one who is in grinding poverty, one who is seriously in debt, or one who is responsible for blood-wit he finds it difficult to pay.” Abu Dawud transmitted it, and Ibn Majah transmitted up to “the day of resurrection.”

Buraida told that Ma'iz b. Malik came to the Prophet and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God's forgiveness and turn to Him in repentance.” He said that he went back not very far, then came and said, “Purify me, Messenger of God,” and the Prophet said the same as he had said before. When this went on till a fourth time he asked, “For what am I to purify you?” and he replied that it was because of fornication. God’s Messenger then asked if the man was mad, and when he was told that he was not, he asked if he had drunk wine. A man got up and smelt his breath but noticed no smell of wine, so the Prophet asked him if he had committed fornication, and when he replied that he had, he gave orders regarding him and he was stoned to death. Two or three days later God’s Messenger came and said, “Ask forgiveness for Ma'iz b. Malik. He has repented to such an extent that if it were divided among a people it would be enough for them all.” Then a woman of Ghamid, a branch of Azd came to him and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God’s forgiveness and turn to Him in repentance.” She said, “Do you want to send me back as you did to Ma'iz b. Malik when I am ¹ pregnant as a result of fornication?” He asked whether she was referring to herself, and when she replied that she was, he told her to wait till she had given birth to what was in her womb. One of the Ansar became responsible for her till she was delivered of a child, and then went to the Prophet and told him that the woman of Ghamid had given birth to a child. He said, "In that case we shall not stone her and so leave her child as an infant with no one to suckle him.” One of the Ansar then got up and said, "I shall be responsible for his suckling, Prophet of God." He then had her stoned to death. A version says that he told her to go away till she gave birth to a child, then when she did, he told her to go away and suckle him till she had weaned him. When she had weaned him she brought the boy to him with a piece of bread in his hand and said, "I have weaned this one and he has eaten food." He (hen handed the boy over to one of the Muslims, and when he had given command regarding her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al-Walid came forward with a stone which he threw at her head, and when the blood spurted on his face he cursed her, but the Prophet said, "Gently, Khalid, By Him in whose hand my soul is, she has repented to such an extent that if one who wrongfully takes an extra tax ² were to repent to a like extent he would be forgiven." Then giving command regarding her, he prayed over her and she was buried. Muslim transmitted it. 1. The Arabic uses the third person, saying she was pregnant. It may be an explanatory phrase, but I have ventured to treat it as part of the woman's word since this makes the sentence read a little more easily. 2. Sahib maks. Maks was money taken from sellers in the market in pre-Islamic times; it is also used of something taken by a tax-collector over and above that is duo.

A man from among us died, so we washed, embalmed and shrouded him. We then brought him to Allah's Messenger (SAW) and asked him to pray over him. He went forward some steps and then asked, "Does he have any debt against him?" We replied, "Two Dinars." He turned away, but Abu Qatada (RA) took upon himself the bearing of them. We then came to him (again) (SAW) and Abu Qatada (RA) said, "I shall discharge the two Dinars." Allah's Messenger (SAW) thereupon said, "[Will you be responsible for paying them as] a right to the creditor; and the dead man will then be free from them?" He replied, "Yes." So, he prayed over him. [Reported by Ahmad, Abu Dawud, and an-Nasa'i. Ibn Hibban and al-Hakim graded it Sahih (authentic)].

