Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, made his camel kneel down at al-Batha, which is at Dhu'l-Hulayfa, and prayed there. Nafi said, "Abdullah ibn Umar used to do that."

Malik said, "No-one should go past al-Muarras when he is returning from hajj without praying there. If he passes it at a time when prayer is not permissible he should stay there until prayer is permissible and then pray whatever he feels is appropriate. (This is) because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, stopped there to rest, and that Abdullah ibn Umar stopped his camel there also."

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

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

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayb that a man asked Uthman ibn Affan whether one could have intercourse with two sisters who one owned. Uthman said, "One ayat makes them halal, and one ayat makes them haram. As for me, I wouldn't like to do it." The man left him and met one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, and asked him about it, and he said, "Had I any authority and I found someone who had done it, I would punish him as an example."

Ibn Shihab added, "I think that it was Ali ibn Abi Talib. "

Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that you should marry her until she has married another husband.' He protested that his divorcing her had been only once. Ibn Abbas said, 'You threw away what you had of blessing.' "

The Prophet delivered the Khutba on the day of Nahr (`Id-ul-Adha) and said, "The first thing we should do on this day of ours is to pray and then return and slaughter (our sacrifices). So anyone who does so he acted according to our Sunna; and whoever slaughtered before the prayer then it was just meat that he offered to his family and would not be considered as a sacrifice in any way. My uncle Abu Burda bin Niyyar got up and said, "O, Allah's Apostle! I slaughtered the sacrifice before the prayer but I have a young she-goat which is better than an older sheep." The Prophet said, "Slaughter it in lieu of the first and such a goat will not be considered as a sacrifice for anybody else after you."

(the wife of the Prophet) On the day when the sun Khasafat (eclipsed) Allah's Apostle prayed; he stood up and said Takbir and recited a prolonged recitation, then he performed a prolonged bowing, then he raised his head and said, "Sami`a l-lahu Lyman Hamidah," and then remained standing and recited a prolonged recitation which was shorter than the first. Then he performed a prolonged bowing which was shorter than the first. Then he prostrated and prolonged the prostration and he did the same in the second rak`a as in the first and then finished the prayer with Taslim. By that time the sun (eclipse) had cleared He addressed the people and said, "The sun and the moon are two of the signs of Allah; they do not eclipse (Yakhsifan) because of the death or the life (i.e. birth) of someone. So when you see them make haste for the prayer."

Salim told me, "`Abdullah bin `Umar said, 'I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the `Isha prayer whenever he was in a hurry during the journey.' " Salim said, "Abdullah bin `Umar used to do the same whenever he was in a hurry during the journey. After making the call for Iqama, for the Maghrib prayer he used to offer three rak`at and then perform Taslim. After waiting for a short while, he would pronounce the Iqama for the `Isha' prayer and offer two rak`at and perform Taslim. He never prayed any Nawafil in between the two prayers or after the `Isha' prayers till he got up in the middle of the night (for Tahajjud prayer)."

Abu Jamra Nasr bin `Imran Ad-Duba'i said, "I intended to perform Hajj-at-Tamattu` and the people advised me not to do so. I asked Ibn `Abbas regarding it and he ordered me to perform Hajj-at- Tammatu'. Later I saw in a dream someone saying to me, 'Hajj-Mabrur (Hajj performed in accordance with the Prophet's tradition without committing sins and accepted by Allah) and an accepted `Umra.' So I told that dream to Ibn `Abbas. He said, 'This is the tradition of Abul-Qasim.' Then he said to me, 'Stay with me and I shall give you a portion of my property.' " I (Shu`ba) asked, "Why (did he invite you)?" He (Abu Jamra) said, "Because of the dream which I had seen."

(the slave of Asma') During the night of Jam', Asma' got down at Al-Muzdalifa and stood up for (offering) the prayer and offered the prayer for some time and then asked, "O my son! Has the moon set?" I replied in the negative and she again prayed for another period and then asked, "Has the moon set?" I replied, "Yes." So she said that we should set out (for Mina), and we departed and went on till she threw pebbles at the Jamra (Jamrat-Al-`Aqaba) and then she returned to her dwelling place and offered the morning prayer. I asked her, "O you! I think we have come (to Mina) early in the night." She replied, "O my son! Allah's Apostle gave permission to the women to do so."

