The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so. When this news reached the Prophet he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik stood up and asked "O Allah's Apostle! Is this permission for us only or is it forever?" The Prophet replied, "It is forever." In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet has intended. (According to another man, `Ali was saying Labbaik for Hajj similar to Allah's Apostle's). The Prophet told him to keep on the Ihram and let him share the Hadi with him.

I called on Jabir bin `Abdullah Al-Ansari and said to him, "Relate to me what you have heard from Allah's Apostle ." He said, "I accompanied him on one of the journeys." (Abu `Aqil said, "I do not know whether that journey was for the purpose of Jihad or `Umra.") "When we were returning," Jabir continued, "the Prophet said, 'Whoever wants to return earlier to his family, should hurry up.' We set off and I was on a black red tainted camel having no defect, and the people were behind me. While I was in that state the camel stopped suddenly (because of exhaustion). On that the Prophet said to me, 'O Jabir, wait!' Then he hit it once with his lash and it started moving on a fast pace. He then said, 'Will you sell the camel?' I replied in the affirmative when we reached Medina, and the Prophet went to the Mosque along with his companions. I, too, went to him after tying the camel on the pavement at the Mosque gate. Then I said to him, 'This is your camel.' He came out and started examining the camel and saying, 'The camel is ours.' Then the Prophet sent some Awaq (i.e. an amount) of gold saying, 'Give it to Jabir.' Then he asked, 'Have you taken the full price (of the camel)?' I replied in the affirmative. He said, 'Both the price and the camel are for you.' ''

Once I went (from Medina) towards (Al-Ghaba) before the first Adhan of the Fajr Prayer. The shecamels of Allah's Apostle used to graze at a place called Dhi-Qarad. A slave of `Abdur-Rahman bin `Auf met me (on the way) and said, "The she-camels of Allah's Apostle had been taken away by force." I asked, "Who had taken them?" He replied "(The people of) Ghatafan." I made three loud cries (to the people of Medina) saying, "O Sabahah!" I made the people between the two mountains of Medina hear me. Then I rushed onward and caught up with the robbers while they were watering the camels. I started throwing arrows at them as I was a good archer and I was saying, "I am the son of Al-Akwa`, and today will perish the wicked people." I kept on saying like that till I restored the shecamels (of the Prophet), I also snatched thirty Burda (i.e. garments) from them. Then the Prophet and the other people came there, and I said, "O Allah's Prophet! I have stopped the people (of Ghatafan) from taking water and they are thirsty now. So send (some people) after them now." On that the Prophet said, "O the son of Al-Akwa`! You have over-powered them, so forgive them." Then we all came back and Allah's Apostle seated me behind him on his she-camel till we entered Medina.

While I was at Yemen, I met two men from Yemen called Dhu Kala and Dhu `Amr, and I started telling them about Allah's Apostle. Dhu `Amr said to me, "If what you are saying about your friend (i.e. the Prophet) is true, then he has died three days ago." Then both of them accompanied me to Medina, and when we had covered some distance on the way to Medina, we saw some riders coming from Medina. We asked them and they said, "Allah's Apostle has died and Abu Bakr has been appointed as the Caliph and the people are in a good state.' Then they said, "Tell your friend (Abu Bakr) that we have come (to visit him), and if Allah will, we will come again." So they both returned to Yemen. When I told Abu Bakr their statement, he said to me, "I wish you had brought them (to me)." Afterwards I met Dhu `Amr, and he said to me, "O Jarir! You have done a favor to me and I am going to tell you something, i.e. you, the nation of 'Arabs, will remain prosperous as long as you choose and appoint another chief whenever a former one is dead. But if authority is obtained by the power of the sword, then the rulers will become kings who will get angry, as kings get angry, and will be delighted as kings get delighted."

Abu Dawud said: It has been narrated by Ibn 'Umar and Anas b. Malik that she should take bath at the time of the Zuhr prayer (being valid) until the next Zuhr prayer. This tradition has also been transmuted by Dawud and 'Asim from al-Sha'bi from his wife from Qumair on the authority of 'Aishah, except that the version of Dawud has the words: "every day," and the version of 'Asim has the words: "at the time of Zuhr prayer". This is the view of Salim b. 'Abd Allah, al-Hassan, and 'Ata.

Abu Dawud said: Malik said: I think that the tradition narrated by Ibn a;-Musayyab must contain the words: "from one purification to another". But it was misunderstood and the people changed it to: "for one Zuhr prayer to another".

It has also been reported by Miswar b. 'Abd al-Malik b. Sa'id b. 'Abd al-Rahman b. Yarbu', saying: "from one purification to another," but the people changed it to: "from one zuhr to another."

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."

