Jarir said to me, The Prophet said to me, "Won't you relieve me from Dhu-l-Khalasa?" And that was a house (in Yemem belonging to the tribe of) Khatham called Al-Ka`ba Al Yamaniya. I proceeded with one-hundred and-fifty cavalry from Ahmas (tribe) who were horse riders. I used not to sit firm on horses, so the Prophet stroke me over my chest till I saw the mark of his fingers over my chest, and then he said, 'O Allah! Make him (i.e. Jarir) firm and one who guides others and is guided on the right path." So Jarir proceeded to it dismantled and burnt it, and then sent a messenger to Allah's Apostle. The messenger of Jarir said (to the Prophet), "By Him Who sent you with the Truth, I did not leave that place till it was like a scabby camel." The Prophet blessed the horses of Ahmas and their men five times.

The delegation of `Abdul Qais came to the Prophet and said, "O Allah's Apostle We belong to the tribe of Rabi`a. The infidels of Mudar tribe intervened between us and you so that we cannot come to you except in the Sacred Months, so please order us some things we may act on and invite those left behind to act on. The Prophet said, "I order you to observe four things and forbid you from four things: (I order you) to believe in Allah, i.e. to testify that None has the right to be worshipped except Allah." The Prophet pointed with finger indicating one and added, "To offer prayers perfectly: to give Zakat, and to give one-fifth of the booty you win (for Allah's Sake). I forbid you to use Ad-Dubba', An-Naquir, Al-Hantam and Al-Muzaffat, (Utensils used for preparing alcoholic liquors and drinks).

Az-Zubair had three scars caused by the sword, one of which was over his shoulder and I used to insert my fingers in it. He received two of those wounds on the day of Badr and one on the day of Al-Yarmuk. When 'Abdullah bin Zubair was killed, 'Abdul-Malik bin Marwan said to me, "O 'Urwa, do you recognize the sword of Az-Zubair?" I said, "Yes." He said, "What marks does it have?" I replied, "It has a dent in its sharp edge which was caused in it on the day of Badr." 'Abdul- Malik said, "You are right! (i.e. their swords) have dents because of clashing with the regiments of the enemies Then 'Abdul-Malik returned that sword to me (i.e. Urwa). (Hisham, 'Urwa's son said, "We estimated the price of the sword as three-thousand (Dinars) and after that it was taken by one of us (i.e. the inheritors) and I wish I could have had it.")

His uncle (Anas bin An-Nadr) was absent from the battle of Badr and he said, "I was absent from the first battle of the Prophet (i.e. Badr battle), and if Allah should let me participate in (a battle) with the Prophet, Allah will see how strongly I will fight." So he encountered the day of Uhud battle. The Muslims fled and he said, "O Allah ! I appeal to You to excuse me for what these people (i.e. the Muslims) have done, and I am clear from what the pagans have done." Then he went forward with his sword and met Sad bin Mu'adh (fleeing), and asked him, "Where are you going, O Sad? I detect a smell of Paradise before Uhud." Then he proceeded on and was martyred. No-body was able to recognize him till his sister recognized him by a mole on his body or by the tips of his fingers. He had over 80 wounds caused by stabbing, striking or shooting with arrows.

On the day of (the battle) of Al-Yarmuk, the companions of Allah's Apostle said to Az-Zubair, "Will you attack the enemy so that we shall attack them with you?" Az-Zubair replied, "If I attack them, you people would not support me." They said, "No, we will support you." So Az-Zubair attacked them (i.e. Byzantine) and pierced through their lines, and went beyond them and none of his companions was with him. Then he returned and the enemy got hold of the bridle of his (horse) and struck him two blows (with the sword) on his shoulder. Between these two wounds there was a scar caused by a blow, he had received on the day of Badr (battle). When I was a child I used to play with those scars by putting my fingers in them. On that day (my brother) "Abdullah bin Az-Zubair was also with him and he was ten years old. Az-Zubair had carried him on a horse and let him to the care of some men.

Allah's Apostles said to me, "Will you relieve me from Dhul-Khalasa? Dhul-Khalasa was a house (of an idol) belonging to the tribe of Khath'am called Al-Ka`ba Al-Yama-niya. So, I proceeded with one hundred and fifty cavalry men from the tribe of Ahmas, who were excellent knights. It happened that I could not sit firm on horses, so the Prophet , stroke me over my chest till I saw his finger-marks over my chest, he said, 'O Allah! Make him firm and make him a guiding and rightly guided man.' " Jarir proceeded towards that house, and dismantled and burnt it. Then he sent a messenger to Allah's Apostle informing him of that. Jarir's messenger said, "By Him Who has sent you with the Truth, I did not come to you till I had left it like an emancipated or gabby camel (i.e. completely marred and spoilt)." Jarir added, "The Prophet asked for Allah's Blessings for the horses and the men of Ahmas five times."