"The Prophet said, 'Allah has made Mecca, a sanctuary, so it was a sanctuary before me and will continue to be a sanctuary after me. It was made legal for me (i.e. I was allowed to fight in it) for a few hours of a day. It is not allowed to uproot its shrubs or to cut its trees, or to chase (or disturb) its game, or to pick up its luqata (fallen things) except by a person who would announce that (what he has found) publicly.' Al-`Abbas said, 'O Allah's Apostle! Except Al-Idhkhir (a kind of grass) (for it is used) by our goldsmiths and for our graves.' The Prophet then said, 'Except Al-Idhkhir.' " `Ikrima said, 'Do you know what "chasing or disturbing" the game means? It means driving it out of the shade to occupy its place."

"The Messenger of Allah (saws) prohibited selling the Wala' and conferring it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of 'Abdullah bin Dinar, from Ibn 'Umar.

This Hadith is acted upon according to the people of knowledge.

Yahya bin Sulaim reported this Hadith from 'Ubaidullah bin 'Umar, from Nafi' from Ibn 'Umar from the Prophet (saws), saying "That he prohibited selling the Wala' and conferring it."

But this is mistake from Yahya bin Sulaim. Because 'Abdul Wahhab Ath-Thaqafi, 'Abdullah bin Numair and others reported it from 'Ubaidullah bin 'Umar, from Ibn 'Umar, from the Prophet (saws). And this is more correct than the narration of Yahya bin Sulaim.

I had a sexual dream on a cold night in the battle of Dhat as-Salasil. I was afraid, if I washed I would die. I, therefore, performed tayammum and led my companions in the dawn prayer. They mentioned that to the Messenger of Allah (saws). He said: Amr, you led your companions is prayer while you were sexually defiled? I informed him of the cause which impeded me from washing. And I said: I heard Allah say: "Do not kill yourself, verily Allah is merciful to you." The Messenger of Allah (saws) laughed and did not say anything.

Abu Dawud said: 'Abd al-Rahman b. Jubair is an Egyptian and a freed slave of Kharijah b. Hudhafah. He is not Jubair b. Nufair

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

Allah's Apostle forbade the selling of fruits (fresh dates) for dried dates but allowed the sale of fruits on the 'Araya by estimation and their new owners might eat their dates fresh. Sufyan (in another narration) said, "I told Yahya (a sub-narrator) when I was a mere boy, 'Meccans say that the Prophet allowed them the sale of the fruits on 'Araya by estimation.' Yahya asked, 'How do the Meccans know about it?' I replied, 'They narrated it (from the Prophet ) through Jabir.' On that, Yahya kept quiet." Sufyan said, "I meant that Jabir belonged to Medina." Sufyan was asked whether in Jabir's narration there was any prohibition of selling fruits before their benefit is evident (i.e. no dangers of being spoilt or blighted). He replied that there was none.

A bedouin went to the Prophet and asked him about picking up a lost thing. The Prophet said, "Make public announcement about it for one year. Remember the description of its container and the string with which it is tied; and if somebody comes and claims it and describes it correctly, (give it to him); otherwise, utilize it." He said, "O Allah's Apostle! What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" On that the face of the Prophet became red (with anger) and said, "You have nothing to do with it, as it has its feet, its water reserve and can reach places of water and drink, and eat trees."

Allah's Apostle said, "If somebody takes a false oath in order to get the property of a Muslim (unjustly) by that oath, then Allah will be angry with him when he will meet Him." Al-Ash'ath informed me, "By Allah! This was said regarding me. There was a dispute about a piece of land between me and a man from the Jews who denied my right. I took him to the Prophet. Allah's Apostle asked me, 'Do you have an evidence?' I replied in the negative. He said to the Jew, 'Take an oath.' I said, 'O Allah's Apostle! He will surely take an oath and take my property unjustly." So, Allah revealed: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

Ibn `Abbas said, "O Muslims? How do you ask the people of the Scriptures, though your Book (i.e. the Qur'an) which was revealed to His Prophet is the most recent information from Allah and you recite it, the Book that has not been distorted? Allah has revealed to you that the people of the scriptures have changed with their own hands what was revealed to them and they have said (as regards their changed Scriptures): This is from Allah, in order to get some worldly benefit thereby." Ibn `Abbas added: "Isn't the knowledge revealed to you sufficient to prevent you from asking them? By Allah I have never seen any one of them asking (Muslims) about what has been revealed to you."