At that time the Prophet was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Apostle said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Apostle in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.

One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Apostle with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Apostle came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Apostle!" Allah's Apostle said, "Yes." Abu Bakr said, "O Allah's Apostle! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Apostle replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).

Then Allah's Apostle and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Apostle and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.

When Abu Dhar received the news of the Advent of the Prophet he said to his brother, "Ride to this valley (of Mecca) and try to find out the truth of the person who claims to be a prophet who is informed of the news of Heaven. Listen to what he says and come back to me." So his brother set out and came to the Prophet and listened to some of his talks, and returned to Abu Dhar and said to him. "I have seen him enjoining virtuous behavior and saying something that is not poetry." Abu Dhar said, "You have not satisfied me as to what I wanted." He then took his journey-food and carried a waterskin of his, containing some water till be reached Mecca. He went to the Mosque and searched for the Prophet and though he did not know him, he hated to ask anybody about him. When a part of the night had passed away, `Ali saw him and knew that he was a stranger. So when Abu Dhar saw `Ali, he followed him, and none of them asked his companion about anything, and when it was dawn, Abu Dhar took his journey food and his water-skin to the Mosque and stayed there all the day long without being perceived by the Prophet, and when it was evening, he came back to his retiring place. `Ali passed by him and said, "Has the man not known his dwelling place yet?" So `Ali awakened him and took him with him and none of them spoke to the other about anything. When it was the third day. `Ali did the same and Abu Dhar stayed with him. Then `Ali said "Will you tell me what has brought you here?" Abu Dhar said, "If you give me a firm promise that you will guide me, then I will tell you." `Ali promised him, and he informed `Ali about the matter. `Ali said, "It is true, and he is the Apostle of Allah. Next morning when you get up, accompany me, and if I see any danger for you, I will stop as if to pass water, but if I go on, follow me and enter the place which I will enter." Abu Dhar did so, and followed `Ali till he entered the place of the Prophet, and Abu Dhar went in with him, Abu Dhar listened to some of the Prophet's talks and embraced Islam on the spot. The Prophet said to him, "Go back to your people and inform them (about it) till you receive my order." Abu Dhar said, "By Him in Whose Hand my life is, I will proclaim my conversion loudly amongst them (i.e. the pagans)." So he went out, and when he reached the Mosque, he said as loudly as possible, "I bear witness that None has the right to be worshipped except Allah, and Muhammad is the Apostle of Allah." The People got up and beat him painfully. Then Al-Abbas came and knelt over him ((to protect him) and said (to the people), "Woe to you! Don't you know that this man belongs to the tribe of Ghifar and your trade to Sha'm is through their way?" So he rescued him from them. Abu Dhar again did the same the next day. They beat him and took vengeance on him and again Al-Abbas knelt over him (to protect him).

From Sa`d bin Mu`adh: Sa`d bin Mu`adh was an intimate friend of Umaiya bin Khalaf and whenever Umaiya passed through Medina, he used to stay with Sa`d, and whenever Sa`d went to Mecca, he used to stay with Umaiya. When Allah's Apostle arrived at Medina, Sa`d went to perform `Umra and stayed at Umaiya's home in Mecca. He said to Umaiya, "Tell me of a time when (the Mosque) is empty so that I may be able to perform Tawaf around the Ka`ba." So Umaiya went with him about midday. Abu Jahl met them and said, "O Abu Safwan! Who is this man accompanying you?" He said, "He is Sa`d." Abu Jahl addressed Sa`d saying, "I see you wandering about safely in Mecca inspite of the fact that you have given shelter to the people who have changed their religion (i.e. became Muslims) and have claimed that you will help them and support them. By Allah, if you were not in the company of Abu Safwan, you would not be able to go your family safely." Sa`d, raising his voice, said to him, "By Allah, if you should stop me from doing this (i.e. performing Tawaf) I would certainly prevent you from something which is more valuable for you, that is, your passage through Medina." On this, Umaiya said to him, "O Sa`d do not raise your voice before Abu-l-Hakam, the chief of the people of the Valley (of Mecca)." Sa`d said, "O Umaiya, stop that! By Allah, I have heard Allah's Apostle predicting that the Muslim will kill you." Umaiya asked, "In Mecca?" Sa`d said, "I do not know." Umaiya was greatly scared by that news. When Umaiya returned to his family, he said to his wife, "O Um Safwan! Don't you know what Sa`d told me? "She said, "What has he told you?" He replied, "He claims that Muhammad has informed them (i.e. companions that they will kill me. I asked him, 'In Mecca?' He replied, 'I do not know." Then Umaiya added, "By Allah, I will never go out of Mecca." But when the day of (the Ghazwa of) Badr came, Abu Jahl called the people to war, saying, "Go and protect your caravan." But Umaiya disliked to go out (of Mecca). Abu Jahl came to him and said, "O Abu Safwan! If the people see you staying behind though you are the chief of the people of the Valley, then they will remain behind with you." Abu Jahl kept on urging him to go until he (i.e. Umaiya) said, "As you have forced me to change my mind, by Allah, I will buy the best camel in Mecca. Then Umaiya said (to his wife). "O Um Safwan, prepare what I need (for the journey)." She said to him, "O Abu Safwan! Have you forgotten what your Yathribi brother told you?" He said, "No, but I do not want to go with them but for a short distance." So when Umaiya went out, he used to tie his camel wherever he camped. He kept on doing that till Allah caused him to be killed at Badr.

