Fatima complained of what she suffered from the hand mill and from grinding, when she got the news that some slave girls of the booty had been brought to Allah's Apostle. She went to him to ask for a maid-servant, but she could not find him, and told `Aisha of her need. When the Prophet came, Aisha informed him of that. The Prophet came to our house when we had gone to our beds. (On seeing the Prophet) we were going to get up, but he said, 'Keep at your places,' I felt the coolness of the Prophet's feet on my chest. Then he said, "Shall I tell you a thing which is better than what you asked me for? When you go to your beds, say: 'Allahu Akbar (i.e. Allah is Greater)' for 34 times, and 'Al hamdu Li llah (i.e. all the praises are for Allah)' for 33 times, and Subhan Allah (i.e. Glorified be Allah) for 33 times. This is better for you than what you have requested."

The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.

Abu Musa said, "I was with the Prophet when he was encamping at Al-Jarana (a place) between Mecca and Medina and Bilal was with him. A bedouin came to the Prophet and said, "Won't you fulfill what you have promised me?" The Prophet said, 'Rejoice (at what I will do for you).' The bedouin said, "(You have said to me) rejoice too often." Then the Prophet turned to me (i.e. Abu Musa) and Bilal in an angry mood and said, 'The bedouin has refused the good tidings, so you both accept them.' Bilal and I said, 'We accept them.' Then the Prophet asked for a drinking bowl containing water and washed his hands and face in it, and then took a mouthful of water and threw it therein saying (to us), "Drink (some of) it and pour (some) over your faces and chests and be happy at the good tidings." So they both took the drinking bowl and did as instructed. Um Salama called from behind a screen, "Keep something (of the water for your mother." So they left some of it for her.

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.

The Messenger of Allah (saws) used to sit with us in meetings and talk to us. When he stood up we also used to stand up and see him entering the house of one of his wives. One day he talked to us and we stood up as he stood up and we saw that an Arabi (a nomadic Arab) caught hold of him and gave his cloak a violent tug making his neck red.

AbuHurayrah said: The cloak was coarse. He turned to him and the Arabi said to him: Load these two camels of mine, for you do not give me anything from your property or from your father's property.

The Prophet (saws) said to him: No, I ask Allah's forgiveness; no, I ask Allah's forgiveness; no, I ask Allah's forgiveness. I shall not give you the camel-load until you make amends for the way in which you tugged at me.

Each time the Arabi said to him: I swear by Allah, I shall not do so.

He then mentioned the rest of the tradition. He (the Prophet), then called a man and said to him: Load these two camels of his: one camel with barley and the other with dates. He then turned to us and said: Go on your way with the blessing of Allah.

Anas said When the verse “You will never attain righteousness until you give freely of what you love" came down, Abu Talhah said Messenger of Allah (saws), I think our Lord asks us for our property. I call you as witness that I dedicate my land at Ariha ‘to Him’. The Messenger of Allah (saws) said to him Divide it among your nearest relatives. So he divided it among Hassan bin Thabit and Ubayy bin Ka’b.

Abu Dawud said I have been gold by an Ansari Muhammad bin ‘Abdallah that the name of Abu Talhah is Zaid bin Sahal bin al-Aswad bin Haram bin ‘Amar bin Zaid bin Manat bin ‘Adi bin ‘Amr bin Malik bin al-Najjar; and Hassan bin Tabit is son of al-Mundhir in al-Haram. Thus both of them (Abu Talhah and Hassan) have their common link in Haram who is the third great grandfather. Ubbay bin Ka’b is son of Qais bin ‘Atik bin Zaid bin Mu’awiyah bin ‘Amr bin Malik bin al-Najjar. Thus the common tie between Hassan, Abu Talhah and Ubbay is ‘Amr (bin Malik). The Ansari said between Ubbay and Abi Talhah there are six great grandfathers.

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."

Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."

Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."

Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "

32.4 Conditions Permitted in Qirad

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

Yahya related to me from Malik from Yahya ibn Muhammad ibn Talhafrom Uthman ibn Abd ar-Rahman that his father related to him that he had heard that Umar ibn al-Khattab used to wash what was beneath his waist wrapper with water.