When `Umar got a piece of land in Khaibar, he came to the Prophet saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowments on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner, and he also could feed his friends without intending to be wealthy by its means."

Once Musa bin Anas while describing the battle of Yamama, said, "Anas bin Malik went to Thabit bin Qais, who had lifted his clothes from his thighs and was applying Hunut to his body. Anas asked, 'O Uncle! What is holding you back (from the battle)?' He replied, 'O my nephew! I am coming just now,' and went on perfuming himself with Hunut, then he came and sat (in the row). Anas then mentioned that the people fled from the battle-field. On that Thabit said, 'Clear the way for me to fight the enemy. We would never do so (i.e. flee) in the company of Allah's Apostle. How bad the habits you have acquired from your enemies!"

That Zaid bin Khalid Al-Juhani narrated to him something in the presence of Sa`id bin 'Ubaidullah Al- Khaulani who was brought up in the house of Maimuna the wife of the Prophet. Zaid narrated to them that Abu Talha said that the Prophet said, "The Angels (of Mercy) do not enter a house wherein there is a picture." Busr said, "Later on Zaid bin Khalid fell ill and we called on him. To our surprise we saw a curtain decorated with pictures in his house. I said to Ubaidullah Al-Khaulani, "Didn't he (i.e. Zaid) tell us about the (prohibition of) pictures?" He said, "But he excepted the embroidery on garments. Didn't you hear him?" I said, "No." He said, "Yes, he did."

That he heard Allah's Apostle saying, "While a lady was nursing her child, a rider passed by and she said, 'O Allah! Don't let my child die till he becomes like this (rider).' The child said, 'O Allah! Don't make me like him,' and then returned to her breast (sucking it). (After a while) they passed by a lady who was being pulled and teased (by the people). The child's mother said, 'O Allah! Do not make my child like her.' The child said, 'O Allah! Make me like her.' Then he said, 'As for the rider, he is an infidel, while the lady is accused of illegal sexual intercourse (falsely) and she says: Allah is sufficient for me (He knows the truth).

These were the battles of Allah's Apostle (which he fought), and while mentioning (the Badr battle) he said, "While the corpses of the pagans were being thrown into the well, Allah's Apostle said (to them), 'Have you found what your Lord promised true?" `Abdullah said, "Some of the Prophet's companions said, "O Allah's Apostle! You are addressing dead people.' Allah's Apostle replied, 'You do not hear what I am saying, better than they.' The total number of Muslim fighters from Quraish who fought in the battle of Badr and were given their share of the booty, were 81 men." Az-Zubair said, "When their shares were distributed, their number was 101 men. But Allah knows it better."

Allah's Apostle used to shroud two martyrs of Uhud in one sheet and then say, "Which of them knew Qur'an more?" When one of the two was pointed out, he would put him first in the grave. Then he said, "I will be a witness for them on the Day of Resurrection." He ordered them to be buried with their blood (on their bodies). Neither was the funeral prayer offered for them, nor were they washed. Jabir added, "When my father was martyred, I started weeping and uncovering his face. The companions of the Prophet stopped me from doing so but the Prophet did not stop me. Then the Prophet said, '(O Jabir.) don't weep over him, for the angels kept on covering him with their wings till his body was carried away (for burial).

Anas said, "The Prophet sent seventy men, called Al-Qurra 'for some purpose. The two groups of Bani Sulaim called Ri'l and Dhakwan, appeared to them near a well called Bir Ma'una. The people (i.e. Al- Qurra) said, 'By Allah, we have not come to harm you, but we are passing by you on our way to do something for the Prophet.' But (the infidels) killed them. The Prophet therefore invoked evil upon them for a month during the morning prayer. That was the beginning of Al Qunut and we used not to say Qunut before that." A man asked Anas about Al-Qunut, "Is it to be said after the Bowing (in the prayer) or after finishing the Recitation (i.e. before Bowing)?" Anas replied, "No, but (it is to be said) after finishing the Recitation."