Zurarah ibn Awfa said that Aisha was asked about the midnight prayer of the Messenger of Allah (saws).

She said: He used to offer his night prayer in congregation and then return to his family (in his house) and pray four rak'ahs. Then he would go to his bed and sleep, but the water for his ablution was placed covered near his head and his tooth-stick was also kept there until Allah awakened him at night.

He then used the tooth-stick, performed ablution perfectly then came to the place of prayer and would pray eight rak'ahs, in which he would recite Surah al-Fatihah, and a surah from the Qur'an as Allah willed. He would not sit during any of them but sit after the eighth rak'ah, and would not utter the salutation, but recite (the Qur'an) during the ninth rak'ah. Then he would sit and supplicate as long as Allah willed, and beg Him and devote his attention to Him; He would utter the salutation once in such a loud voice that the inmates of the house were almost awakened by his loud salutation. He would then recite Surah al-Fatihah while sitting, bow while sitting, and then recite the Qur'an during the second rak'ah, and would bow and prostrate while sitting. He would supplicate Allah as long as He willed, then utter the salutation and turn away.

This amount of prayer of the Messenger of Allah (saws) continued till he put a weight. During that period he retrenched two rak'ahs from nine and began to pray six and seven rak'ahs standing and two rak'ahs sitting. This continued till he died.

The Messenger of Allah (saws) called me. He intended to send me with some goods to AbuSufyan to distribute among the Quraysh at Mecca after the conquest.

He said: Search for a companion. Then Amr ibn Umayyah ad-Damri came to me and said: I have been told that you are intending to make a journey and are seeking a companion.

I said: Yes. He said: I am your companion. I then went to the Messenger of Allah (saws) and said: I have found a companion.

He asked: Who is he? I replied: Amr ibn Umayyah ad-Damri. He said: When you come down to the territory of his people, be careful of him, for a maxim says: If one is your real brother, do not feel safe with him.

So we proceeded, and when I reached al-Abwa', he said to me: I have some work with my people at Waddan, so stay here till I come back. I said: Do not lose your way. When he turned his back, I recalled the words of the Prophet (saws). So I rode my camel and galloped without stopping. When I reached al-Asafir, he was pursuing me with a group of men. So I galloped and forged ahead of him. When he saw me that I had outstripped him, they returned and he came to me.

He said to me: I had some work with my people. I said: Yes. We then went on until we reached Mecca, and I gave the goods to AbuSufyan.

Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.

When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?

He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.

He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."

Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?

He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.

He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth."

Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.' "

Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter."

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

I went to Abu Wail to ask him (about those who had rebelled against `Ali). On that Abu Wail said, "We were at Siffin (a city on the bank of the Euphrates, the place where me battle took place between `Ali and Muawiya) A man said, "Will you be on the side of those who are called to consult Allah's Book (to settle the dispute)?" `Ali said, 'Yes (I agree that we should settle the matter in the light of the Qur'an)." ' Some people objected to `Ali's agreement and wanted to fight. On that Sahl bin Hunaif said, 'Blame yourselves! I remember how, on the day of Al-Hudaibiya (i.e. the peace treaty between the Prophet and the Quraish pagans), if we had been allowed to choose fighting, we would have fought (the pagans). At that time `Umar came (to the Prophet) and said, "Aren't we on the right (path) and they (pagans) in the wrong? Won't our killed persons go to Paradise, and theirs in the Fire?" The Prophet replied, "Yes." `Umar further said, "Then why should we let our religion be degraded and return before Allah has settled the matter between us?" The Prophet said, "O the son of Al-Khattab! No doubt, I am Allah's Apostle and Allah will never neglect me." So `Umar left the place angrily and he was so impatient that he went to Abu Bakr and said, "O Abu Bakr! Aren't we on the right (path) and they (pagans) on the wrong?" Abu Bakr said, "O the son of Al-Khattab! He is Allah's Apostle, and Allah will never neglect him." Then Sura Al-Fath (The Victory) was revealed."

