I was sitting with Jabir bin Zaid and `Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Mus`ab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zamzam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from `Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" `Umar did not take the Jizya from the Magian infidels till `Abdur-Rahman bin `Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

There gathered near the House (i.e. the Ka`ba) two Quraishi persons and a person from Thaqif (or two persons from Thaqif and one from Quraish), and all of them with very fat bellies but very little intelligence. One of them said, "Do you think that Allah hears what we say?" Another said, "He hears us when we talk in a loud voice, but He doesn't hear us when we talk in a low tone." The third said, "If He can hear when we talk in a loud tone, then He can also hear when we speak in a low tone." Then Allah, the Honorable, the Majestic revealed: 'And you have not been screening against yourself lest your ears, and eyes and your skins should testify against you....' (41.22-23)

This hadith has been narrated through another chain as well.

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

"The Prophet (saws) judged that the produce is produce is for the responsible one."

[He said:] This Hadith is Hasan Sahih, Gharib as a Hadith of Hisham bin 'Urwah (a narrator).

[Abu 'Eisa said:] Muslim bin Khalid Az-Zanji reported this Hadith from Hisham, from 'Urwah. Jarir reported it from Hisham as well. It is said that the narration of Jarir has Tadlis in in it, that Jarir committed the Tadlis, he did not hear it from Hisham bin 'Urwah.

As for the meaning of "the produce is for the responsible one," he is the man who purchased the slave then the slave produced for him, and he found some defect in him so he returned him to the seller. Then the produce (of his work) is the purchaser's. In cases similar to this, the produce is for the responsible one.

[Abu 'Eisa said:] Muhammad bin Isma'il called this Hadith Gharib, as a narration of 'Umar bin 'Ali (one of the narrators). I said: "Do you think that he committed Tadlis?" He said:"No".

Asim ibn Humayd said: I asked Aisha: By what words the Messenger of Allah (saws) would begin his supererogatory prayer at night?

She replied: You ask me about a thing of which no one asked me before you. When he stood up, be uttered the takbir (Allah is most great) ten times, and uttered "Praise be to Allah" ten times, and uttered "Glory be to Allah " ten times, and uttered "There is no god but Allah" ten times, and sought forgiveness ten times, and said: O Allah, forgive me, and guide me, and give me sustenance, and keep me well, and he sought refuge in Allah from the hardship of standing before Allah on the Day of Judgment.

Abu Dawud said: This tradition has also been narrated by Khalid b. Ma'dan from Rab'iah al-Jarashi on the authority of 'Aishah.

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.

"The Messenger of Allah (saws) was a slave (of Allah), who would order as he has ben ordered to. He did not give an order to us instead of the people regarding anything except for three: He ordered us that we make our Wudu' well (Isbagh), that we not eat from charity, and the we not mate a donkey with a horse."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Sahih.

Sufyan Ath-Thawri reported this from Abu Jahdam, who said: "From 'Ubaidullah bin 'Abdullah bin 'Abbas, from Ibn 'Abbas." He said I heard Muhammad saying: "The narration of Ath-Thawri is not preserved. Ath-Thawri made a mistake in it. What is correct is what Ismail bin 'Ulaiyyah and 'Abul-Warith bin Sa'eed reported from Abu Jahdam, from 'Abdullah bin 'Ubaidullah bin 'Abbas from Ibn 'Abbas."

The Prophet said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.' ........(3.77) Al-Ashath came (to the place where `Abdullah was narrating) and said, "What has Abu `Abdur- Rahman (i.e. `Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Apostle! He will take a (false) oath immediately.' Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692)

He said: I swear by Allah, I asked the one who was well informed about it; I asked the Messenger of Allah (saws) about it.

He said: No, enjoin one another to do what is good and forbid one another to do what is evil.

But when you see niggardliness being obeyed, passion being followed, worldly interests being preferred, everyone being charmed with his opinion, then care for yourself, and leave alone what people in general are doing; for ahead of you are days which will require endurance, in which showing endurance will be like grasping live coals. The one who acts rightly during that period will have the reward of fifty men who act as he does.