Yahya said that Malik was asked what a man should do if, when he did wudu, he forgot and washed his face before he had rinsed his mouth, or washed his forearms before he had washed his face. He said, "If someone washes his face before rinsing his mouth, he should rinse his mouth and not wash his face again. If someone washes his forearms before his face, however, he should wash his forearms again so that he has washed them after his face. This is if he is still near the place (of wudu)."

Yahya said that Malik was asked about what a man should do if he had forgotten to rinse his mouth and nose until he had prayed, and he said, "He does not have to repeat the prayer, but should rinse his mouth and nose if he wishes to do any more prayers after that."

Yahya related to me from Malik from Abu Hazim ibn Dinar that Abu Idris al-Khawlani said, "I entered the Damascus mosque and there was a young man with a beautiful mouth and white teeth sitting with some people. When they disagreed about something, they referred it to him and proceeded from his statement. I inquired about him, and it was said, 'This is Muadh ibn Jabal.' The next day I went to the noon-prayer, and I found that he had preceded me to the noon prayer and I found him praying."

Abu Idris continued, "I waited for him until he had finished the prayer. Then I came to him from in front of him and greeted him and said, 'By Allah! I love you for Allah!' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' "

He continued, "He took me by the upper part of my cloak and pulled me to him and said, 'Rejoice! I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Allah, the Blessed and Exalted, said, 'My love is obliged for those who love each other in Me, and those who sit with each other in Me, and those who visit each other in Me, and those who give to each other generously in Me.' " ' "

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that Abd ar-Rahman ibn Abd al-Qari said that he had heard Umar ibn al-Khattab say, "I heard Hisham ibn Hakim ibn Hizam reciting Surat al-Furqan (Sura 25) differently from me, and it was the Messenger of Allah, may Allah bless him and grant him peace, who had recited it to me. I was about to rush up to him but I granted him a respite until he had finished his prayer. Then I grabbed him by his cloak and took him to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, I heard this man reciting Surat al- Furqan differently from the way you recited it to me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Let him go.' Then he said, 'Recite, Hisham,' and Hisham recited as I had heard him recite. The Messenger of Allah, may Allah bless him and grant him peace, said, 'It was sent down like that.' Then he said to me, 'Recite' and I recited the sura, and he said, 'It was sent down like that. This Qur'an was sent down in seven (different) ways, so recite from it whatever is easy for you .' "

Yahya related to me from Malik from Zayd ibn Aslam from his father that the Messenger of Allah, may Allah bless him and grant him peace, was on one of his journeys, and one night Umar ibn al-Khattab, who was travelling with him, asked him about something, but he did not answer him. He asked him again, but he did not answer him. Then he asked him again, and again he did not answer him. Umar said, "May your mother be bereaved of you, Umar. Three times you have importuned the Messenger of Allah, may Allah bless him and grant him peace, with a question and he has not answered you at all."

Umar continued, "I got my camel moving until, when I was in front of the people, I feared that a piece of Qur'an was being sent down about me. It was not long before I heard a crier calling for me, and I said that I feared that a piece of Qur'an had been sent down about me." He continued, "I came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Peace be upon you' to him, and he said, 'A sura has been sent down to me this night that is more beloved to me than anything on which the sun rises.' Then he recited al-Fath (Sura 48).

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that al-Miqdad ibn al-Aswad once went to see AIi ibn Abi Talibat as-Suqya, where he was feeding some young camels of his with a mash of meal and leaves, and he said to him, "This man Uthman ibn Affan is telling people that they cannot do hajj and umra together."

Al-Miqdad said, "Ali ibn Abi Talib went off with bits of meal and leaves on his forearms - and I shall never forget the sight of the meal and the leaves on his arms - and went to see Uthman ibn Affan and asked him, 'Are you saying then that people cannot do hajj and umra together?' Uthman replied, 'That is my opinion.' Whereupon AIi got angry and went out saying, 'I am at your service, O Allah, I am at your service for a hajj and an umra together.' "

Malik said, "Our position (here in Madina) is that someone who does hajj and umra together should not remove any of his hair, nor should he come out of ihram in any way until he has sacrificed an animal, if he has one. He should come out of ihram at Mina, on the day of the sacrifice."

Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.

Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."

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

"The Messenger of Allah (saws) said to me: 'If you want to stick with me, then suffice yourself in the world with the provisions of the rider. And beware of gatherings of the rich, and do not consider a garment to be worn out until it has been patched.'"

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except as a narration of Salih bin Hassan. He said: I heard Muhammad bin Isma'il saying: "Salih bin Hassan is Munkar is Hadith." And Salih bin Hassan - the one who Ibn Abi Dhi'b reports from - is trustworthy.

[Abu 'Eisa said:] The meaning of this saying: "And beware of gathering of the rich" is similar to what was related from Abu Hurairah from the Prophet (saws), that he said: "Whoever sees one that has been more favored than him in appearance and provision, then let him look at the one who is less than him, rather than one who is favored more than him. For indeed it is more appropriate so that he not scorn Allah's favors [upon him]."

And it has been related from 'Awn bin 'Abdullah who said: "I accompanied the rich, and did not see anyone with more troubles than me. I saw a beast that was better than my beast, and a garment that was better than my garment. And I accompanied the poor, and felt at ease."

That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."

[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."

Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.

The people say that Abu Huraira narrates too many narrations. In fact Allah knows whether I say the truth or not. They also ask, "Why do the emigrants and the Ansar not narrate as he does?" In fact, my emigrant brethren were busy trading in the markets, and my Ansar brethren were busy with their properties. I was a poor man keeping the company of Allah's Apostle and was satisfied with what filled my stomach. So, I used to be present while they (i.e. the emigrants and the Ansar) were absent, and I used to remember while they forgot (the Hadith). One day the Prophet said, "Whoever spreads his sheet till I finish this statement of mine and then gathers it on his chest, will never forget anything of my statement." So, I spread my covering sheet which was the only garment I had, till the Prophet finished his statement and then I gathered it over my chest. By Him Who had sent him (i.e. Allah's Apostle) with the truth, since then I did not forget even a single word of that statement of his, until this day of mine. By Allah, but for two verses in Allah's Book, I would never have related any narration (from the Prophet). (These two verses are): "Verily! Those who conceal the clear signs and the guidance which we have sent down .....(up to) the Merciful.' (2.159-160)

Sufyan said: We did not find anything by which we could reinforce this tradition, and this has been narrated only through this chain.

He ('Ali b. al-Madini, a narrator) said: I said to Sufyan: There is a difference of opinion of the name (Abu Muhammad b. 'Amr). He pondered for a moment and then said: I do not remember except Abu Muhammad b. 'Amr Sufyan said: A man had come to Kufah after the death of Isma'il b. Umayyah ; he was seeking Abu Muhammad until he found him. He asked him (about this tradition) but he became confused. Abu Dawud said: I heard Ahmad b. Hanbal who was questioned many times how the line should be drawn. He replied: In this way. horizontally like crescent.

Abu Dawud said: I heard Musaddad say: Ibn Dawud said: The line should be drawn perpendicularly.

Abu Dawud said: I heard Ahmad b. Hanbal describing many times how the line should be drawn. He said: In this way horizontally in the round semi-circular form like the crescent, that is (the line should be) a curve.

Abu Dawud said: This tradition has been narrated by Hammam from ibn Juhadah, but he did not mention the raising of hands after he raised his head at the end of the prostration.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

I went to `Aisha and asked her to describe to me the illness of Allah's Apostle. `Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." `Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the `Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a softhearted man, so he asked `Umar to lead the prayer but `Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-`Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaidullah added "I went to `Abdullah bin `Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn `Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether `Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was `Ali (Ibn Abi Talib).