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

Yahya related to me from Malik from Yahya ibn Said from 'Amra bint Abd ar-Rahman from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a jewish woman came to beg from her and said, "May Allah give you refuge from the punishment of the grave." So A'isha asked the Messenger of Allah, may Allah bless him and grant him peace, "Are people punished in their graves?", and the Messenger of Allah, may Allah bless him and grant him peace, took refuge in Allah from that. Then one morning the Messenger of Allah, may Allah bless him and grant him peace, went out on a journey and there was an eclipse of the sun, and he returned in the late morning and passed through his apartments. Then he stood and prayed, and the people stood behind him. He stood for a long time, and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time, and then went into ruku for a long time, though less than the first time. Then he rose, and went down into sajda. Then he stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose and stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose, and went down into sajda. When he had finished he said what Allah willed him to say, and then he told them to seek protection for themselves from the punishment of the grave."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

I asked `Abdullah bin `Umar, "O Abu `Abdur-Rahman! I saw you doing four things which I never saw being done by anyone of you companions?" `Abdullah bin `Umar said, "What are those, O Ibn Juraij?" I said, "I never saw you touching any corner of the Ka`ba except these (two) facing south (Yemen) and I saw you wearing shoes made of tanned leather and dyeing your hair with Hinna (a kind of red dye). I also noticed that whenever you were in Mecca, the people assume Ihram on seeing the new moon crescent (1st of Dhul-Hijja) while you did not assume the Ihlal (Ihram) -(Ihram is also called Ihlal which means 'Loud calling' because a Muhrim has to recite Talbiya aloud when assuming the state of Ihram) - till the 8th of Dhul-Hijja (Day of Tarwiya). `Abdullah replied, "Regarding the corners of Ka`ba, I never saw Allah's Apostle touching except those facing south (Yemen) and regarding the tanned leather shoes, no doubt I saw Allah's Apostle wearing non-hairy shoes and he used to perform ablution while wearing the shoes (i.e. wash his feet and then put on the shoes). So I love to wear similar shoes. And about the dyeing of hair with Hinna; no doubt I saw Allah's Apostle dyeing his hair with it and that is why I like to dye (my hair with it). Regarding Ihlal, I did not see Allah's Apostle assuming Ihlal till he set out for Hajj (on the 8th of Dhul-Hijja).

The news about the differences amongst the people of Bani `Amr bin `Auf at Quba reached Allah's Apostle and so he went to them along with some of his companions to affect a reconciliation. Allah's Apostle was delayed there and the time for the prayer became due. Bilal came to Abu Bakr! and said, "O Abu Bakr! Allah's Apostle is detained (there) and the time for the prayer is due. Will you lead the people in prayer?" Abu Bakr replied, "Yes, if you wish." So Bilal pronounced the Iqama and Abu Bakr went forward and the people said Takbir. In the meantime, Allah's Apostle came piercing through the rows till he stood in the (first) row and the people started clapping. Abu Bakr, would never look hither and thither during the prayer but when the people clapped much he looked back and saw Allah's Apostle. The Prophet beckoned him to carry on. Abu Bakr raised both his hands, praised Allah and retreated till he stood in the row and Allah's Apostle went forward and led the people in the prayer. When he had finished the prayer, he addressed the people and said, "O people! Why did you start clapping when something happened to you in the prayer? Clapping is for women. Whenever one is confronted with something unusual in the prayer one should say, 'Sub Han Allah'." Then the Prophet looked towards Abu Bakr and asked, "What prevented you from leading the prayer when I beckoned you to carry on?" Abu Bakr replied, "It does not befit the son of Al Quhafa to lead the prayer in the presence of Allah's Apostle.

The Prophet said, "A horse may be kept for one of three purposes: for a man it may be a source of reward; for another it may be a means of living; and for a third it may be a burden (a source of committing sins). As for the one for whom it is a source of reward, he is the one who keeps his horse for the sake of Jihad in Allah's Cause; he ties it with a long rope on a pasture or in a garden. So whatever its rope allows it to eat, will be regarded as good rewardable deeds (for its owner). And if it breaks off its rope and jumps over one or two hillocks, even its dung will be considered amongst his good deeds. And if it passes by a river and drinks water from it, that will be considered as good deeds for his benefit) even if he has had no intention of watering it. A horse is a shelter for the one who keeps it so that he may earn his living honestly and takes it as a refuge to keep him from following illegal ways (of gaining money), and does not forget the rights of Allah (i.e. paying the Zakat and allowing others to use it for Allah's Sake). But a horse is a burden (and a source of committing sins for him who keeps it out of pride and pretense and with the intention of harming the Muslims." The Prophet was asked about donkeys. He replied, "Nothing has been revealed to be concerning them except this comprehensive Verse (which covers everything) :--'Then whosoever has done good equal to the weight of an atom (or a small ant), Shall see it (its reward) And whosoever has done evil equal to the weight of an atom (or a small ) ant), Shall see it (Its punishment)." (99.7-8)