Another version has: He said (The hearers asked:) Messenger of Allah, the reward of fifty of them?

He replied: The reward of fifty of you.

It was narrated that as-Sa`ib bin Yazeed said: `Umar met `Abdullah bin as-Sa`di... and he mentioned a similar report, but he said: “Give it in charity,” and he said: “Do not hanker after it.`

Allah's Apostle said to me. "Will you relieve me from Dhi-al-Khalasa? " Dhi-al-Khalasa was an idol which the people used to worship and it was called Al-Ka`ba al Yamaniyya. I said, "O Allah's Apostle I am a man who can't sit firm on horses." So he stroked my chest (with his hand) and said, "O Allah! Make him firm and make him a guiding and well-guided man." So I went out with fifty (men) from my tribe of Ahrnas. (The sub-narrator, Sufyan, quoting Jarir, perhaps said, "I went out with a group of men from my nation.") and came to Dhi-al-Khalasa and burnt it, and then came to the Prophet and said, "O Allah's Apostle! I have not come to you till I left it like a camel with a skin disease." The Prophet then invoked good upon Ahmas and their cavalry (fighters).

I was a young unmarried man during the lifetime of the Prophet. I used to sleep in the mosque. Anyone who had a dream, would narrate it to the Prophet. I said, "O Allah! If there is any good for me with You, then show me a dream so that Allah's Apostle may interpret it for me." So I slept and saw (in a dream) two angels came to me and took me along with them, and they met another angel who said to me, "Don't be afraid, you are a good man." They took me towards the Fire, and behold, it was built inside like a well, and therein I saw people some of whom I recognized, and then the angels took me to the right side. In the morning, I mentioned that dream to Hafsa. Hafsa told me that she had mentioned it to the Prophet and he said, "`Abdullah is a righteous man if he only prays more at night." (Az-Zuhri said, "After that, `Abdullah used to pray more at night.")

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

I heard Sahl bin Sa`d saying, "A woman brought a Burda (i.e. a square piece of cloth having edging). I asked, 'Do you know what a Burda is?' They replied in the affirmative and said, "It is a cloth sheet with woven margins." Sahl went on, "She addressed the Prophet and said, 'I have woven it with my hands for you to wear.' The Prophet took it as he was in need of it, and came to us wearing it as a waist sheet. One of us said, 'O Allah's Apostle! Give it to me to wear.' The Prophet agreed to give it to him. The Prophet sat with the people for a while and then returned (home), wrapped that waist sheet and sent it to him. The people said to that man, 'You haven't done well by asking him for it when you know that he never turns down anybody's request.' The man replied, 'By Allah, I have not asked him for it except to use it as my shroud when I die." Sahl added; "Later it (i.e. that sheet) was his shroud."

Ziyadah al-Kindi reported on the authority of Bilal that he (Bilal) came to the Messenger of Allah (saws) to inform him about the dawn prayer. Aisha kept Bilal engaged in a matter which she asked him till the day was bright and it became fairly light. Bilal then stood up and called him to prayer and called him repeatedly. The Messenger of Allah (saws) did not yet come out. When he came out, he led the people in prayer and he (Bilal) informed him that Aisha had kept him engaged in a matter which she asked him till it became fairly light; hence he became late in reaching him (in time). He (Bilal) said: Messenger of Allah, the dawn became fairly bright. He said: If the dawn became brighter than it is now, I would pray them (the two rak'ahs of the sunnah prayer), offer them well and in a more beautiful manner.