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'

The Prophet once offered the eclipse prayer. He stood for a long time and then did a prolonged bowing. He stood up straight again and kept on standing for a long time, then bowed a long bowing and then stood up straight and then prostrated a prolonged prostration and then lifted his head and prostrated a prolonged prostration. And then he stood up for a long time and then did a prolonged bowing and then stood up straight again and kept on standing for a long time. Then he bowed a long bowing and then stood up straight and then prostrated a prolonged prostration and then lifted his head and went for a prolonged prostration. On completion o the prayer, he said, "Paradise became s near to me that if I had dared, I would have plucked one of its bunches for you and Hell became so near to me that said, 'O my Lord will I be among those people?' Then suddenly I saw a woman and a cat was lacerating her with it claws. On inquiring, it was said that the woman had imprisoned the cat till it died of starvation and she neither fed it no freed it so that it could feed itself."

From 'Aishah that she wanted to purchase Barirah, but they (he owners) made the condition that they would retain the Wala'. So the Prophet (saws) said: "Buy her, the Wala' is only for the one who gives the price, or for the one who grants the favor."

[He said:] There is something on this topic from Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of 'Aishah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Mansur bin Al-Mu'tamir's Kunyah is Abu 'Attab.

Abu Bakr Al-'Attar Al-Basri narrated to us from 'Ali bin Al-Madini who said: "I heard Yahya bin Sa'eed saying: 'When you get a narration from Mansur, then your hand has been filled with goodness without needing others.' Then Yahya said: 'I did not find anyone more reliable in (narrating from) Ibrahim An-Nakha'i and Mujahid than Mansur."

[He said:] Muhammad informed me from 'Abdullah bin Abi Al-Aswad who said: " 'Abdur-Rahman bin Mahdi said: 'Mansur is the most reliable of the people of Al-Kufah.'"

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man of the Banu Asad said, "My family and I dismounted to rest at Baqi. My family said to me, 'Go to the Messenger of Allah, may Allah bless him and grant him peace, and ask him for something that we can eat,' and they began to mention their need. I went to the Messenger of Allah, may Allah bless him and grant him peace, and found that a man was asking for something, and the Messenger of Allah, may Allah bless him and grant him peace, was saying, 'I do not have anything to give you.' The man turned away from him in anger, saying, 'By my life! You give to whomever you wish.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is angry with me because I do not have anything to give him. Whoever asks of you while he has an uqiya or its like, has asked with importunity.' "

The man continued, "I said to myself about a camel that we had, 'It is better than an uqiya.' (Malik explained that an uqiya was forty dirhams.) So I returned and did not ask him for anything, and the Messenger of Allah, may Allah bless him and grant him peace, sent me barley and raisins after that. He gave us from his share until Allah, the Mighty, the Majestic gave us relief."

That a man came to him (while two groups of Muslims were fighting) and said, "O Abu `Abdur Rahman! Don't you hear what Allah has mentioned in His Book: 'And if two groups of believers fight against each other...' (49.9) So what prevents you from fighting as Allah has mentioned in His Book?"' Ibn `Umar said, "O son of my brother! I would rather be blamed for not fighting because of this Verse than to be blamed because of another Verse where Allah says: 'And whoever kills a believer intentionally..." (4.93) Then that man said, "Allah says:-- 'And fight them until there is no more afflictions (worshipping other besides Allah) and the religion (i.e. worship) will be all for Allah (Alone)" (8.39) Ibn `Umar said, "We did this during the lifetime of Allah's Apostle when the number of Muslims was small, and a man was put to trial because of his religion, the pagans would either kill or chain him; but when the Muslims increased (and Islam spread), there was no persecution." When that man saw that Ibn `Umar did not agree to his proposal, he said, "What is your opinion regarding `Ali and `Uthman?" Ibn `Umar said, "What is my opinion regarding `Ali and `Uthman? As for `Uthman, Allah forgave him and you disliked to forgive him, and `Ali is the cousin and son-in-law of Allah's Apostle ." Then he pointed out with his hand and said, "And that is his daughter's (house) which you can see."