Um Ruman, the mother of `Aisha said that while `Aisha and she were sitting, an Ansari woman came and said, "May Allah harm such and-such a person!" Um Ruman said to her, What is the matter?" She replied, "My son was amongst those who talked of the story (of the Slander)." Um Ruman said, "What is that?" She said, "So-and-so...." and narrated the whole story. On that `Aisha said, "Did Allah's Apostle hear about that?" She replies, "yes." `Aisha further said, "And Abu Bakr too?" She replied, "Yes." On that, `Aisha fell down fainting, and when she came to her senses, she had got fever with rigors. I put her clothes over her and covered her. The Prophet came and asked, "What is wrong with this (lady)?" Um Ruman replied, "O Allah's Apostle! She (i.e. `Aisha) has got temperature with rigors." He said, "Perhaps it is because of the story that has been talked about?" She said, "Yes." `Aisha sat up and said, "By Allah, if I took an oath (that I am innocent), you would not believe me, and if I said (that I am not innocent), you would not excuse me. My and your example is like that of Jacob and his sons (as Jacob said ): 'It is Allah (Alone) Whose Help can be sought against that you assert.' Um Ruman said, "The Prophet then went out saying nothing. Then Allah declared her innocence. On that, `Aisha said (to the Prophet), "I thank Allah only; thank neither anybody else nor you."

Abu Dawud said: What is correct is that the tradition reported by Ibn ‘Umar does not go back to the Prophet (may peace beupon him). Abu Dawud said: The narrator Baqiyyah reported the first part of this tradition from ‘Ubaid Allah and traced it back to the Prophet (saws); and the narrator al-Thaqafi reported it from ‘Ubaid Allah as a statement of Ibn ‘Umar himself(not from the Porphet). In this version he said: When he stood at the end of two rak’ahs he raised them up to his breasts. And this is the correct version.

Abu Dawud said: This tradition has been transmitted as a statement of Ibn ‘Umar (and not of the Prophet) by al-Laith b. Sa’d, Malik, Ayyub, and Ibn Juraij; and this has been narrated as a statement of the Prophet (saws) by Hammad b. Salamah alone on the authority of Ayyub. Ayyub and Malik did not mention his raising of hands when he stood after two prostrations, but al-Laith mentioned it in his version. Ibn Juraij said in this version: I asked Nafi’: Did Ibn ‘Umar raise (his hands) higher for the first time? He said: No, I said: Point out to me. He then pointed to the breasts or lower than that.

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.

If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."

Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "

A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "

She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"

A'isha added, "We roused the camel I had been on and found the necklace under it."

Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."

Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."

Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.

Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."

Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.

Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.

Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join it) in which I find him (the prophet). He then said: Mu’adh has prayer when I join it in which I find him (the prophet). He then said: MU’adh has introduced for you a SUNNAH (a model behaviour), so you should do in a like manner. He said; our people have narrated to us; when the Messenger of Allah (may peace be upon him) came to Madina, he commanded them (the people) to keep fast for three days. Thereafter the Quranic verses with regard to the fasts during Ramadan were revealed. But they were people who were not accustomed to keep fast ; hence the keeping of the fasts was hard for them; so those who could not keep fast would feed an indigent; then the month”. The concession was granted to the patient and the traveler; all were commanded to keep fast.