The delegates of the tribe of `Abdul-Qais came and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and there is the infidels of the tribe of Mudar intervening between you and us, so we cannot come to you except in the Sacred Months. So please order us some instructions that we may apply it to ourselves and also invite our people whom we left behind us to observe as well." The Prophet said, "I order you (to do) four (things) and forbid you (to do) four: I order you to believe in Allah, that is, to testify that None has the right to be worshipped but Allah (the Prophet pointed with his hand); to offer prayers perfectly; to pay Zakat; to fast the month of Ramadan, and to pay the Khumus (i.e. one-fifth) of the war booty to Allah and I forbid you to use Ad-dubba', An-Naqir, Al-Hantam and Al-Muzaffat (i.e. utensils used for preparing alcoholic drinks)." (See Hadith No. 50, Vol. 1).

I participated in a Ghazwa along with Allah's Apostle The Prophet met me (on the way) while I was riding a camel of ours used for irrigation and it had got so tired that it could hardly walk. The Prophet asked me, "What is wrong with the camel?" I replied, "It has got tired." So. Allah's Apostle came from behind it and rebuked it and prayed for it so it started surpassing the other camels and going ahead of them. Then he asked me, "How do you find your camel (now)?" I replied, "I find it quite well, now as it has received your blessings." He said, "Will you sell it to me?" I felt shy (to refuse his offer) though it was the only camel for irrigation we had. So, I said, "Yes." He said, "Sell it to me then." I sold it to him on the condition that I should keep on riding it till I reached Medina. Then I said, "O Allah's Apostle! I am a bridegroom," and requested him to allow me to go home. He allowed me, and I set out for Medina before the people till I reached Medina, where I met my uncle, who asked me about the camel and I informed him all about it and he blamed me for that. When I took the permission of Allah's Apostle he asked me whether I had married a virgin or a matron and I replied that I had married a matron. He said, "Why hadn't you married a virgin who would have played with you, and you would have played with her?" I replied, "O Allah's Apostle! My father died (or was martyred) and I have some young sisters, so I felt it not proper that I should marry a young girl like them who would neither teach them manners nor serve them. So, I have married a matron so that she may serve them and teach them manners." When Allah's Apostle arrived in Medina, I took the camel to him the next morning and he gave me its price and gave me the camel itself as well.

I, al-Abbas, Fatimah and Zayd ibn Harithah gathered with the Prophet (saws) and I said: Messenger of Allah, if you think to assign us our right (portion) in this fifth ( of the booty) as mentioned in the Book of Allah, and this I may divide during your lifetime so that no one may dispute me after you, then do it. He said: He did that. He said: I divided it during the lifetime of the Messenger of Allah (saws). AbuBakr then assigned it to me. During the last days of the caliphate of Umar a good deal of property came to him and took out our portion. I said to him: We are well to do this year; but the Muslims are needy, so return it to them. He, therefore, returned it to them. No one called me after Umar. I met al-Abbas when I came out from Umar. He said: Ali, today you have deprived us of a thing that will never be returned to us. He was indeed a man of wisdom.

I came upon Allah's Apostle when he was at Al-Batha. He asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked, "For what have you assumed lhram?" I replied," I have assumed Ihram with the same intention as that of the Prophet ." The Prophet said, "You have done well! Go and perform Tawaf round the Ka`ba and between Safa and Marwa." Then I went to one of the women of Bani Qais and she took out lice from my head. Later, I assumed the Ihram for Hajj. So, I used to give this verdict to the people till the caliphate of `Umar. When I told him about it, he said, "If we take (follow) the Holy Book, then it orders us to complete Hajj and `Umra (Hajj-at- Tamattu`) and if we follow the tradition of Allah's Apostle then Allah's Apostle did not finish his lhram till the Hadi had reached its destination (had been slaughtered). (i.e. Hajj-al-Qiran). (See Hadith No. 630)

Sa'id ibn al-Musayyab said: An Ansari was breathing his last. He said: I narrate to you a tradition, and I narrate it with the intention of getting a reward from Allah.

I heard the Messenger of Allah (saws) say: If any one of you performs ablution and performs it very well, and goes out for prayer, he does not take his right step but Allah records a good work (or blessing) for him, and he does not take his left step but Allah remits one sin from him. Any one of you may reside near the mosque or far from it; if he comes to the mosque and prays in congregation, he will be forgiven (by Allah).