I never remained behind Allah's Messenger (may peace be upon him) from any expedition which he undertook except the Battle of Tabuk and that of the Battle of Badr. So far as the Battle of Badr is concerned, nobody was blamed for remaining behind as Allah's Messenger (may peace be upon him) and the Muslims (did not set out for attack but for waylaying) the caravan of the Quraish, but it was Allah Who made them confront their enemies without their intention (to do so). I had the honour to be with Allah's Messenger (may peace be upon him) on the night of 'Aqaba when we pledged our allegiance to Islam and it was more dear to me than my participation in the Battle of Badr, although Badr was more popular amongst people as compared with that (Tabuk). And this is my story of remaining back from Allah's Messenger (may peace be upon him) on the occasion of the Battle of Tabuk. Never did I possess means enough and (my circumstances) more favourable than at the occasion of this expedition. And, by Allah, I had never before this expedition simultaneously in my possession two rides. Allah's Messenger (may peace be upon him) set out for this expedition in extremely hot season; the journey was long and the land (which he and his army had to cover) was waterless and he had to confront a large army, so he informed the Muslims about the actual situation (they had to face), so that they should adequately equip themselves for this expedition, and he also told them the destination where he intended to go. And the Muslims who accompanied Allah's Messenger (may peace be upon him) at that time were large in numbers but there was no proper record of them. Ka'b (further) said: Few were the persons who wanted to absent themselves, and were under the impression that they could easily conceal themselves (and thus remain undetected) until revelations from Allah, the Exalted and Glorious (descended in connection with them). And Allah's Messenger (may peace be upon him) set out on an expedition when the fruits were ripe and their shadows had been lengthened. I had weakness for them and it was during this season that Allah's Messenger (may peace be upon him) made preparations and the Muslims too along with them. I also set out in the morning so that I should make preparations along with them but I came back and did nothing and said to myself: I have means enough (to make preparations) as soon as I like. And I went on doing this (postponing my preparations) until people were about to depart and it was in the morning that Allah's Messenger (may peace be upon him) set out and the Muslims too along with him, but I made no preparations. I went early in the morning and came back, but I made no decision. I continued to do so until they (the Muslims) hastened and covered a good deal of distance. I also made up my mind to march on and to meet them. Would that I had done that but perhaps it was not destined for me. After the departure of Allah's Messenger (may peace be upon him) as I went out amongst people, I was shocked to find that I did not find anyone like me but people who were labelled as hypocrites or the people whom Allah granted exemption because of their incapacity and Allah's Messenger (may peace be upon him) took no notice of me until he had reached Tabuk. (One day as he was sitting amongst the people in Tabuk) he said: What has happened to Ka'b b. Malik? A person from Banu' Salama said: Allah's Messenger, the (beauty) of his cloak and his appreciation of his sides have allured him and he was thus detained. Mua'dh b. Jabal said: Woe be upon that what you contend. Allah's Messenger, by Allah, we know nothing about him but good. Allah's Messenger (may peace be upon him), however, kept quiet. It was during that time that he (the Holy Prophet) saw a person (dressed in all white (garment) shattering the illusion of eye (mirage). Thereupon Allah's Messenger (may peace be upon him) said: May he be Abu Khaithama and, lo, it was Abu Khaithama al-Ansari and he was that person who contributed a sa' of dates and was scoffed at by the hypocrites. Ka'b b. Malik farther said: When this news reached me that Allah's Messenger (may peace be upon him) was on his way back from Tabuk I was greatly perturbed. I thought of fabricating false stories and asked myself how I would save myself from his anger on the following day. In this connection, I sought the help of every prudent man from amongst the members of my family and when it was said to me that Allah's Messenger (may peace be upon him) was about to arrive, all the false ideas banished (from my mind) and I came to the conclusion that nothing could save me but the telling of truth, so I decided to speak the truth and it was in the morning that Allah's Messenger (may peace be upon him) arrived (in Medina). And it was his habit that as he came back from a journey he first went to the mosque and observed two Rak'ahs of nafl prayer (as a mark of gratitude) and then sat amongst people. And as he did that, those who had remained behind him began to put forward their excuses and take an oath before him and they were more than eighty persons. Allah's Messenger (may peace be upon him) accepted their excuses on the very face of them and accepted their allegiance and sought forgiveness for them and left their secret (intentions) to Allah, until I presented myself to him. I greeted him and he smiled and there was a tinge of anger in that. He (the Holy Prophet) then said to me: Come forward. I went forward until I sat in front of him. He said to me: What kept you back? Could you not afford to go in for a ride? I said: Allah's Messenger, by Allah, if I were to sit in the presence of anybody else from amongst the worldly people I would have definitely saved myself from his anger on one pretext (or the other) and I have also the knack to fall into argumentation, but, by Allah, I am fully aware of the fact that if I were to put forward before you a false excuse to please you Allah would definitely provoke your wrath upon me, and if I speak the truth you may be annoyed with me, but I hope that Allah would make its end well and, by Allah, there is no valid excuse for me. By Allah, I never possessed so good means, and I never had such favourable conditions for me as I had when I stayed behind you (failed to join the expedition). Thereupon, Allah's Messenger (may peace be upon him) said: This man told the truth, so get up until Allah gives a decision in your case. I stood up and some people of Banu' Salama followed me in hot haste, and they said to me: By Allah, we do not know about you that you committed a sin prior to this. You, however, showed inability to put forward an excuse before Allah's Messenger (may peace be upon him) as those who stayed behind him have put forward excuses. It would have been enough for the forgiveness of your sin that Allah's Messenger (may peace be upon him) would have sought forgiveness for you. By Allah, they continued to incite me until I thought of going back to Allah's Messenger (may peace be upon him) and contradict myself. Then I said to them: Has anyone else also met the same fate? They said: Yes, two persons have met the same fate as has fallen to you and they have made the sane statement as you have made, and the same verdict has been delivered in their case as it has been delivered in your case. I said: Who are they? They said: Murara b. ar-Rabi'a 'Amiri and Hilal b. Umayya al-Waqafi. They made a mention of these two pious persons to me who had participated in the Battle of Badr and there was an example for me in them. I went away when they named these two persons. Allah's Messenger (may peace be upon him) forbade the Nluslims to talk with three of us from amongst those (persons) who had stayed behind him. The people began to avoid us and their attitude towards us underwent a change and it seemed as if the whole atmosphere had turned (hostile) against us and it was in fact the same atmosphere ot which I was fully aware and in which I had lived (for a fairly long time). We spent fifty nights in this very state and my two friends confined themselves withen their houses and spent (most of the) time in weeping, but as I was young and strong amongst them I got (out of my house), participated in congregational prayers, moved about in the bazar; but none spoke to me. I came to Allah's Messenger (may peace be upon him) as he sat amongst (people) after the prayer, greeted him and asked myself whether his lips stirred in response to my greetings (or not). Then I observed prayer beside him and looked at him with stealing glances and when I attended to my prayer, he looked at me and when I cast a glance at him he turned away his eyes from me. And when the harsh treatment of the Muslims towards me extended to a (considerable) length of time, I walked until I climbed upon the wall of the garden of Abu Qatada, and he was my cousin, and I had the greatest love for him. I greeted him but, by Allah, he did not respond to my greetings. I said to him: Abu Qatada, I adjure you by Allah, arn't you well aware of the fact that I love Allah and His Messenger (may peace be upon him) the most. He kept quiet. I again repeated saying: I adjure you by Allah. arn't you well aware of the fact that I love Allah and His Messenger (may peace be upon him) the most. He kept quiet. I again adjured him, whereupon he said: Allah and the Messenger (may peace be upon him) are best aware of it. My eyes began to shed tears and I came back climbing down from the wall and as I was walking in the bazar of Medina a Nabatean from amongst the Nabateans of Syria, who had come to sell foodgrains in Medina, asked people to direct him to Ka'b b. Malik. People gave him the indication by pointing towards me. He came to me and delivered to me a letter of the King of Ghassan and as I was a scribe I read that letter and it was written like this:" Coming to my point, it has been conveyed to us that your friend (the Holy Prophet) is subjecting you to cruelty and Allah has not created you for a place where you are to be degraded and where you cannot find your right place, so you come to us that we should accord you honour. As I read that letter I said: This is also a calamity, so I burnt it in the oven. When out of the fifty days, forty days had passed and Allah's Messenger (may peace be upon him) received no revelation, there came the messenger of Allah's Messenger (may peace be upon him) to me and said: Verily, Allah's Messenger (may peace be upon him) has commanded you to remain separate from your wife. I said: Should I divorce her or what (else) should I do? He said: No, but only remain separate from her and don't have sexual contact with her. The same message was sent to my companions. So I said to my wife: You better go to your parents and stay there with them until Allah gives the decision in my case. The wife of Hilal b. Umayya came to Allah's Messenger (may peace be upon him) and said: Allah's Messenger, Hilal b. Umayya is a senile person, he has no servant. Do you disapprove of my serving him? He said: No, but don't go near him. She said: By Allah, he has no such instinct in him. By Allah, he spends his time in weeping from that day to this day. Some of the members of my family said to me: Were you to seek permission from Allah's Messenger (may peace be upon him) in regard to your wife as he has granted permission to the wife of Hilal b. Umayya to serve him. I said: I would not seek permission from Allah's Messenger (may peace be upon him), for I cannot say what Allah's Apostle may say in response to seeking my permission. Moreover, I am a young man. It was in this state that I spent ten more nights and thus fifty nights had passed that (people) had observed boycott with us. It was on the morning of the fiftieth night that I observed my dawn prayer and was sitting on one of the roofs of our houses. And I was in fact sitting in that very state which Allah, the Exalted and Glorious, has described about us in these words:" Life had become hard for myself and the earth had compressed despite its vastness," that I heard the noise of an announcer from the peak of the hill of Sal' saying at the top of his voice: Ka'b b. Malik, there is glad tidings for you. I fell down in prostration and came to realise that there was (a message of) relief for me. Allah's Messenger (may peace be upon him) had informed the people of the acceptance of our repentance by Allah as he offered the dawn prayer. So the people went on to give us glad tidings and some of them went to my friends in order to give them the glad tidings and a person galloped his horse and came from the tribe of Aslam and his horse reached me more quickly than his voice. And when he came to me whose sound I heard, he gave me the glad tidings. I took off my clothes and clothed him with them because of his bringing good news to me and, by Allah, I possessed nothing else (in the form of clothes) than these two on that occasion, and I asked one to lend me two clothes and dressed myself in them. I came to Allah's Messenger (may peace be upon him) and on my way I met groups of people who greeted me because of (the acceptance of) repentance and they said: Here is a greeting for you for your repentance being accepted by Allah. (I moved on) until I came to the mosque and Allah's Messenger (may peace be upon him) had been sitting there amongst persons. So Talha b. 'Ubaidullah got up and rushed towards me and he shook hands with me and greeted me and, by Allah, no person stood up (to greet me) from amongst the emigrants except he. Ka'b said that he never forgot (this good gesture of) Talha. Ka'b further said: I greeted Allah's Messenger (may peace be upon him) with Assalam-o-'Alaikam and his face was glistening because of delight, and he said: Let there be glad tidings and blessings for you, the like of which (you have neither found nor you will find, as you find today) since your mother gave your birth. I said: Allah's Messenger. is this acceptance of repentance from you or from Allah? He said: No, (it is not from ma), it is from Allah, and it was common with Allah's Messenger (may peace be upon him) that as he was happy his face brightened up and it looked like a part of the moon and it was from this that we recognised it (his delight). As I sat before him, I said: Allah's Messenger, am I allowed to give in charity my wealth for Allah's sake and for the sake of His Messenger (may peace be upon him)? Thereupon Allah's Messenger (may peace be upon him) said: Keep some property with you as it is better for you. I said: I shall keep with me that part (of my property) which fell to my lot (on the occasion of the expedition of) Khaibar. I said: Allah's Messenger, verily, Allah has granted me salvation because of truth and, therefore, (I think) that repentance implies that I should not speak anything but truth as long as I live. He said: By Allah, I do not know whether anyone amongst the Muslims was put to more severe trial than I by Allah because of telling the truth. And since I made a mention of this to Allah's Messenger (may peace be upon him) up to this day I have not told any lie and, by Allah, I have decided not to tell a lie and I hope that Allah would save me (from trials) for the rest of my life and Allah, the Exalted and Glorious, revealed these verses:" Certainly, Allah has turned in Mercy to the Prophet and the emigrants and the helpers who followed him in the hour of hardship after the hearts of a part of them were about to deviate; then He turned to them in mercy. Surely, to them He is Compassionate, Merciful and (He turned in Mercy) to the three who were left behind until the earth despite its vastness became strait for them and their souls were also straitened to them." And this revelation reached up to the (words):" O you who believe, develop God consciousness, and be with the truthful" (ix. 117-118). Ka'b said: By Allah, since Allah directed me to Islam there has been no blessing more significant for me than this truth of mine which I spoke to Allah's Messenger (may peace be upon him) and if I were to tell a lie I would have been ruined as were ruined those who told lies, for in regard to those who told lies Allah used harshest words used for anyone as He descended revelation (and the words of Allah are):" They will swear by Allah to you when you return to them so that you may leave them alone. So leave them alone. Surely, they are unclean and their resort is Hell, recompense for what they earned. They will swear to you that you may be pleased with them but if you are pleased with them, yet surely Allah is not pleased with the transgressing people" (ix. 95-96). K'ab said that the matter of us three persons was deferred as compared with those who took an oath in the presence of Allahs Messenger (may peace be upon him) and he accepted their allegiance and sought forgiveness for them and Allah did not give any decision in regard to us. It was Allah, the Exalted and Glorious, Who gave decisions in our case, three who remained behind. (The words of the Qur'an)" the three who were left behind" do not mean that we remained back from Jihad but these imply that He kept our matter behind them who took oath and presented excuse before Him. This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.

Once we were sitting in the company of Messenger of Allah (PBUH) when there appeared a man dressed in very white clothes and having extraordinary black hair. No signs of fatigue of journey appeared on him and he was known to none of us. He sat down facing the Prophet (PBUH) leaning his knees against the knees of the Prophet (PBUH) and placing both of his palms over his two thighs and said, "O Muhammad (PBUH)! Tell me about Islam". He (PBUH) replied, "Islam is to testify that none has the right to be worshipped but Allah, and that Muhammad (PBUH) is the Messenger of Allah; that you observe Salat (prayers), pay Zakat, observe Saum (fasting) of Ramadan and perform Hajj (pilgrimage) of the House, provided you have resources of making journey to it." He replied: "You have spoken the truth." We were surprised to see that he had asked him and confirmed the correctness of the answers. He then enquired: "Tell me about Iman." He (PBUH) said: "It is to believe in Allah, His angels, His Books, His Messengers and the Last Day and that you believe in preordainment (destiny), its bad and good consequences." He said, "You have spoken the truth." He then enquired: "Tell me about Ihsan." He (PBUH) said, "It is to worship Allah as if you are seeing Him; and although you do not see Him, He sees you." He enquired: "Inform me about the Hour (i.e., the Day of Resurrection)." He (PBUH) replied, "I have no more knowledge thereof than you". He said, "Inform me about some of its signs." He (PBUH) said, "They are - that a bondswoman gives birth to her own master, and that you will find the barefooted, naked, poor shepherds competing one another in the construction of higher buildings." Then he departed. The Messenger of Allah kept silent for a while then he said to me, "O 'Umar! Do you know who the questioner was?" I replied, "Allah and His Messenger know better." The Prophet (PBUH) said, "He was Jibril (Gabriel); he came to you to teach you your religion."