We went to `Aisha while Hassan bin Thabit was with her reciting poetry to her from some of his poetic verses, saying "A chaste wise lady about whom nobody can have suspicion. She gets up with an empty stomach because she never eats the flesh of indiscreet (ladies)." `Aisha said to him, "But you are not like that." I said to her, "Why do you grant him admittance, though Allah said:-- "and as for him among them, who had the greater share therein, his will be a severe torment." (24.11) On that, `Aisha said, "And what punishment is more than blinding?" She, added, "Hassan used to defend or say poetry on behalf of Allah's Apostle (against the infidels).

We went out with Allah's Apostle in the year of Al-Hudaibiya. One night it rained and Allah's Apostle led us in the Fajr prayer and (after finishing it), turned to us and said, "Do you know what your Lord has said?" We replied, "Allah and His Apostle know it better." He said, "Allah said:-- "(Some of) My slaves got up believing in Me, And (some of them) disbelieving in Me. The one who said: We have been given Rain through Allah's Mercy and Allah's Blessing and Allah's Bounty, then he is a believer in Me, and is a disbeliever in the star. And whoever said: We have been given rain because of such and- such star, then he is a believer in the star, and is a disbeliever in Me."

Do you (people) consider the conquest of Mecca, the Victory (referred to in the Qur'an 48:1). Was the conquest of Mecca a victory? We really consider that the actual Victory was the Ar-Ridwan Pledge of allegiance which we gave on the day of Al-Hudaibiya (to the Prophet) . On the day of Al-Hudaibiya we were fourteen hundred men along with the Prophet Al-Hudaibiya was a well, the water of which we used up leaving not a single drop of water in it. When the Prophet was informed of that, he came and sat on its edge. Then he asked for a utensil of water, performed ablution from it, rinsed (his mouth), invoked (Allah), and poured the remaining water into the well. We stayed there for a while and then the well brought forth what we required of water for ourselves and our riding animals.

When I set out for Hajj, I passed by some people offering a prayer, I asked, "What is this mosque?" They said, "This is the Tree where Allah's Apostle took the Ar-Ridwan Pledge of allegiance. Then I went to Sa`id bin Musaiyab and informed him about it. Sa`id said, "My father said that he was amongst those who had given the Pledge of allegiance to Allah's Apostle beneath the Tree. He (i.e. my father) said, "When we set out the following year, we forgot the Tree and were unable to recognize it. "Then Sa`id said (perhaps ironically) "The companions of the Prophet could not recognize it; nevertheless, you do recognize it; therefore you have a better knowledge."

Abu Dawud said: I heard Ahmad b. Hanbal say: I have corrupted this tradition for us. He was asked: Do you think that it is correct that this tradition has been corrupted? Has any person other than Ibn Abi Uwais transmitted it ? He replied: Ayyub was similar to him in respect of reliability, and Ayyub transmitted it.