Jarir bin `Abdullah said to me, "Allah's Apostle said to me, 'Won't you relieve me from Dhul- Khalasa?' Dhul-Khalasa was a house where the tribe of Khatham used to stay, and it used to be called Ka`bat-ul Yamaniya. So I proceeded with one hundred-and-fifty (men) from the tribe of Ahmas who were good cavalry. I informed the Prophet that I could not sit firm on horses, so he stroke me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man." Jarir set out towards that place, dismantled and burnt it, and then sent the good news to Allah's Apostle . The messenger of Jarir said to Allah's Apostle. "O Allah's Apostle! By Him Who has sent you with the Truth, I did not come to you till it (i.e. the house) had been turned (black) like a scabby camel (covered with tar)." So the Prophet invokes Allah to Bless the horses of the men of Ahmas five times.

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

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

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

Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, "Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you have anything to give her as a bride-price?" He said, "I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you give it to her you will not have a garment to wear so look for something else." He said, "I have nothing else." He said, "Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes. I know such-and-such a sura and such-and-such a sura," which he named. The Messengerof Allah, may Allah bless him and grant him peace, said to him, "I have married her to you for what you know of the Qur'an."

While I was sitting in the Mosque of Medina, there entered a man (Abdullah bin Salam) with signs of solemnity over his face. The people said, "He is one of the people of Paradise." He prayed two light rak`at and then left. I followed him and said, "When you entered the Mosque, the people said, 'He is one of the people of Paradise.' " He said, "By Allah, one ought not say what he does not know; and I will tell you why. In the lifetime of the Prophet I had a dream which I narrated to him. I saw as if I were in a garden." He then described its extension and greenery. He added: In its center there was an iron pillar whose lower end was fixed in the earth and the upper end was in the sky, and at its upper end there was a (ring-shaped) hand-hold. I was told to climb it. I said, "I can't." "Then a servant came to me and lifted my clothes from behind and I climbed till I reached the top (of the pillar). Then I got hold of the hand-hold, and I was told to hold it tightly, then I woke up and (the effect of) the handhold was in my hand. I narrated al I that to the Prophet who said, 'The garden is Islam, and the handhold is the Most Truth-worthy Hand-Hold. So you will remain as a Muslim till you die." The narrator added: "The man was `Abdullah bin Salam."

We were sitting with Ibn Masud when Khabbab came and said, "O Abu `Abdur-Rahman! Can these young fellows recite Qur'an as you do?" Ibn Mas`ud said, "If you wish I can order one of them to recite (Qur'an) for you ." Khabbab replied, "Yes. "Ibn Mas`ud said, "Recite, O 'Alqama!" On that, Zaid bin Hudair, the brother of Ziyad bin Hudair said, (to Ibn Mas`ud), "Why have you ordered 'Alqama to recite though he does not recite better than we?" Ibn Mas`ud said, "If you like, I would tell you what the Prophet said about your nation and his (i.e. 'Alqama's) nation." So I recited fifty Verses from Sura-Maryam. `Abdullah (bin Mas`ud) said to Khabbab, "What do you think (about 'Alqama's recitation)?" Khabbab said, "He has recited well." `Abdullah said, "Whatever I recite, 'Alqama recites." Then `Abdullah turned towards Khabbab and saw that he was wearing a gold ring, whereupon he said, "Hasn't the time for its throwing away come yet?" Khabbab said, "You will not see me wearing it after today," and he throw it away.

Allah's Prophet said, "When Allah decrees some order in the heaven, the angels flutter their wings indicating complete surrender to His saying which sounds like chains being dragged on rock. And when the state of fear disappears, they ask each other, "What has your Lord ordered? They say that He has said that which is true and just, and He is the Most High, the Most Great." (34.23). Then the stealthy listeners (devils) hear this order, and these stealthy listeners are like this, one over the other." (Sufyan, a sub-narrator demonstrated that by holding his hand upright and separating the fingers.) A stealthy listener hears a word which he will convey to that which is below him and the second will convey it to that which is below him till the last of them will convey it to the wizard or foreteller. Sometimes a flame (fire) may strike the devil before he can convey it, and sometimes he may convey it before the flame (fire) strikes him, whereupon the wizard adds to that word a hundred lies. The people will then say, 'Didn't he (i.e. magician) tell such-and-such a thing on such-and-such date?' So that magician is said to have told the truth because of the Statement which has been heard from the heavens."

Salim al-Barrad said: We came to AbuMas'ud Uqbah ibn Amr al-Ansari and said to him: Tell us about the prayer of the Messenger of Allah (saws).