[Muslim]

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."

Sulaiman b. Buraida told on his father’s authority that when God’s Messenger appointed a commander over an army or a detachment he instructed him to fear God himself and consider the welfare of the Muslims who were with him. He then said, “Go forth in God’s name in God’s path and fight with those who disbelieve in God. Go forth and do not be unfaithful regarding booty, or treacherous, or mutilate anyone, or kill a child. When you meet the polytheists who are your enemy summon them to three things, and accept whichever of them they are willing to agree to, and refrain from them. Then* summon them to Islam, and if they agree accept it from them and refrain from them. Then summon them to leave their abodes and transfer to the abode of the Emigrants, and tell them that if they do so they will have the same rights and responsibilities as the Emigrants; but if they refuse to transfer from them tell them they will be like the desert Arabs who are Muslims, subject to God’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand the jizya from them, and if they agree accept it from them and refrain from them; but if they refuse seek God’s help and fight with them. When you invest a fortress and its people wish you to grant them the protection of God and His prophet, grant them neither but grant them your protection and that of your companions, for it is less serious to break your guarantee of protection and that of your companions than to break that of God and His Messenger. If you invest a fortress and its people offer to capitulate and have the matter referred to God’s jurisdiction, do not grant this, but let them capitulate and have the matter referred to your jurisdiction, for you do not know whether or not you will hit on God’s jurisdiction regarding them.” * What follows gives in detail the three things mentioned above. Muslim transmitted it.

When we were with `Umar he asked which of us remembered the tradition of God's messenger about the fitna, and I replied that I remembered it just as he had uttered it. Telling me to relate it, and remarking that I was daring, he asked how he had spoken and I replied that I had heard God's messenger say, "A man's fitna concerns his family, his property, his person, his children and his neighbour for any shortcoming in which atonement made by fasting, prayer, sadaqah recommending what is reputable and reproving what is disreputable.[1] `Umar said that this was not what he meant, for he was thinking of the fitna which swells like the waves of the sea.[2] I asked the commander of the faithful what he had to do with it, for between him and it there was a closed door. He asked whether the door would be broken down or opened, and when I replied that it would be broken down, he said it would never likely be closed. Hudhaifa was asked if `Umar knew who the door was and he replied that he knew it as well as he knew that a night comes before tomorrow, adding that he had told him a tradition which included no misleading language. They were afraid to ask Hudhaifa who the door was, so they asked Masruq to ask him, and when he did so he replied that it was `Umar.3 A man who has these responsibilities may fall short of what is due from him, but can make atonement for his shortcoming. Contention which leads to strife and warfare. The point of the tradition is that the fitna would not occur in `Umar's lifetime, but that as he was to be assassinated there was no hope of peaceful conditions ever returning. The opening of the door indicates a natural death and the breaking down of the door a violent death. (Bukhari and Muslim.)

'Abdullah ibn 'Amr said, "We were sitting with the Messenger of Allah, may Allah bless him and grant him peace, when a bedouin man wearing a robe with a border approached him until he stood before the Messenger of Allah, may Allah bless him and grant him peace. He said, 'Your companion has debased every horseman and elevates every shepherd.' The Prophet, may Allah bless him and grant him peace, took hold of the folds of his robe and said, 'I see that you are wearing the clothes of someone who is without intelligence.' Then he went on, 'When the Prophet Nuh, may Allah bless him and grant him peace, he told his son, "I will give you some instructions. I command you to things and I forbid you two things. I command you to say, 'There is no god but Allah.' If the seven heavens and the seven earths were a dark ring, they would be cut by 'There is no god but Allah' and 'Glory be to Allah and by His praise.' It is the prayer of every thing and by it everything has its provision. And I forbid you to associate others with and Allah and to be proud.'

We travelled all night and the following day till the midday sun offered little shade, the road being empty with no one passing on it. Seeing a tall, shady rock protected from the sun's rays we alighted beside it, and when I had smoothed a place with my hands for him to sleep and spread a skin garment over him, I said, "Sleep, messenger of God, and I shall keep watch around you." He went to sleep, and when I went out to keep watch around him, I saw a shepherd approaching. I asked if his sheep had any milk and he replied that they had, so I asked if he would draw some milk and he agreed, and drew a cupful into a wooden cup. I had a small skin vessel I carried for the Prophet from which he took water both for drinking and for performing ablution, so I went to the Prophet, but as I did not like to waken him, I waited for him till he awoke. I then poured some water on the milk till the bottom of it was cooled, and said, "Drink, messenger of God." When he had drunk an amount which made me feel pleased, he said, "Is it not time to be moving?" and I agreed that it was; so, we moved on after the sun had passed the meridian. Suraqa b. Malik had followed us up and I said, "We have been overtaken, messenger of God." He replied, "Do not grieve; God is with us." The Prophet then prayed that he might be hindered and his horse sank with him up to its belly in hard ground. He said, "I see that you two have prayed that I might be hindered; now pray for me, for God is on your side, that I may turn away the search from you." The Prophet prayed for him, and when he got free, he began to say whenever he met anyone, "You have been saved trouble, for there is no one here; and he met no one without turning him back. (Bukhari and Muslim.)

ʼUmar bin al-Khattab (رضي الله عنه) told me: Whilst we were with the Messenger of Allah (ﷺ) one day, a man came to us whose garment was exceedingly white and whose hair was exceedingly black, and we did not see any signs of travel on him, and none of us knew who he was. He came and sat before the Prophet (ﷺ), resting his knees against his and placing his hands on his thighs. He said: O Muhammad, tell me about Islam: what is Islam? The Messenger of Allah (ﷺ) said: `Islam means to bear witness that there is no god except Allah and that Muhammad is the Messenger of Allah (ﷺ), to establish regular prayer, to pay zakali, to fast Ramadan and to perform pilgrimage to the House (the Ka`bah), if you have the means.` He said: You have spoken the truth. He (‘Umar) said: It amazed us, how he questioned him and said that he had spoken the truth. He said: Tell me about faith (Eeman). He said: `Faith is to believe in Allah, His angels, His Books, His Messengers, the Last Day, and to believe in al-qadar (the divine will and decree), both good and bad.` He said: You have spoken the truth. He said: Tell me about ihsan: what is ilisan? - Yazeed said: - `It is to worship Allah as if you can see Him, for although you cannot see Ilim, He sees you.` He said: Tell me about the Hour. He said: “The one who is asked about it does not know more than the one who is asking.” He said: Then tell me about its signs. Ise said: `When the slave woman gives birth to her mistress, and when you see the barefoot, naked, destitute shepherds competing in the construction of lofty buildings.” He [Umar] said: Then he went away. He sumar waited for a while - Yazeed said: three (days). Then he (the Prophet (ﷺ) said to me: `O`Umar, do you know who that questioner was?` I said: Allah and His Messenger know best. He said: “That was Jibreel, who came to you to teach you your religion.`

Ibn ‘Umar said. `Umar (رضي الله عنه) told us: We were sitting with the Messenger of Allah (ﷺ) and he mentioned the same hadeeth, except that he said: No signs of travel were to be seen on him. And he- said: `Umar said: 1 waited for three (days), then the Messenger of Allah (ﷺ) said: “oʻUmar...”

The first to speak on Divine decree in al-Basrah was Ma`bad al Juhani. I and Humaid b. `Abd al-Rahman al-Himyari proceeded to perform Hajj or `Umrah. We said : would that we meet any of the Companions of the Messenger of Allah (saws) so that we could ask him about what they say with regard to divine decree. So Allah helped us to meet `Abd Allah b. `Umar who was entering the mosque. So I and my companion surrounded him, and I thought that my companion would entrust me the task of speaking to him. Then I said : Abu ‘Abd al-Rahman, there appeared on our side some people who recite the Qur'an and are engaged in the hair-splitting of knowledge. They conceive that there is no Divine decree and everything happens freely without predestination. He said : When you meet those people, tell them that I am free from them, and they are free from me. By Him by Whom swears ‘Abd Allah b. ‘Umar, if one of them has gold equivalent to Uhud and he spends it, Allah will not accept it from him until he believes in Divine decree. He then said : ‘Umar b. Khattab transmitted to me a tradition, saying : One day when we were with the Messenger of Allah (saws) a man with very white clothing and very black hair came up to us. No mark of travel was visible on him, and we did not recognize him. Sitting down beside the Messenger of Allah (saws), leaning his knees against his and placing his hands on his thighs, he said : tell me, Muhammad, about Islam. The Messenger of Allah (saws) said : Islam means that you should testify that there is no god but Allah, and Muhammad is Allah’s Apostle, that you should observe prayer, pay Zakat, fast during Ramadan, and perform Hajj to the house (i.e., Ka`bah), If you have the means to go. He said : You have spoken the truth. We were surprised at his questioning him and then declaring that he spoke the truth. He said : Now tell me about faith. He replied : It means that you should believe in Allah, his angels, his Books, his Apostles and the last day, and that you should believe in the decreeing both of good and evil. He said : You have spoken the truth. He said : now tell me about doing good (ihsan). He replied: It means that you should worship Allah as though you are seeing him; if you are not seeing him, he is seeing you. He said: Now tell me about the hour. He replied : The one who is asked about it is no better informed than the one who is asking. He said : Then tell me about its signs. He replied : That a maidservant should beget her mistress, and that you should see barefooted, naked, poor men and shepherds exalting themselves in buildings. ‘Umar said : He then went away, and I waited for three days, then he said : Do you know who the questioner was, `Umar? I replied : Allah and his Apostle know best. He said : He was Gabriel who came to you to teach you your religion.