(the wife of the Prophet) "Whenever Allah's Apostle intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdah (on the camel) and dismounted while still in it. When Allah's Apostle was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Apostle ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdah and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdah while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan bin Mu'attal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, "Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah, and we will return to Him)." He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was `Abdullah bin Ubai bin Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during my ailment as if I were not receiving the usual kindness from the Prophet which I used to receive from him when I got sick. But he would come, greet and say, 'How is that (girl)?' I did not know anything of what was going on till I recovered from my ailment and went out with Um Mistah to the Manasi where we used to answer the call of nature, and we used not to go to answer the call of nature except from night to night and that was before we had lavatories near to our houses. And this habit of ours was similar to the habit of the old 'Arabs in the open country (or away from houses). So. I and Um Mistah bint Ruhm went out walking. Um Mistah stumbled because of her long dress and on that she said, 'Let Mistah be ruined.' I said, 'You are saying a bad word. Why are you abusing a man who took part in (the battle of) Badr?' She said, 'O Hanata (you there) didn't you hear what they said?' Then she told me the rumors of the false accusers. My sickness was aggravated, and when I returned home, Allah's Apostle came to me, and after greeting he said, 'How is that (girl)?' I requested him to allow me to go to my parents. I wanted then to be sure of the news through them I Allah's Apostle allowed me, and I went to my parents and asked my mother, 'What are the people talking about?' She said, 'O my daughter! Don't worry much about this matter. By Allah, never is there a charming woman loved by her husband who has other wives, but the women would forge false news about her.' I said, 'Glorified be Allah! Are the people really taking of this matter?' That night I kept on weeping and could not sleep till morning. In the morning Allah's Apostle called `Ali bin Abu Talib and Usama bin Zaid when he saw the Divine Inspiration delayed, to consul them about divorcing his wife (i.e. `Aisha). Usama bin Zaid said what he knew of the good reputation of his wives and added, 'O Allah's Apostle! Keep you wife, for, by Allah, we know nothing about her but good.' `Ali bin Abu Talib said, 'O Allah's Apostle! Allah has no imposed restrictions on you, and there are many women other than she, yet you may ask the woman-servant who will tell you the truth.' On that Allah's Apostle called Barirah and said, 'O Barirah. Did you ever see anything which roused your suspicions about her?' Barirah said, 'No, by Allah Who has sent you with the Truth, I have never seen in her anything faulty except that she is a girl of immature age, who sometimes sleeps and leaves the dough for the goats to eat.' On that day Allah's Apostle ascended the pulpit and requested that somebody support him in punishing `Abdullah bin Ubai bin Salul. Allah's Apostle said, 'Who will support me to punish that person (`Abdullah bin Ubai bin Salul) who has hurt me by slandering the reputation of my family? By Allah, I know nothing about my family but good, and they have accused a person about whom I know nothing except good, and he never entered my house except in my company.' Sa`d bin Mu`adh got up and said, 'O Allah's Apostle! by Allah, I will relieve you from him. If that man is from the tribe of the Aus, then we will chop his head off, and if he is from our brothers, the Khazraj, then order us, and we will fulfill your order.' On that Sa`d bin 'Ubada, the chief of the Khazraj and before this incident, he had been a pious man, got up, motivated by his zeal for his tribe and said, 'By Allah, you have told a lie; you cannot kill him, and you will never be able to kill him.' On that Usaid bin Al-Hadir got up and said (to Sa`d bin 'Ubada), 'By Allah! you are a liar. By Allah, we will kill him; and you are a hypocrite, defending the hypocrites.' On this the two tribes of Aus and Khazraj got excited and were about to fight each other, while Allah's Apostle was standing on the pulpit. He got down and quieted them till they became silent and he kept quiet. On that day I kept on weeping so much so that neither did my tears stop, nor could I sleep. In the morning my parents were with me and I had wept for two nights and a day, till I thought my liver would burst from weeping. While they were sitting with me and I was weeping, an Ansari woman asked my permission to enter, and I allowed her to come in. She sat down and started weeping with me. While we were in this state, Allah's Apostle came and sat down and he had never sat with me since the day they forged the accusation. No revelation regarding my case came to him for a month. He recited Tashah-hud (i.e. None has the right to be worshipped but Allah and Muhammad is His Apostle) and then said, 'O `Aisha! I have been informed such-and-such about you; if you are innocent, then Allah will soon reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him to forgive you, for when a person confesses his sin and asks Allah for forgiveness, Allah accepts his repentance.' When Allah's Apostle finished his speech my tears ceased completely and there remained not even a single drop of it. I requested my father to reply to Allah's Apostle on my behalf. My father said, By Allah, I do not know what to say to Allah's Apostle.' I said to my mother, 'Talk to Allah's Apostle on my behalf.' She said, 'By Allah, I do not know what to say to Allah's Apostle. I was a young girl and did not have much knowledge of the Qur'an. I said. 'I know, by Allah, that you have listened to what people are saying and that has been planted in your minds and you have taken it as a truth. Now, if I told you that I am innocent and Allah knows that I am innocent, you would not believe me and if I confessed to you falsely that I am guilty, and Allah knows that I am innocent you would believe me. By Allah, I don't compare my situation with you except to the situation of Joseph's father (i.e. Jacob) who said, 'So (for me) patience is most fitting against that which you assert and it is Allah (Alone) whose help can be sought.' Then I turned to the other side of my bed hoping that Allah would prove my innocence. By Allah I never thought that Allah would reveal Divine Inspiration in my case, as I considered myself too inferior to be talked of in the Holy Qur'an. I had hoped that Allah's Apostle might have a dream in which Allah would prove my innocence. By Allah, Allah's Apostle had not got up and nobody had left the house before the Divine Inspiration came to Allah's Apostle. So, there overtook him the same state which used to overtake him, (when he used to have, on being inspired divinely). He was sweating so much so that the drops of the sweat were dropping like pearls though it was a (cold) wintry day. When that state of Allah's Apostle was over, he was smiling and the first word he said, `Aisha! Thank Allah, for Allah has declared your innocence.' My mother told me to go to Allah's Apostle . I replied, 'By Allah I will not go to him and will not thank but Allah.' So Allah revealed: "Verily! They who spread the slander are a gang among you . . ." (24.11) When Allah gave the declaration of my Innocence, Abu Bakr, who used to provide for Mistah bin Uthatha for he was his relative, said, 'By Allah, I will never provide Mistah with anything because of what he said about Aisha.' But Allah later revealed: -- "And let not those who are good and wealthy among you swear not to help their kinsmen, those in need and those who left their homes in Allah's Cause. Let them forgive and overlook. Do you not wish that Allah should forgive you? Verily! Allah is Oft-forgiving, Most Merciful." (24.22) After that Abu Bakr said, 'Yes ! By Allah! I like that Allah should forgive me,' and resumed helping Mistah whom he used to help before. Allah's Apostle also asked Zainab bint Jahsh (i.e. the Prophet's wife about me saying, 'What do you know and what did you see?' She replied, 'O Allah's Apostle! I refrain to claim hearing or seeing what I have not heard or seen. By Allah, I know nothing except goodness about Aisha." Aisha further added "Zainab was competing with me (in her beauty and the Prophet's love), yet Allah protected her (from being malicious), for she had piety."