He stood up before us in the mosque and said the takbir. When he bowed, he placed his hands upon his knees and put his fingers below, and kept his elbows (arms) away from his sides, so everything returned properly to its place. Then he said: "Allah listens to him who praises Him"; then he stood up so that everything returned properly to its place; then he said the takbir and prostrated and put the palms of his hands on the ground; he kept his elbow (arms) away from his sides, so that everything returned to its proper place. Then he raised his head and sat so that everything returned to its place; he then repeated it in a similar way. Then he offered four rak'ahs of prayer like this rak'ah and completed his prayer.

Then he said: Thus we witnessed the Messenger of Allah (saws) offering his prayer.

Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al- Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of ash-Sham complained to him about the bad air of their land and its heaviness. They said, "Only this drink helps." Umar said, "Drink this honey preparation." They said, "Honey does not help us." A man from the people of that land said, "Can we give you something of this drink which does not intoxicate?" He said, "Yes." They cooked it until two- thirds of it evaporated and one-third of it remained. Then they brought it to Umar. Umar put his finger in it and then lifted his head and extended it. He said, "This is fruit juice concentrated by boiling. This is like the distillation with which you smear the camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said to him, "You have made it halal, by Allah!" Umar said, "No, by Allah! O Allah! I will not make anything halal for them which You have made haram for them! I will not make anything haram for them which You have made halal for them."

The father or Uncle of Mujibah al-Bahiliyyah visited the Messenger of Allah (saws). He then went away and came to him (again) after one year when his condition and appearance had changed.

He said: Messenger of Allah, do you not recognize me? He asked: Who are you? He replied: I am al-Bahili who came to you last year. He said: What has changed you? You were looking well, then you were good in appearance? He said: I have only food at night since I departed from you.

Thereupon the Messenger of Allah (saws) said: Why did you torment yourself? Fast during Ramadan (the month of patience) and fast for one day every month. He said: Increase it for me, for I have (more) strength. He said: Fast two days. He again said: Increase it for me. He said: Fast three days. He again said: Increase it for me. He said: Fast during the inviolable months and then stop; fast during the inviolable months and then stop; fast during the inviolable months and then stop. He indicated by his three fingers, and joined them and then opened them.

(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."

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

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

Abu Dawud said: This tradition has been narrated by Ibn al-Mubarak from Fulaih who heard ‘Abbas . Sahl narrating it; but I do not remember it. I think he made the mention of ‘Isa b. ‘Abd Allah who heard ‘Abbas b. Sahl saying: I accompanied Abu Humaid al-Sa’idi.

Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."

Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."

He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."

Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."

Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.

Abu Huraira said, "Allah's Apostle led us in one of the two `Isha' prayers (Abu Huraira named that prayer but I forgot it)." Abu Huraira added, "He prayed two rak`at and then finished the prayer with Taslim. He stood up near a piece of wood Lying across the mosque and leaned on it in such a way as if he was angry. Then he put his right hand over the left and clasped his hands by interlacing his fingers and then put his J right cheek on the back of his left hand. The people who were in haste left the mosque through its gates. They wondered whether the prayer was reduced. And amongst them were Abu Bakr and `Umar but they hesitated to ask the Prophet. A long-handed man called Dhul- Yadain asked the Prophet, 'O Allah's Apostle! Have you forgotten or has the prayer been reduced?' The Prophet replied, 'I have neither forgotten nor has the prayer been reduced' The Prophet added, 'Is what Dhul Yadain has said true?' They (the people) said, 'Yes, it is true.' The Prophet stood up again and led the prayer, completing the remaining prayer, forgotten by him, and performed Taslim, and then said, 'Allahu Akbar.' And then he did a prostration as he used to prostrate or longer than that. He then raised his head saying, 'Allahu Akbar; he then again said, 'Allahu Akbar', and prostrated as he used to prostrate or longer than that. Then he raised his head and said, 'Allahu Akbar.' " (The subnarrator added, "I think that they asked (Ibn Seereen) whether the Prophet completed the prayer with Taslim. He replied, "I heard that `Imran bin Husain had said, 'Then he (the Prophet) did Taslim.")

Ibn Bashshar said in his version: Allah is above the throne, and the throne is above the heavens. He then mentioned the rest of the tradition. ‘Abd al-A’la, Ibn al- Muthana and Ibn Bashshar transmitted it from Ya’qub b. ‘Utbah and Jubair b. Muhammad b. Jubair from his father on the authority of his grandfather.

Abu Dawud said: This tradition with the chain of Ahmad b. Sa’ad is sound. It has been approved by the body (of traditionists) , which includes Yahya b. Ma’in and ‘Ali b. al-Madani, and a group has transmitted it from Ibn Ishaq, as Ahmad also said. And so far as I have been informed ‘Abd al-A’la, Ibn al-Muthanna, and Ibn Bashshar had heard from the same copy(of the collection of tradition).