"We were sitting with the Prophet (SAW) when a man came to him whose clothes were intensely white and whose hair was intensely black; no signs of travel could be seen upon him, and none of us recognized him. He sat down facing the Prophet (SAW), with his knees touching his, and he put his hands on his thighs, and said: 'O Muhammad, what is Islam?' He said: 'To testify that none has the right to be worshipped but Allah, and that I am the Messenger of Allah, to establish regular prayer, to pay Zakat, to fast in Ramadan, and to perform Hajj to the House (the Ka'bah).' He said: 'You have spoken the truth.' We were amazed by him: He asked a question, then told him that he had spoken the truth. Then he said: 'O Muhammad, what is Iman faith? He said: 'To believe in Allah, His angels, His Messengers, His books, the Last day, and the Divine Decree (Qadar), both the good of it and the bad of it.' He said' You have spoken the truth.' We were amazed by him. He asked a question, then told him that he had spoken the truth. Then he said: 'O Muhammad, what is Ihsan (right action, goodness, sincerity)? He said: 'To worship Allah as if you see Him, for even though you do not see Him, He sees you.' He asked: "When will the Hour be?' He said: 'The one who is being asked about it does not know more than the one who is asking.' He asked: 'Then what are its signs?' he said: 'When the slave woman gives birth to her mistress' (Waki' said: This means when non-Arabs will give birth to Arabs") 'and when you see barefoot, naked, destitute shepherds competing in constructing tall buildings.' The Prophet (SAW) met me three days later and asked me: 'Do you know who that man was? I said" 'Allah and his Messenger know best.' He said: 'That was Jibril, who came to you to teach you your religion.'"

Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."

Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."

Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."

Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."

Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

We met 'Abdullah bin 'Umar and discussed the divine decree (al qadar) and what others said concerning it. He said: When you go back to them, say; Ibn ‘Umar has nothing to do with you and you have nothing to do with him - three times. Then he said: ‘Umar bin al Khattab رضي الله عنه ­­ told me that whilst they were sitting with the Prophet ﷺ ­, a man came to him walking, with a handsome face and hair, wearing white clothes. The people looked at one another (as if to say): We do not know this man and he does not look like a traveller. Then he said: O Messenger of Allah (ﷺ) , shall I come to you? He said: `Yes.` So he came and put his knees against his knees and his hands on his thighs and said: What is Islam? He said: `To testify that there is no god but Allah and that Muhammad is the Messenger of Allah (ﷺ) , to establish regular prayer, to give zakah, to fast Ramadan and to go on pilgrimage to the House.` He said: What is faith (eeman)? He said: “To believe in Allah, His angels, Paradise and Hell, resurrection after death and the divine decree, all of it.” He said: What is ihsan? He said: `To strive for the sake of Allah as if you see Him, and even though you do not see Him, He sees you.` He said: When will the Hour come? He said: `The one who is asked about it does not know more than the one who is asking.” He said: What are its portents? He said: `When the destitute, barefoot, naked shepherds compete in constructing lofty buildings, and the slave women give birth to their masters.” Then he said: `Call the man to me.” They looked for him but they saw no trace of him. Two or three days passed, then he said: “O Ibn al­ Khattab, do you know who that was who asked about such and such?” He said: Allah and His Messenger know best. He said: `That was Jibreel who came to teach you your religion.` A man from Juhainah or Muzainah asked him: O Messenger of Allah (ﷺ) , what are we striving for? Is it something that is already decided or is it something that is evolving right now? He said:`For some-­thing that is already decided.` The man or one of the people said: O Messenger of Allah (ﷺ) , then why should we strive? He said: “The people of Paradise will be enabled to do the deeds of the people of Paradise and the people of Hell will be enabled to do the deeds of the people of Hell.` Yahya said: And that is how it is.

"The first person to speak about Al-Qadar was Ma'bad Al-Juhani." He said: "Humaid bin Abdur-Rahman Al-Himyari and I went out until we reached Al-Madinah, and we said: 'If we could only meet someone among the companions of the Prophet (SAW) so we could ask him about what those people have innovated." [He said:] "So we met him - meaning Abdullah bin 'Umar - while he was leaving the Masjid." [He said:] "My companion and I were on either side of him." [He said:] I thought my companion was going to leave the speaking to me so I said: "O Abu Abdur-Rahman! There is a group of people who recite the Qur'an and seek knowledge, and they claim there is no Al-Qadar, and that the affair is left to chance.' He said: "Whenever you meet those people, then tell them that I am not of them and they are not of me. By the One Whom Abdullah swears by! If one of them were to spend gold the like of Uhud (mountain) in charity, it would not be accepted from him until he believes in Al-Qadar; the good of it and the bad of it.'" He said: "Then he began to narrate, he said: "'Umar bin Al-Khattab said: "We were with the Messenger of Allah when a man came with extremely white garments, and extremely black hair. He had no appearance of traveling visible on him, yet none of us recognized him. He came until he reached the Prophet (SAW). He put his knees up against his knees, and then said: "O Muhammad! What is Iman?' He said 'To believe in Allah, His Angels, His, Books, His Messengers, the Day of Judgement, and Al-Qadar, the good of it and the bad of it.' He said: 'Then what is Islam?' He said: 'Testifying to La Ilaha Illallah, and that Muhammad is His servant and Messenger, establishing the Salat, giving the Zakat, performing Hajj to the House, and fasting (the month of) Ramadan.' He said: 'Then what is Ihsan?' He said 'That (is) you worship Allah as if you see Him, and although you do not see Him, He certainly sees you.' He said: 'For all of those he replied to him: 'You have told the truth.'" He said: "So we were amazed at him, he would ask, and then tell him that he is telling the truth. He said: 'Then when is the Hour?' He (SAW) said: 'The one being asked knows no more than the questioner.' He said: 'Then what are its signs?' He said: 'That the slave woman gives birth to her master, and that the naked, poor, and bare-footed shepherds rival each other in the height of the buildings.'" 'Umar said: 'Then the Prophet (SAW) met me three days after that and said: 'O 'Umar! Do you know who the questioner was? It was Jibril. He came to teach you about the matters of your religion.'"

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

We visited 'Amr bin Al-'as (May Allah be pleased with him) when he was in his deathbed. He wept for a long time and turned his face towards the wall. His son said: "O father, did not the Messenger of Allah (PBUH) give you the good news of such and such? Did he not give you glad tidings of such and such?" Then he ('Amr) turned his face towards us and said: "The best thing which you can count upon is the affirmation that: La ilaha illallah (there is no true god except Allah), and that Muhammad is the Messenger of Allah. I have passed through three phases. I remember when I hated none more than I hated the Messenger of Allah (PBUH), and there was no other desire stronger in me than that of killing him. Had I died in that state, I would have definitely been one of the dwellers of Fire (Hell). When Allah instilled the love for Islam in my heart, I went to Messenger of Allah (PBUH) and said, 'Extend your right hand, so that I pledge allegiance to you.' He (PBUH) stretched out his right hand, but I withdrew my hand. He said, 'What is the matter, 'Amr?' I said, 'I wish to lay down same conditions.' He asked, 'What conditions do you wish to put forward?' I replied, 'To be granted forgiveness.' He said, 'Do you not know that (embracing) Islam wipes out all that has gone before it (previous misdeeds). Verily, emigration wipes out all the previous sins, and the Hajj (pilgrimage) wipes out all the previous sins.' Thereafter, no one was dearer to me than Messenger of Allah (PBUH), and none was more respectable than him in my eyes. So bright was his splendour that I could not gather enough courage to look at his face for any length of time. If I were asked to describe his feature, I would not be able to do so because I have never caught a full glimpse of his face. Had I died in that state I could have hoped to be one of the dwellers of Jannah. Thereafter, we were made responsible for many things and in the light of which I am unable to know what is in store for me. When I die, no mourner, nor fire should accompany my bier. When you bury me, throw the earth gently over me and stand over my grave for the space of time within which a camel is slaughtered and its meat is distributed so that I may enjoy your intimacy, and in your presence ascertain what answer can I give to the Messengers of my Rubb (the angels in grave)."

[Muslim].