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

We were in the company of Allah's Apostle and we assumed the state of Ihram of Hajj and arrived at Mecca on the fourth of Dhul-Hijja. The Prophet ordered us to perform the Tawaf around the Ka`ba and (Sa`i) between As-Safa and Al-Marwa and use our lhram just for `Umra, and finish the state of Ihram unless we had our Hadi with us. None of us had the Hadi with him except the Prophet and Talha. `Ali came from Yemen and brought the Hadi with him. `Ali said, 'I had assumed the state of Ihram with the same intention as that with which Allah's Apostle had assumed it. The people said, "How can we proceed to Mina and our male organs are dribbling?" Allah's Apostle said, "If I had formerly known what I came to know latterly, I would not have brought the Hadi, and had there been no Hadi with me, I would have finished my Ihram." Suraqa (bin Malik) met the Prophet while he was throwing pebbles at the Jamrat-Al-`Aqaba, and asked, "O Allah's Apostle! Is this (permitted) for us only?" The Prophet replied. "No, it is forever" `Aisha had arrived at Mecca while she was menstruating, therefore the Prophet ordered her to perform all the ceremonies of Hajj except the Tawaf around the Ka`ba, and not to perform her prayers unless and until she became clean . When they encamped at Al-Batha, `Aisha said, "O Allah's Apostle! You are proceeding after performing both Hajj and `Umra while I am proceeding with Hajj only?" So the Prophet ordered `Abdur-Rahman bin Abu Bakr As-Siddiq to go with her to at-Tan`im, and so she performed the `Umra in Dhul-Hijja after the days of the Hajj.

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

Yahya related to me from Malik from Hisham ibn Urwa that Sawda bint Abdullah ibn Umar, who was in the household of Urwa ibn az- Zubayr, set off walking between Safa and Marwa when doing either hajj or an umra. She was a heavy woman and she began when everybody was leaving after the isha prayer, and she still had not completed her circuits when the first call was given for subh, but finished them between the two calls to prayer.

If Urwa saw people doing circuits on riding beasts he would tell them in very strong terms not to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them 'These are unsuccessful and have lost.' "

Malik said, "Someone who forgets say between Safa and Marwa in an umra, and does not remember until he is far from Makka, should return and do say. If, in the meantime, he has had intercourse with a woman, he should return and do say between Safa and Marwa so as to complete what remains of that umra, and then after that he has to do another umra and offer a sacrificial animal."

Malik was asked about someone who met another man when doing say between Safa and Marwa and stopped to talk with him, and he said, "I do not like anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about it and remembers only when he is doing say between Safa and Marwa, he should stop the say and complete his tawaf of the House apart from that about which he is certain. After that he prays the two rakas of the tawaf, and then begins his say between Safa and Marwa."

Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed share to two grandmothers (together).

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing, is that the maternal grandmother does not inherit anything at all with the mother. Outside of that, she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share." If both the paternal grandmother and maternal grandmother are alive, and the deceased does not have a father or mother outside of them, Malik said,."I have heard that if the maternal grandmother is the nearest of the two of them, then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer, or they are in the same position in relation to the deceased, the sixth is divided equally between them."