The Prophet said, "When Allah has ordained some affair in the Heaven, the angels beat with their wings in obedience to His statement, which sounds like a chain dragged over a rock." (`Ali and other sub-narrators said, "The sound reaches them.") "Until when fear is banished from their (angels) hearts, they (angels) say, 'What was it that your Lord said? They say, 'The truth; And He is the Most High, the Most Great.' (34.23) Then those who gain a hearing by stealing (i.e. devils) will hear Allah's Statement:-- 'Those who gain a hearing by stealing, (stand one over the other like this). (Sufyan, to illustrate this, spread the fingers of his right hand and placed them one over the other horizontally.) A flame may overtake and burn the eavesdropper before conveying the news to the one below him; or it may not overtake him till he has conveyed it to the one below him, who in his turn, conveys it to the one below him, and so on till they convey the news to the earth. (Or probably Sufyan said, "Till the news reaches the earth.") Then the news is inspired to a sorcerer who would add a hundred lies to it. His prophecy will prove true (as far as the heavenly news is concerned). The people will say. 'Didn't he tell us that on such-and-such a day, such-and-such a thing will happen? We have found that is true because of the true news heard from heaven."

The above hadith is also narrated by Abu Huraira, starting: 'When Allah has ordained some affair...') In this narration the word foreteller is added to the word wizard.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, travelled by night on the way back from Khaybar.Towards the end of the night he stopped for a rest and told Bilal to stay awake to keep watch for the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, and his companions slept. Bilal stayed on guard as long as was decreed for him and then he leant against his riding camel facing the direction of the dawn and sleep overcame him and neither he nor the Messenger of Allah nor any of the party woke up until the sun's rays had struck them. The Messenger of Allah, may Allah bless him and grant him peace, was alarmed. Bilal excused himself, saying, "Messenger of Allah! The One who took your self was the One who took myself. "The Messenger of Allah, may Allah bless him and grant him peace, ordered the party to move on and so they roused thei r mounts and rode on a short distance. The Messenger of Allah, may Allah bless him and grant him peace, ordered Bilal to give the iqama and then led them in the subh prayer. When he had finished he said, "Anyone who forgets a prayer should pray it when he remembers. Allah theBlessed and Exalted says in His book, 'Establish the prayer to remember Me.'"

Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."

Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.

Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."

Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."

Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father heard Talha ibn Ubaydullah say, "Once one of the people of Najd came to the Messenger of Allah, may Allah bless him and grant him peace. He had dishevelled hair and although his voice could be heard we could not make out what he was saying until he drew nearer and then we found he was asking about Islam. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'There are five prayers during the day and the night.' He said, 'Do I have to do anything else besides that?' The Messenger of Allah, may Allah bless him and grant him peace, added, 'And fasting the month of Ramadan.' He said, 'Is there anything else I have to do?' He said, 'No, except what you do of your own accord.' The Messenger of Allah, may Allah bless him and grant him peace, mentioned zakat. The man said, 'Is there anything else that I have to do?' He said, 'No, except what you do of your own accord.'

He continued, "The man went away saying, 'By Allah, I won't do any more than this, nor will I do any less.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That man will be successful, if he is telling the truth.'

Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.

Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."

Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."

Yahya related to me from Malik from Zayd ibn Aslam from Ibrahim ibn Abdullah ibn Hunayn from his father Abdullah ibn Hunayn that Abdullah ibn Abbas and al-Miswar ibn Makhrama once had a disagreement at al-Abwa. Abdullah said that some one in ihram could wash his head, and al Miswar ibn Makhrama maintained that some one in ihram could not wash his head.

Abdullah ibn Hunayn continued, "Abdullah ibn Abbas sent me to Abu Ayyub al-Ansari, and I found him doing ghusl between the posts of a well, screened by a garment. I greeted him and hesaid, 'Who is that?' I replied, 'I am 'Abdullah ibn Hunayn. 'Abdullah ibn Abbas sent me to you to ask how the Messenger of Allah, may Allah bless him and grant him peace, used to wash his head when he was in ihram.' "

He continued, "Abu Ayyub put his hand on the garment and pulled it down until I could see his head. He said to the man who was pouring out the water for him, 'Pour,' and he poured some over his head. Then he passed his hands over his head from the front to the back and then to the front again, and then said, 'I saw the Messenger of Allah, may Allah bless him and grant him peace, doing it like this.' "