If he comes to the mosque while the people had prayed in part, and the prayer remained in part, and he prays in congregation the part he joined, and completed the part he had missed, he will enjoy similarly (i.e. he will be forgiven). If he comes to the mosque when the people had finished prayer, he will enjoy the same.

Today a man came to me and asked me a question which I did not know how to answer. He said, "Tell me, if a wealthy active man, well-equipped with arms, goes out on military expeditions with our chiefs, and orders us to do such things as we cannot do (should we obey him?)" I replied, "By Allah, I do not know what to reply you, except that we, were in the company of the Prophet and he used to order us to do a thing once only till we finished it. And no doubt, everyone among you will remain in a good state as long as he obeys Allah. If one is in doubt as to the legality of something, he should ask somebody who would satisfy him, but soon will come a time when you will not find such a man. By Him, except Whom none has the right to be worshipped. I see that the example of what has passed of this life (to what remains thereof) is like a pond whose fresh water has been used up and nothing remains but muddy water."

I said to `Aisha, "O Mother! Did Prophet Muhammad see his Lord?" Aisha said, "What you have said makes my hair stand on end ! Know that if somebody tells you one of the following three things, he is a liar: Whoever tells you that Muhammad saw his Lord, is a liar." Then Aisha recited the Verse: 'No vision can grasp Him, but His grasp is over all vision. He is the Most Courteous Well-Acquainted with all things.' (6.103) 'It is not fitting for a human being that Allah should speak to him except by inspiration or from behind a veil.' (42.51) `Aisha further said, "And whoever tells you that the Prophet knows what is going to happen tomorrow, is a liar." She then recited: 'No soul can know what it will earn tomorrow.' (31.34) She added: "And whoever tell you that he concealed (some of Allah's orders), is a liar." Then she recited: 'O Apostle! Proclaim (the Message) which has been sent down to you from your Lord..' (5.67) `Aisha added. "But the Prophet saw Gabriel in his true form twice."

I came to the Prophet at Al-Batha' while his camel was kneeling down and he asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked me, 'With what intention have you assumed Ihram?" I replied, "I have assumed Ihram with the same intention as that of the Prophet. He said, "You have done well. Perform the Tawaf of the Ka`ba and (the Sai) between As-Safa and Al- Marwa and then finish the Ihram." So, I performed the Tawaf around the Ka`ba and the Sai) between As-Safa and Al-Marwa and then went to a woman of the tribe of Qais who cleaned my head from lice. Later I assumed the Ihram for Hajj. I used to give the verdict of doing the same till the caliphate of `Umar who said, "If you follow the Holy Book then it orders you to remain in the state of Ihram till you finish from Hajj, if you follow the Prophet then he did not finish his Ihram till the Hadi (sacrifice) had reached its place of slaughtering (Hajj-al-Qiran).

`Abdullah bin Al-Abbas and Al-Miswar bin Makhrama differed at Al-Abwa'; Ibn `Abbas said that a Muhrim could wash his head; while Al-Miswar maintained that he should not do so. `Abdullah bin `Abbas sent me to Abu Aiyub Al-Ansari and I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth. I greeted him and he asked who I was. I replied, "I am `Abdullah bin Hunain and I have been sent to you by Ibn `Abbas to ask you how Allah's Apostle used to wash his head while in the state of lhram." Abu Aiyub Al-Ansari caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Aiyub) rubbed his head with his hands by bringing them from back to front and from front to back and said, "I saw the Prophet doing like this."

A thief was brought to the Prophet (saws). He said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his foot.

So his (left) foot was cut off.

He was brought a third time and he said: Kill him.

The people said: He has committed theft, Messenger of Allah!

So he said: Cut off his hand. (So his (left) hand was cut off.)

He was brought a fourth time and he said: Kill him.

The people said: He has committed theft, Messenger of Allah!

So he said: Cut off his foot. So his (right) foot was cut off.

He was brought a fifth time and he said: Kill him.

So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.