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

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

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Fatima the daughter of the Prophet sent someone to Abu Bakr (when he was a caliph), asking for her inheritance of what Allah's Apostle had left of the property bestowed on him by Allah from the Fai (i.e. booty gained without fighting) in Medina, and Fadak, and what remained of the Khumus of the Khaibar booty. On that, Abu Bakr said, "Allah's Apostle said, "Our property is not inherited. Whatever we leave, is Sadaqa, but the family of (the Prophet) Muhammad can eat of this property.' By Allah, I will not make any change in the state of the Sadaqa of Allah's Apostle and will leave it as it was during the lifetime of Allah's Apostle, and will dispose of it as Allah's Apostle used to do." So Abu Bakr refused to give anything of that to Fatima. So she became angry with Abu Bakr and kept away from him, and did not task to him till she died. She remained alive for six months after the death of the Prophet. When she died, her husband `Ali, buried her at night without informing Abu Bakr and he said the funeral prayer by himself. When Fatima was alive, the people used to respect `Ali much, but after her death, `Ali noticed a change in the people's attitude towards him. So `Ali sought reconciliation with Abu Bakr and gave him an oath of allegiance. `Ali had not given the oath of allegiance during those months (i.e. the period between the Prophet's death and Fatima's death). `Ali sent someone to Abu Bakr saying, "Come to us, but let nobody come with you," as he disliked that `Umar should come, `Umar said (to Abu Bakr), "No, by Allah, you shall not enter upon them alone " Abu Bakr said, "What do you think they will do to me? By Allah, I will go to them' So Abu Bakr entered upon them, and then `Ali uttered Tashah-hud and said (to Abu Bakr), "We know well your superiority and what Allah has given you, and we are not jealous of the good what Allah has bestowed upon you, but you did not consult us in the question of the rule and we thought that we have got a right in it because of our near relationship to Allah's Apostle ." Thereupon Abu Bakr's eyes flowed with tears. And when Abu Bakr spoke, he said, "By Him in Whose Hand my soul is to keep good relations with the relatives of Allah's Apostle is dearer to me than to keep good relations with my own relatives. But as for the trouble which arose between me and you about his property, I will do my best to spend it according to what is good, and will not leave any rule or regulation which I saw Allah's Apostle following, in disposing of it, but I will follow." On that `Ali said to Abu Bakr, "I promise to give you the oath of allegiance in this after noon." So when Abu Bakr had offered the Zuhr prayer, he ascended the pulpit and uttered the Tashah-hud and then mentioned the story of `Ali and his failure to give the oath of allegiance, and excused him, accepting what excuses he had offered; Then `Ali (got up) and praying (to Allah) for forgiveness, he uttered Tashah-hud, praised Abu Bakr's right, and said, that he had not done what he had done because of jealousy of Abu Bakr or as a protest of that Allah had favored him with. `Ali added, "But we used to consider that we too had some right in this affair (of rulership) and that he (i.e. Abu Bakr) did not consult us in this matter, and therefore caused us to feel sorry." On that all the Muslims became happy and said, "You have done the right thing." The Muslims then became friendly with `Ali as he returned to what the people had done (i.e. giving the oath of allegiance to Abu Bakr).

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

Abu Dawud said: This tradition has been narrated by Yunus b. Jubair, Anas b. Sirin b. Jubair, Zaid b. Aslam, Abu al-Zubair and Mansur from Abu Wa'il on the authority of Ibn 'Umar. They all agreed on the theme that the Prophet (saws) commanded him to take her back (and keep her) till she was purified. Then if he desired, he might divorce her or keep her with him if he wanted to do so. The version narrated by al-Zuhri from Salim from Nafi' on the authority of Ibn 'Umar has: The Prophet (saws) commanded him to take her back (and keep her) till she is purified, and then has menstrual discharge, and then she is purified. Then if he desires, he may divorce her and if he desires he may keep her.

Abu Dawud said: A version like that of Nafi' and al-Zuhri has also been transmitted by 'Ata al-Khurasani from al-Hasan on the authority of Ibn 'Umar. All the versions of this tradition contradict the one narrated by Abu al-Zubair.

Hisham said : No sacrificial animal was offered during all this time.

In the version of Hammad bin Salamah, the narrator Musa added when the night of al-Batha came Ai’ shah was purified.

We came upon `Abdullah bin Mas`ud and he said "O people! If somebody knows something, he can say it, but if he does not know it, he should say, "Allah knows better,' for it is a sign of having knowledge to say about something which one does not know, 'Allah knows better.' Allah said to His Prophet: 'Say (O Muhammad ! ) No wage do I ask of You for this (Qur'an) nor am I one of the pretenders (a person who pretends things which do not exist).' (38.86) Now I will tell you about Ad- Dukhan (the smoke), Allah's Apostle invited the Quraish to embrace Islam, but they delayed their response. So he said, "O Allah! Help me against them by sending on them seven years of famine similar to the seven years of famine of Joseph." So the famine year overtook them and everything was destroyed till they ate dead animals and skins. People started imagining to see smoke between them and the sky because of severe hunger. Allah said: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. . . This is painful torment.' (44.10-11) (So they invoked Allah) "Our Lord! Remove the punishment from us really we are believers." How can there be an (effectual) reminder for them when an Apostle, explaining things clearly, has already come to them? Then they had turned away from him and said: 'One taught (by a human being), a madman?' 'We shall indeed remove punishment for a while, but truly, you will revert (to disbelief).' (44.12-15) Will the punishment be removed on the Day of Resurrection?" `Abdullah added, "The punishment was removed from them for a while but they reverted to disbelief, so Allah destroyed them on the Day of Badr. Allah said: 'The day We shall seize you with a mighty grasp. We will indeed (then) exact retribution." (44.16)