Abu Bakr bought a saddle from ‘Azib for thirteen dirhams, then Abu Bakr said to 'Azib. Tell al-Bara to carry it to my house. He said: No, not until you tell us what happened when the Messenger of Allah (ﷺ) went out and you were with him. Abu Bakr said: We started our journey at the beginning of the night and we hastened for one day and one night, until it was midday. I looked into the distance to see whether there was anywhere to seek shade, and I saw a rock, so I went to it and it had a little shade. I smoothed the ground for the Messenger of Allah (ﷺ) and spread a garment of camel hair for him, and said: Lie down and rest, O Messenger of Allah. So he lay down, and I went out to see if I could spot anyone looking for us. Then I saw a shepherd and I said: Who do you belong to, O boy? He said: To a man of Quraish. He mentioned his name and I recognised it. I said: Is there any milk in your sheep? He said: Yes | said: Will you milk some for me? He said: Yes. I told him to do that, so he caught a sheep, then I told him to brush the dust from its teat, then to brush the dust off his hands. I had a small vessel with me on the neck of which was a cloth. He milked a little bit of milk for me and I poured it into the vessel until it cooled down. Then I came to the Messenger of Allah (ﷺ). When I reached him, he had already woken up. I said: Drink, O Messenger of Allah. He drank until I was pleased, then I said: Is it time to move on? So we moved on and the people were coming after us but none of them caught up with us except Suraqah bin Malik bin Ju'shum, who was riding a horse of his, I said: O Messenger of Allah, someone has caught up with us. He said: `Do not be afraid, for Allah is with us.` When he got close to us, and there was no more between us and him then the length of a spear or two or three spears, I said: O Messenger of Allah, this pursuer has caught up with us, and I wept. He said: `Why are you weeping?` I said: I am not weeping for myself; rather I am weeping for you. The Messenger of Allah (ﷺ) prayed against him [the pursuer] and said: “O Allah, protect us from him by whatever means You will.” Then his horse's legs sank into the solid ground up to its belly, and he fell off it. He said: O Muhammad, I know that this is because of you; pray to Allah to save me from my predicament, and by Allah I shall divert away from you any one who is behind me of those who are seeking you. Here is my quiver, take one arrow. You are going to pass by some camels and sheep of mine in such and such a place, take whatever you need from thern. The Messenger of Allah (ﷺ) said: `I have no need of it.“ The Messenger of Allah (ﷺ) prayed for him and he was released, and he went back to his companions. The Messenger of Allah (ﷺ) and I continued on our way until we came to Madinah, where the people met him. They came out on the road and on the roofs, and a lot of servants and children crowded the road saying: Allahu Akbar, the Messenger of Allah (ﷺ) has come, Muhammad has come. The people disputed as to who he would stay with. The Messenger of Allah (ﷺ) said: `Tonight I will stay with Banun-Najjar, the maternal uncles of 'Abdul-Muttalib, to honour them thereby.” The next morning, he went where he was instructed. Al-Bara' bin 'Azib said: The first of the Muhajireen to come to us was Mus'ab bin 'Umair, the brother of Banu 'Abdud-Dar. Then Ibn Umm Maktoom, the blind man and brother of Banu Fihr, came to us. Then 'Umar bin al-Khattab, came to us with twenty riders and we said: What happened to the Messenger of Allah (ﷺ)? He said: He is behind me. Then the Messenger of Allah (ﷺ) came and Abu Bakr was with him. Al-Bara said: the Messenger of Allah (ﷺ) did not come until I had read some soorahs from al-Mufassal [Al-Mufassal is that portion of the Qur'an which goes from Qaf to an-Nas]. Isra'eel said: al-Bara' was one of the Ansar from Banu Harithah.

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

the Messenger of Allah (saas) said: "Allah has ninety-nine names, one hundred less one, for He is One and loves the odd (numbered). Whoever learns them will enter Paradise. They are: Allah, Al-Wahid (the One), As-Samad (the Self-Sufficient Master who all creatures need, He neither eats nor drinks), Al-Awwal (the First), Al-Akhir (the Last), Az-Zahir (the Most High), Al-Batin (the Most Near), Al-Khaliq (the Creator), Al-Bari (the Inventor of all things), Al-Musawwir (the Bestower of forms), Al-Malik (the King), Al-Haqq (the Truth), As-Salam (the One free from all defects), Al-Mu'min (the Giver of security), Al-Muhaymin (the Watcher over His creatures), Al-'Aziz (the All-Mighty), Al-Jabbar (the Compeller), Al-Mutakabbir (the Supreme), Ar-Rahman (the Most Gracious), Ar-Rahim (the Most Merciful), Al-Latif (the Most Subtle and Courteous), Al-Khabir (the Aware), As-Sami' (the Hearing), Al-Basir (the Seeing), Al-'Alim (the All-Knowing), Al-'Azim (the Most Great), Al-Barr (the Source of goodness), Al-Muta'al (the Most Exalted), Al-Jalil (the Sublime One), Al-Jamil (the Beautiful), Al-Hayy (the Ever-Living), Al-Qayyum (the One Who sustains and protects all that exists), Al-Qadir (the Able), Al-Qahir (the Irrestible), Al-'Ali (the Exalted), Al-Hakim (the Most Wise), Al-Qarib (the Ever-Near), Al-Mujib (the Responsive), Al-Ghani (the Self-Sufficient), Al-Wahhab (the Bestower), Al-Wadud (the Loving), Ash-Shakur (the Appreciative), Al-Majid (the Most Gentle), Al-Wajid (the Patron), Al-Wali (the Governor), Al-Rashid (the Guide), Al-'Afuw (the Pardoner), Al-Ghafur (the Forgiver), Al-Halim (the Forbearing One), Al-Karim (the Most Generous), At-Tawwab (the Acceptor of Repentance), Ar-Rabb (the Lord and Cherisher), Al-Majid (the Most Glorious), Al-Wali (the Helper), Ash-Shahid (the Witness), Al-Mubin (the Manifest), Al-Burhan (the Proof), Ar-Ra'uf (the Compassionate), Ar-Rahim (the Most Merciful), Al-Mubdi' (the Originator), Al-Mu'id (the Restorer), Al-Ba'ith (the Resurrector), Al-Warith (the Supreme Inheritor), Al-Qawi (the All-Strong), Ash-Shadid (the Severe), Ad-Darr (the One Who harms), An-Nafi' (the One Who benefits), Al-Baqi' (the Everlasting), Al-Waqi (the Protector), Al-Khafid (the Humble), Ar-Rafi' (the Exalter), Al-Qabid (the Retainer), Al-Basit (the Expander), Al-Mu'izz (the Honorer), Al-Mudhill (the Humiliator), Al-Muqsit (the Equitable), Ar-Razzaq (the Providor), Dhul-Quwwah (the Powerful), Al-Matin (the Most Strong), Al-Qa'im (the Firm), Ad-Da'im (the Eternal), Al-Hafiz (the Guardian), Al-Wakil (the Trustee), Al-Fatir (the Originator of creation), As-Sami' (the Hearer), Al-Mu'ti (the Giver), Al-Muhyi (the Giver of life), Al-Mumit (the Giver of death), Al-Mani' (the Withholder), Al-Jami' (the Gatherer), Al-Hadi (the Guide), Al-Kafi (the Sufficient), Al-Abad (the Eternal), Al-'Alim (the Knower), As-Sadiq (the Truthful), An-Nur (the Light), Al-Munir (the Giver of light), At-Tamm (the Perfect), Al-Qadim (the Earlier), Al-Witr (the One), Al-Ahad (the Lone), As-Samad [(the Self-sufficient Master, Who all creatures need, (He neither eats no drinks)]. He begets not, nor was He begotten. And there is none co-equal or comparable unto him."(One of the narrators) Zuhair said: We heard from more than one of the scholars that the first of these (names) should begin after saying: La ilaha illallahu wahdahu la sharika lahu, lahul-mulku wa lahul-hamdu, bi yadihil-khair wa Huwa 'ala kulli shay-in Qadir, la ilaha illallahu lahul-asma'ul-husna [None has the right to be worshipped but Allah, with no partner or associate. His is the dominion and all praise is His. In His Hand is (all) goodness, and He is Able to do all things, none has the right to be worshipped but Allah, and His are the (Most) Beautiful Names].