Malik said, "None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, gave the grandmother inheritance, and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah, may Allah bless him and grant him peace, that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to add to fixed shares. If there are two of you together, it is between you. If either of you is left alone with it, it is hers.' " Malik said, "We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day."

`Abdullah bin `Umar said, "Once Allah's Apostle was busy (at the time of the `Isha'), so the prayer was delayed so much so that we slept and woke up and slept and woke up again. The Prophet came out and said, 'None amongst the dwellers of the earth but you have been waiting for the prayer." Ibn `Umar did not find any harm in praying it earlier or in delaying it unless he was afraid that sleep might overwhelm him and he might miss the prayer, and sometimes he used to sleep before the `Isha' prayer. Ibn Juraij said, "I said to `Ata', 'I heard Ibn `Abbas saying: Once Allah's Apostle delayed the `Isha' prayer to such an extent that the people slept and got up and slept again and got up again. Then `Umar bin Al-Khattab I, stood up and reminded the Prophet I of the prayer.' `Ata' said, 'Ibn `Abbas said: The Prophet came out as if I was looking at him at this time, and water was trickling from his head and he was putting his hand on his head and then said, 'Hadn't I thought it hard for my followers, I would have ordered them to pray (`Isha' prayer) at this time.' I asked `Ata' for further information, how the Prophet had kept his hand on his head as he was told by Ibn `Abbas. `Ata' separated his fingers slightly and put their tips on the side of the head, brought the fingers downwards approximating them till the thumb touched the lobe of the ear at the side of the temple and the beard on the face. He neither slowed nor hurried in this action but he acted like that. The Prophet said: "Hadn't I thought it hard for my followers I would have ordered them to pray at this time."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

The Messenger of Allah (saws) used to prostrate and sleep (in prostration) and produce puffing sounds (during sleep). Then he would stand and pray and would not perform ablution. I said to him: you prayed but did not perform ablution though you slept (in prostration). He replied: Ablution is necessary for one who sleeps while he is lying down. Uthman and Hannad added: For when he lies down, his joints are relaxed.

Abu Dawud said: The statement "ablution is necessary for one who sleeps while one is lying down" is a munkar (rejected) tradition. It has been narrated only by Yazid Abu Khalid al-Dalani, on the authority of Qatadah. And its earlier part has been narrated by a group (of narrators) from Ibn 'Abbas; they did not mention anything about it. He (Ibn 'Abbas) said: The Prophet (saws) was protected (during his sleep). 'Aishah reported: The Prophet (saws) said: My eyes sleep, but my heart does not sleep. Shu'bah said: Qatadah heard from Abu'l-'Aliyah only four traditions: the tradition about Jonah son of Matthew, the tradition reported by Ibn 'Umar about prayer, the tradition stating that the judges are three, and the tradition narrated by Ibn 'Abbas saying: (This tradition) has been narrated to me by reliable persons ; 'Umar is one of them, and the most reliable of them in my opinion is 'Umar. Abu Dawud said: I asked Ahmad b. Hanbal about the tradition narrated by Yazid al-Dalani. He rebuked me out of respect for him. Then he said: Yazid al-Dalani does not add anything to what has been narrated by the teachers of Qatadah. He did not care of this tradition (due to its weakness).

AbulJawza' said: A man who attended the company of the Prophet (saws) narrated to me (it is thought that he was Abdullah ibn Amr): The Prophet (saws) said to me: Come to me tomorrow; I shall give you something, I shall give you something, I shall reward you something, I shall donate something to you. I thought that he would give me some present.

He said (to me when I came to him): When the day declines, stand up and pray four rak'ahs. He then narrated something similar.

This version adds: Do not stand until you glorify Allah ten times, and praise Him ten times, and exalt Him ten times, and say, "There is no god but Allah" ten times. Then you should do that in four rak'ahs. If you are the greatest sinner on earth, you will be forgiven (by Allah) on account of this (prayer).

I asked: If I cannot pray this the appointed hour, (what should I do)? He replied: Pray that by night or by day (at any time).

Abu Dawud said: Habban b. Hilal is the maternal uncle of Hilal al-Ra'i.

Abu Dawud said: This tradition has been narrated by al-Mustamir b. al-Riyyan from Ibn al-Jawza' from 'Abd Allah b. 'Amr without referring to the Prophet (saws), - narrated as a statement of 'Abd Allah b. 'Amr himself (mauquf). This has also been narrated by Rawh b. al-Musayyab, and Ja'far b. Sulaiman from 'Amr b. Malik al-Nakri from Abu al-Jauza' from Ibn 'Abbas as his own statement (and not the statement of the Prophet). But the version of Rawh has the words: "The tradition of the Prophet (saws)."