Ja’far bin Muhammad reported on the authority of his father “We entered upon Jabir bin ‘Abd Allaah. When we reached him, he asked about the people (who had come to visit him). When my turn came I said “I am Muhammad bin Ali bin Hussain. He patted my head with his hand and undid my upper then lower buttons. He then placed his hand between my nipples and in those days I was a young boy.” He then said “welcome to you my nephew, ask what you like. I questioned him he was blind. The time of prayer came and he stood wrapped in a mantle. Whenever he placed it on his shoulders its ends fell due to its shortness. He led us in prayer while his mantle was placed on a rack by his side. I said “tell me about the Hajj of the Apostle of Allaah(saws).”He signed with his hand and folded his fingers indicating nine. He then said Apostle of Allaah(saws) remained nine years (at Madeenah ) during which he did not perform Hajj, then made a public announcement in the tenth year to the effect that the Apostle of Allaah(saws) was about to (go to) perform Hajj. A large number of people came to Madeenah everyone desiring to follow him and act like him. The Apostle of Allaah(saws) went out and we too went out with him till we reached Dhu Al Hulaifah. Asma’ daughter of ‘Umais gave birth to Muhammad bin Abi Bakr. She sent message to Apostle of Allaah(saws) asking him What should I do?He replied “take a bath, bandage your private parts with a cloth and put on ihram.” The Apostle of Allaah(saws) then prayed (in the masjid) and mounted Al Qaswa’ and his she Camel stood erect with him on its back. Jabir said “I saw (a large number of) people on mounts and on foot in front of him and a similar number on his right side and a similar number on his left side and a similar number behind him. The Apostle of Allaah(saws) was among us, the Qur’an was being revealed to him and he knew its interpretation. Whatever he did, we did it. The Apostle of Allaah(saws) then raised his voice declaring Allaah’s unity and saying “Labbaik ( I am at thy service), O Allaah, labbaik, labbaik, Thou hast no partner praise and grace are Thine and the Dominion. Thou hast no partner. The people too raised their voices in talbiyah which they used to utter. But the Apostle of Allaah(saws) did not forbid them anything. The Apostle of Allaah(saws) continued his talbiyah. Jabir said “We did not express our intention of performing anything but Hajj, being unaware of ‘Umrah (at that season), but when we came with him to the House (the Ka’bah), he touched the corner (and made seven circuits) walking quickly with pride in three of them and walking ordinarily in four. Then going forward to the station of Abraham he recited “And take the station of Abraham as a place of prayer.” (While praying two rak’ahs) he kept the station between him and the House. The narrator said My father said that Ibn Nufail and ‘Uthman said I do not know that he (Jabir) narrated it from anyone except the Prophet (saws). The narrator Sulaiman said I do not know but he (Jabir) said “The Apostle of Allaah(saws) used to recite in the two rak’ahs “Say, He is Allaah, one” and “Say O infidels”. He then returned to the House (the ka’bah) and touched the corner after which he went out by the gate to Al Safa’. When he reached near Al Safa’ he recited “Al Safa’ and Al Marwah are among the indications of Allaah” and he added “We begin with what Allaah began with”. He then began with Al Safa’ and mounting it till he could see the House (the Ka’bah) he declared the greatness of Allaah and proclaimed his Unity. He then said “there is no god but Allaah alone, Who alone has fulfilled His promise, helped His servant and routed the confederates. He then made supplication in the course of that saying such words three times. He then descended and walked towards Al Marwah and when his feet came down into the bottom of the valley, he ran, and when he began to ascend he walked till he reached Al Marwah. He did at al Marwah as he had done at Al Safa’ and when he came to Al Marwah for the last time, he said “If I had known before what I have come to know afterwards regarding this matter of mine, I would not have brought sacrificial animals but made it an ‘Umrah, so if any of you has no sacrificial animals, he may take off ihram and treat it as an ‘Umrah. All the people then took off ihram and clipped their hair except the Prophet (saws) and those who had brought sacrificial animals. Suraqah (bin Malik) bin Ju’sham then got up and asked Apostle of Allaah(saws)does this apply to the present year or does it apply for ever? The Apostle of Allaah(saws) interwined his fingers and said “The ‘Umarh has been incorporated in Hajj. Adding ‘No’, but forever and ever. ‘Ali came from Yemen with the sacrificial animals of the Apostle of Allaah(saws) and found Fathima among one of those who had taken off their ihram. She said put on colored clothes and stained her eyes with collyrium. ‘Ali disliked (this action of her) and asked Who commanded you for this? She said “My father”. Jabir said ‘Ali said at Iraq I went to Apostle of Allaah(saws) to complain against Fathima for what she had done and to ask the opinion of Apostle of Allaah(saws) about which she mentioned to me. I informed him that I disliked her action and that thereupon she said to me “My father commanded me to do this.” He said “She spoke the truth, she spoke the truth.” What did you say when you put on ihram for Hajj? I said O Allaah, I put on ihram for the same purpose for which Apostle of Allaah(saws) has put it on. He said I have sacrificial animals with me, so do not take off ihram. He (Jabir) said “The total of those sacrificial animals brought by ‘Ali from Yemen and of those brought by the Prophet (saws) from Madeenah was one hundred.” Then all the people except the Prophet (saws) and those who had with them the sacrificial animals took off ihram and clipped their hair. When the 8th of Dhu Al Hijjah (Yaum Al Tarwiyah) came, they went towards Mina having pit on ihram for Hajj and the Apostle of Allaah(saws) rode and prayed at Mina the noon, afternoon, sunset, night and dawn prayers. After that he waited a little till the sun rose and gave orders for a tent of hair to be set up at Namrah. The Apostle of Allaah(saws) then sent out and the Quraish did not doubt that he would halt at Al Mash ‘ar Al Haram at Al Muzdalifah, as the Quraish used to do in the pre Islamic period but he passed on till he came to ‘Arafah and found that the tent had been setup at Namrah. There he dismounted and when the sun had passed the meridian he ordered Al Qaswa’ to be brought and when it was saddled for him, he went down to the bottom of the valley and addressed the people saying “Your lives and your property must be respected by one another like the sacredness of this day of yours in the month of yours in this town of yours. Lo! Everything pertaining to the pre Islamic period has been put under my feet and claims for blood vengeance belonging to the pre Islamic period have been abolished. The first of those murdered among us whose blood vengeance I permit is the blood vengeance of ours (according to the version of the narrator ‘Uthman, the blood vengeance of the son of Rabi’ah and according to the version of the narrator Sulaiman the blood vengeance of the son of Rabi’ah bin Al Harith bin ‘Abd Al Muttalib). Some (scholars) said “he was suckled among Banu Sa’d(i.e., he was brought up among Bani Sa’d) and then killed by Hudhail. The usury of the pre Islamic period is abolished and the first of usury I abolish is our usury, the usury of ‘Abbas bin ‘Abd Al Muttalib for it is all abolished. Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner. I have left among you something by which if you hold to it you will never again go astray, that is Allaah’s Book. You will be asked about me, so what will you say? They replied “We testify that you have conveyed and fulfilled the message and given counsel. Then raising his forefinger towards the sky and pointing it at the people, he said “O Allaah! Be witness, O Allaah! Be witness, O Allaah! Be witness! Bilal then uttered the call to prayer and the iqamah and he prayed the noon prayer, he then uttered the iqamah and he prayed the afternoon prayer, engaging in no prayer between the two. He then mounted (his she Camel) al Qaswa’ and came to the place of standing , making his she Camel Al Qaswa‘ turn its back to the rocks and having the path taken by those who went on foot in front of him and he faced the qiblah. He remained standing till sunset when the yellow light had somewhat gone and the disc of the sun had disappeared. He took Usamah up behind him and picked the reins of Al Qaswa’ severely so much so that its head was touching the front part of the saddle. Pointing with is right hand he was saying “Calmness, O People! Calmness, O people. Whenever he came over a mound (of sand) he let loose its reins a little so that it could ascend. He then came to Al Muzdalifah where he combined the sunset and night prayers, with one adhan and two iqamahs. The narrator ‘Uthamn said He did not offer supererogatory prayers between them. The narrators are then agreed upon the version He then lay down till dawn and prayed the dawn prayer when the morning light was clear. The narrator Sulaiman said with one adhan and one iqamah. The narrators are then agreed upon the version He then mounted Al Qaswa’ and came to Al Mash’ar Al Haram and ascended it. The narrators ‘Uthaman and Sulaiman said He faced the qiblah praised Allaah, declared His greatness, His uniqueness. ‘Uthamn added in his version and His Unity and kept standing till the day was very clear. The Apostle of Allaah(saws) then went quickly before the sun rose , taking Al Fadl bin ‘Abbas behind him. He was a man having beautiful hair, white and handsome color. When the Apostle of Allaah(saws) went quickly, the women in the howdas also began to pass him quickly. Al Fadl began to look at them. The Apostle of Allaah(saws) placed his hand on the face of Al Fadl , but Al fadl turned his face towards the other side. The Apostle of Allaah(saws) also turned away his hand to the other side. Al Fadl also turned his face to the other side looking at them till he came to (the Valley of) Muhassir. He urged the Camel a little and following a middle road which comes out at the greatest jamrah, he came to the jamrah which is beside the tree and he threw seven small pebbles at this (jamrah) saying “Allah is most great” each time he threw a pebble like bean seeds. He threw them from the bottom of the valley. The Apostle of Allaah(saws) then went to the place of the sacrifice and sacrificed sixty three Camels with his own hand. He then commanded ‘Ali who sacrificed the remainder and he shared him and his sacrificial animals. After that he ordered that a piece of flesh from each Camel should be put in a pot and when it was cooked the two of them ate some of it and drank some of its broth. The narrator Sulaiman said the he mounted afterwards the Apostle of Allaah(saws) went quickly to the House (the Ka’bah) and prayed the noon prayer at Makkah. He came to Banu ‘Abd Al Muttalib who were supplying water at Zamzam and said draw water Banu ‘Abd Al Muttalib were it not that people would take from you the right to draw water, I would draw it along with you. So they handed him a bucket and he drank from it.

I heard Ka'b bin Malik (May Allah be pleased with him) narrating the story of his remaining behind instead of joining Messenger of Allah (PBUH) when he left for the battle of Tabuk. Ka'b said: "I accompanied Messenger of Allah (PBUH) in every expedition which he undertook excepting the battle of Tabuk and the battle of Badr. As for the battle of Badr, nobody was blamed for remaining behind as Messenger of Allah (PBUH) and the Muslims, when they set out, had in mind only to intercept the caravan of the Quraish. Allah made them confront their enemies unexpectedly. I had the honour of being with Messenger of Allah (PBUH) on the night of 'Aqabah when we pledged our allegiance to Islam and it was dearer to me than participating in the battle of Badr, although Badr was more well-known among the people than that. And this is the account of my staying behind from the battle of Tabuk. I never had better means and more favourable circumstances than at the time of this expedition. And by Allah, I had never before possessed two riding-camels as I did during the time of this expedition. Whenever Messenger of Allah (PBUH) decided to go on a campaign, he would not disclose his real destination till the last moment (of departure). But on this expedition, he set out in extremely hot weather; the journey was long and the terrain was waterless desert; and he had to face a strong army, so he informed the Muslims about the actual position so that they should make full preparation for the campaign. And the Muslims who accompanied Messenger of Allah (PBUH) at that time were in large number but no proper record of them was maintained." Ka'b (further) said: "Few were the persons who chose to remain absent believing that they could easily hide themselves (and thus remain undetected) unless Revelation from Allah, the Exalted, and Glorious (revealed relating to them). And Messenger of Allah (PBUH) set out on this expedition when the fruit were ripe and their shade was sought. I had a weakness for them and it was during this season that Messenger of Allah (PBUH) and the Muslims made preparations. I also would set out in the morning to make preparations along with them but would come back having done nothing and said to myself: 'I have means enough (to make preparations) as soon as I like'. And I went on doing this (postponing my preparations) till the time of departure came and it was in the morning that Messenger of Allah (PBUH) set out along with the Muslims, but I had made no preparations. I would go early in the morning and come back, but with no decision. I went on doing so until they (the Muslims) hastened and covered a good deal of distance. Then I wished to march on and join them. Would that I had done that! But perhaps it was not destined for me. After the departure of Messenger of Allah (PBUH) whenever I went out, I was grieved to find no good example to follow but confirmed hypocrites or weak people whom Allah had exempted (from marching forth for Jihad). Messenger of Allah (PBUH) made no mention of me until he reached Tabuk. While he was sitting with the people in Tabuk, he said, 'What happened to Ka'b bin Malik?' A person from Banu Salimah said: "O Messenger of Allah, the (beauty) of his cloak and an appreciation of his finery have detained him.' Upon this Mu'adh bin Jabal (MatAllah be pleased with him) admonished him and said to Messenger of Allah (PBUH): "By Allah, we know nothing about him but good.' Messenger of Allah (PBUH), however, kept quiet. At that time he (the Prophet (PBUH)) saw a person dressed in white and said, 'Be Abu Khaithamah.' And was Abu Khaithamah Al- Ansari was the person who had contributed a Sa' of dates and was ridiculed by the hypocrites." Ka'b bin Malik further said: "When the news reached me that Messenger of Allah (PBUH) was on his way back from Tabuk, I was greatly distressed. I thought of fabricating an excuse and asked myself how I would save myself from his anger the next day. In this connection, I sought the counsels of every prudent member of my family. When I was told that Messenger of Allah (PBUH) was about to arrive, all the wicked ideas vanished (from my mind) and I came to the conclusion that nothing but the truth could save me. So I decided to tell him the truth. It was in the morning that Messenger of Allah (PBUH) arrived in Al-Madinah. It was his habit that whenever he came back from a journey, he would first go to the mosque and perform two Rak'ah (of optional prayer) and would then sit with the people. When he sat, those who had remained behind him began to put forward their excuses and take an oath before him. They were more than eighty in number. Messenger of Allah (PBUH) accepted their excuses on the very face of them and accepted their allegiance and sought forgiveness for them and left their insights to Allah, until I appeared before him. I greeted him and he smiled and there was a tinge of anger in that. He then said to me, 'Come forward'. I went forward and I sat in front of him. He said to me, 'What kept you back? Could you not afford to go in for a ride?' I said, 'O Messenger of Allah, by Allah, if I were to sit before anybody else, a man of the world, I would have definitely saved myself from his anger on one pretext or the other and I have a gifted skill in argumentation, but, by Allah, I am fully aware that if I were to put forward before you a lame excuse to please you, Allah would definitely provoke your wrath upon me. In case, I speak the truth, you may be angry with me, but I hope that Allah would be pleased with me (and accept my repentance). By Allah, there is no valid excuse for me. By Allah, I never possessed so good means, and I never had such favourable conditions for me as I had when I stayed behind.' Thereupon, Messenger of Allah (PBUH) said, 'This man spoke the truth, so get up (and wait) until Allah gives a decision about you.' I left and some people of Banu Salimah followed me. They said to me, 'By Allah, we do not know that you committed a sin before. You, however, showed inability to put forward an excuse before Messenger of Allah (PBUH) like those who stayed behind him. It would have been enough for the forgiveness of your sin that Messenger of Allah (PBUH) would have sought forgiveness for you.' By Allah, they kept on reproaching me until I thought of going back to Messenger of Allah (PBUH) and retract my confession. Then I said to them, 'Has anyone else met the same fate?' They said, 'Yes, two persons have met the same fate. They made the same statement as you did and the same verdict was delivered in their case.' I asked, 'Who are they?' They said, 'Murarah bin Ar-Rabi' Al-'Amri and Hilal bin Umaiyyah Al- Waqifi.' They mentioned these two pious men who had taken part in the battle of Badr and there was an example for me in them. I was confirmed in my original resolve. Messenger of Allah (PBUH) prohibited the Muslims to talk to the three of us from amongst those who had stayed behind. The people began to avoid us and their attitude towards us changed and it seemed as if the whole atmosphere had turned against us, and it was in fact the same atmosphere of which I was fully aware and in which I had lived (for a fairly long time). We spent fifty nights in this very state and my two friends confined themselves within their houses and spent (most of their) time weeping. As I was the youngest and the strongest, I would leave my house, attend the congregational Salat, move about in the bazaars, but none would speak to me. I would come to Messenger of Allah (PBUH) as he sat amongst (people) after the Salat, greet him and would ask myself whether or not his lips moved in response to my greetings. Then I would perform Salat near him and look at him stealthily. When I finish my Salat, he would look at me and when I would cast a glance at him he would turn away his eyes from me. When the harsh treatment of the Muslims to me continued for a (considerable) length of time, I walked and I climbed upon the wall of the garden of Abu Qatadah, who was my cousin, and I had a great love for him. I greeted him but, by Allah, he did not answer to my greeting. I said to him, 'O Abu Qatadah, I adjure you in the Name of Allah, are you not aware that I love Allah and His Messenger (PBUH)?' I asked him the same question again but he remained silent. I again adjured him, whereupon he said, 'Allah and His Messenger (PBUH) know better.' My eyes were filled with tears, and I came back climbing down the wall.

As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:

'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).

Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:

They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)

Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".

[Al- Bukhari and Muslim]

Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".

a half or a third or a quarter or whatever."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

God’s messenger remained in Medina nine years, during which he had not performed the hajj, then made a public announcement in the tenth year to the effect that God’s messenger was about to perform the hajj. Large numbers came to Medina, and we went out with him. When we reached Dhul Hulaifa, Asma’ daughter of ‘Umais, gave birth to Muhammad b. Abu Bakr and sent to God’s messenger asking what she was to do. He replied, “Bathe, bandage your private parts with a cloth, and put on the ihram.” God’s messenger then prayed in the mosque, and after he had mounted al-Qaswa' and his she-camel stood erect with him on its back at al-Baida’, he raised his voice declaring God’s unity and saying, “Labbaik, O God, labbaik labbaik; Thou hast no partner; labbaik; praise and grace are Thine and the dominion; Thou hast no partner.” Jabir said : We did not express our intention of performing anything but the hajj, being unaware of the ‘umra [at that season], but when we came with him to the House he touched the corner and made seven circuits, running three of them and walking four. Then going forward to the station of Abraham, he recited, “And take the station of Abraham as a place of prayer.” (Qur’an 2:125)He then prayed two 'rak'as, having the station between him and the House. A version says that he recited in the two rak'as,. “Say, He is God, One,” and, “Say, O infidels.” (Qur’an 112, and 109) He then returned to the corner and touched it, after which he went out by the gate to as-Safa, on coming near to which he recited. “As-Safa and al-Marwa are among the signs appointed by God,” (Qur’an 2:158) adding, “I begin with what God began with.” So he went first to as-Safa, and mounting it till he could see the House, he faced the qibla, declared God's unity, proclaimed His greatness, and said, “There is no god but God alone who has no partner; to Him belongs the dominion, to Him praise is due, and He is omnipotent; there is no god but God alone who alone has fulfilled His promise, helped His servant and routed the confederates." He then made supplication in the course of that, saying such words three times. He next descended and walked towards al-Marwa, and when his feet came down into the bottom of the valley he ran, and when he began to ascend he walked till he reached al-Marwa. There he did as he had done at as-Safa, and when he came to al-Marwa for the last time, he called out, he being on al-Marwa and the people below him, saying, “If I had known before what I have come to know afterwards regarding my religion, I would not have brought sacrificial animals but made it an 'umra ; so if any of you has no sacrificial animals he,may take off the ihram and treat it as an ‘umra. Suraqa b. Malik b.Jush'um then got up and asked, “Messenger of God, does this apply to the present year, or does it apply for ever?" God’s messenger intertwined his fingers and said twice, “The ‘umra has become incorporated in the hajj," adding “No, but for ever and ever." ‘Ali came from the Yemen with the Prophet’s sacrificial animals and he asked him what he had said when he undertook the duty of performing the hajj. He replied that he had said, “0 God, I am putting on the ihram for the same purpose as Thy messenger has put it on." He said, “I have with me the sacrificial animals, so do not put off the ihram.” [Jabir] said: The total of those sacrificial animals brought by ‘Ali from the Yemen and of those brought by the Prophet was a hundred. Then all the people, except the Prophet and those who had with them sacrificial animals, removed the ihram and clipped their hair. When yaum at-tarwiya (The 8th of Dhul Hijja, the day when pilgrims leave Mecca and go to Mina. The name is commonly explained as meaning that this was the day when the pilgrims provided themselves with a supply of water for the arid journey before them) came they went towards Mina having put on the ihram for the hajj, and the Prophet rode and prayed there the noon, afternoon, sunset, evening and dawn prayers. After that he waited a little till the sun rose, and gave orders for a tent of hair to be set up for him at Namira (A place or a hill near ‘Arafa). God’s messenger then set out, and Quraish did not doubt that he would observe a halt at the sacred site (At al-Muzdalifa, al-Mash'ar al-haram, a hill sacred to the god Ouzah in pre-lslamic times), as Quraish used to do in the pre-Islamic period ; but he passed on till he came to ‘Arafa and found that the tent had been set up for him at Namira. There he dismounted, and when the sun had passed the meridian he ordered al- Qaswa’ to be brought, and when it was saddled for him he went down into the valley and addressed the people, saying, “Your lives and your property must be respected by one another like the sacredness of this day of yours in this month of yours in this town of yours. Everything pertaining to the pre-Islamic period has been put under my feet, and claims for blood-vengeance belonging to the pre-lslamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is the son of Rabi'a b. al-Harith (Rabi’a was a grandson of 'Abd al-Muttalib. The name of the child who had been killed is variously given as Adam, Tammam and Iyas. Ibn ‘Abd al-Barr says Adam is a mistake, but does not commit himself to either of the other two names) who was suckled among the B. Sa'd and killed by Hudhail. The usury of the pre-Islamic period is abolished, and the first of our usury I abolish is that of ‘Abbas b. ‘Abd al-Muttalib, for it is all abolished. Show fear towards God regarding women, for you have got them under God’s security, and have the right to intercourse with them by God's word. They must not bring into your houses anyone whom you dislike, but if they do that beat them, though not severely. You are responsible for providing them with their food and clothing in a fitting manner. I have left among you something, i.e. God’s Book, by which, if you hold to it, you will never again go astray. You will be asked about me, so what will you say?" They replied, “We testify that you have conveyed and fulfilled the message and given counsel. ” Then raising his forefinger towards the sky and pointing it at the people, he said, “O God, be witness ; O God, be witness,” saying it three times. Bilal then uttered the call to prayer, and the iqama, and he prayed the noon prayer; he then uttered the iqama and he prayed the afternoon prayer, engaging in no prayer between the two. He then mounted his camel and came to the place of standing, making his she-camel al-Qaswa’ turn its back to the rocks and having the path taken by those who went on foot (The Arabic is Habl al-mushat, which is variously explained as above, or as ‘the concourse of horse on foot', or as the name of a place.) in front of him. He faced the qibla and remained standing till sunset when the yellow light had somewhat gone and the disc of the sun had disappeared. He took Usama up behind him and went quickly till he came to al-Muzdalifa, where he prayed the sunset and the evening prayer with one adhan and two iqamas without saying ‘Glory be to God' between them. He then lay down till dawn and prayed the dawn prayer with an adhan and an iqama when the morning light was clear. He then mounted al-Qaswa’ and when he came to the sacred site he faced the qibla, supplicated God, declared His greatness, His uniqueness and His unity, and kept standing till the daylight was very clear. He then went quickly before the sun rose, taking al-Fadl b. ‘Abbas behind him, and came to the valley of Muhassir (Between al-Muzdalifa and Mini). He urged the camel a little and following the middle road which comes out at the greatest jamra (Jamra, originally a pebble, is applied to a heap of stones, of which there are three in the valley of Mina. One of the rites of the hajj is to throw small stones at them), he came to the jamra which is beside the tree. At this he threw seven small pebbles (Literally, 'pebbles that are thrown’: used to indicate small pebbles about the size of a date-stone), saying “God is most great” each time he threw a pebble. He threw them from the bottom of the valley, then went to the place of sacrifice and sacrificed sixty-three victims with his own hand. Then he gave some to ‘Ali who sacrificed the remainder, and he shared with him in his sacrificial animals. After that he ordered that a piece of flesh from each victim should be put in a pot, and when it was cooked the two of them ate some of it and drank some of its broth. Then God’s messenger mounted, and going quickly to the House, prayed the noon prayer in Mecca. He came to the B. ‘Abd al-Muttalib who were supplying water at Zamzam and said, “Draw water, B. ‘Abd al-Muttalib. Were it not that people would take from you the right to draw water, I would draw it along with you.” So they handed him a bucket and he drank from it. Muslim transmitted it.

“Allah’s Messenger (Allah bless him and give him peace) lost consciousness in his illness, then he regained consciousness and said: ‘Has the ritual prayer arrived?’ They said: ‘Yes,’ so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer.’ Then he lost consciousness, and when he recovered, he said: ‘Has the ritual prayer arrived?’ They said: ‘Yes,’ so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer.’ 'A'isha then said: ‘My father is a melancholy man. If he is given that responsibility, he will weep and lose command of himself. SO if only you would appoint someone else!' He [Salim] said: “Then he lost consciousness and recovered, so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer, for you are the female companions of Yusuf!’ Bilal was therefore commanded, so he gave the call to prayer, and Abu Bakr was commanded, so he led the people in prayer. Then Allah’s Messenger (Allah bless him and give him peace) felt light in the head, so he said: ‘Find me someone I can lean on!’ Barira and another man therefore came to him, so he leaned on them. When Abu Bakr saw him, the man was about to withdraw, but he signaled for him to stay in his place until Abu Bakr completed his ritual prayer. Then Allah’s Messenger died (Allah bless him and give him peace), so 'Umar said: ‘If I hear anyone mention that Allah’s Messenger (Allah bless him and give him peace) has died, I will strike him with this sword of mine!”’ He [Salim] said: “The people were unlettered folk among whom there had never come a prophet before, so they held their tongues. But then they said: ‘O Salim, go to the Companion of Allah’s Messenger (Allah bless him and give him peace) and summon him.’ So I went to see Abu Bakr, in the mosque. I came to him weeping and perplexed, so when he saw me, he said: ‘Has Allah’s Messenger died (Allah bless him and give him peace)?’ I replied: 'Umar says: “If anyone mentions that Allah’s Messenger (Allah bless him and give him peace) has died, I will strike him with this sword of mine!” He then said to me: ‘Go outside,’ so I went outside with him. Then he came and found the people in the presence of Allah’s Messenger (Allah bless him and give him peace). “He therefore said: ‘O people, get out of my way,’ so they got out of his way. Then he leaned over him and touched him, saying: “You will surely die, and they will surely die." [inna-ka mayyitun wa inna-hum mayyitun].” (Al-Qur'an.39:3O). Then they said: ‘O Companion of Allah’s Messenger (Allah bless him and give him peace), should the funeral prayer be performed for Allah’s Messenger?’ When he said: ‘Yes,’ they asked: And how?’ He said: A group will enter, proclaim the Supreme Greatness of Allah, perform the ritual prayer and offer supplication. Then they will go out, so that other people may enter.’ They said: ‘O Companion of Allah’s Messenger (Allah bless him and give him peace), should Allah’s Messenger (Allah bless him and give him peace) be buried?’ When he said: ‘Yes,’ they asked: ‘Where?’ He said: ‘In the place in which Allah took his spirit, for Allah would not take his spirit in a place that was not good,’ and they knew that he had spoken the truth.’ Then he gave instructions for the sons of his father to bathe him, and the Emigrants [al-Muhajirun] assembled, consulting with one another. They said: ‘Take us to our brethren among the Helpers [al-Ansar], so that we may include them with us in this business.' The Helpers then said: ‘There should be a commander among us and a commander among you,’ so 'Umar ibn al-Khattab said: ‘Who has the like of these three [excellent merits of Abu Bakr]? [In the words of the Qur’an]: “The second of the two; when the two of them were in the cave, when he said to his companion: ‘Do not grieve. Allah is with us [thaniya’thnaini idh huma fi’l-ghari idh yaqulu li-sahibi-hi la tahzan inna’llaha ma'a-na].’” (Al-Qur'an.9:4O). Who are the two of them?’ Then he extended his hand, so they pledged allegiance to him, and the people paid him a beautiful homage.”