My uncle Anas bin An-Nadr was absent from the Battle of Badr. He said, "O Allah's Apostle! I was absent from the first battle you fought against the pagans. (By Allah) if Allah gives me a chance to fight the pagans, no doubt. Allah will see how (bravely) I will fight." On the day of Uhud when the Muslims turned their backs and fled, he said, "O Allah! I apologize to You for what these (i.e. his companions) have done, and I denounce what these (i.e. the pagans) have done." Then he advanced and Sa`d bin Mu`adh met him. He said "O Sa`d bin Mu`adh ! By the Lord of An-Nadr, Paradise! I am smelling its aroma coming from before (the mountain of) Uhud," Later on Sa`d said, "O Allah's Apostle! I cannot achieve or do what he (i.e. Anas bin An-Nadr) did. We found more than eighty wounds by swords and arrows on his body. We found him dead and his body was mutilated so badly that none except his sister could recognize him by his fingers." We used to think that the following Verse was revealed concerning him and other men of his sort: "Among the believers are men who have been true to their covenant with Allah.........." (33.23) His sister Ar-Rubbaya' broke a front tooth of a woman and Allah's Apostle ordered for retaliation. On that Anas (bin An-Nadr) said, "O Allah's Apostle! By Him Who has sent you with the Truth, my sister's tooth shall not be broken." Then the opponents of Anas's sister accepted the compensation and gave up the claim of retaliation. So Allah's Apostle said, "There are some people amongst Allah's slaves whose oaths are fulfilled by Allah when they take them."

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

The Prophet said, "None spoke in cradle but three: (The first was) Jesus, (the second was), there a man from Bani Israel called Juraij. While he was offering his prayers, his mother came and called him. He said (to himself), 'Shall I answer her or keep on praying?" (He went on praying) and did not answer her, his mother said, "O Allah! Do not let him die till he sees the faces of prostitutes." So while he was in his hermitage, a lady came and sought to seduce him, but he refused. So she went to a shepherd and presented herself to him to commit illegal sexual intercourse with her and then later she gave birth to a child and claimed that it belonged to Juraij. The people, therefore, came to him and dismantled his hermitage and expelled him out of it and abused him. Juraij performed the ablution and offered prayer, and then came to the child and said, 'O child! Who is your father?' The child replied, 'The shepherd.' (After hearing this) the people said, 'We shall rebuild your hermitage of gold,' but he said, 'No, of nothing but mud.'(The third was the hero of the following story) A lady from Bani Israel was nursing her child at her breast when a handsome rider passed by her. She said, 'O Allah ! Make my child like him.' On that the child left her breast, and facing the rider said, 'O Allah! Do not make me like him.' The child then started to suck her breast again. (Abu Huraira further said, "As if I were now looking at the Prophet sucking his finger (in way of demonstration.") After a while the people passed by, with a lady slave and she (i.e. the child's mother) said, 'O Allah! Do not make my child like this (slave girl)!, On that the child left her breast and said, 'O Allah! Make me like her.' When she asked why, the child replied, 'The rider is one of the tyrants while this slave girl is falsely accused of theft and illegal sexual intercourse."

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

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

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

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

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

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

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

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

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

We went out to Khaibar in the company of the Prophet. While we were proceeding at night, a man from the group said to 'Amir, "O 'Amir! Won't you let us hear your poetry?" 'Amir was a poet, so he got down and started reciting for the people poetry that kept pace with the camels' footsteps, saying:-- "O Allah! Without You we Would not have been guided On the right path Neither would be have given In charity, nor would We have prayed. So please forgive us, what we have committed (i.e. our defects); let all of us Be sacrificed for Your Cause And send Sakina (i.e. calmness) Upon us to make our feet firm When we meet our enemy, and If they will call us towards An unjust thing, We will refuse. The infidels have made a hue and Cry to ask others' help Against us." The Prophet on that, asked, "Who is that (camel) driver (reciting poetry)?" The people said, "He is 'Amir bin Al-Akwa`." Then the Prophet said, "May Allah bestow His Mercy on him." A man amongst the people said, "O Allah's Prophet! has (martyrdom) been granted to him. Would that you let us enjoy his company longer." Then we reached and besieged Khaibar till we were afflicted with severe hunger. Then Allah helped the Muslims conquer it (i.e. Khaibar). In the evening of the day of the conquest of the city, the Muslims made huge fires. The Prophet said, "What are these fires? For cooking what, are you making the fire?" The people replied, "(For cooking) meat." He asked, "What kind of meat?" They (i.e. people) said, "The meat of donkeys." The Prophet said, "Throw away the meat and break the pots!" Some man said, "O Allah's Apostle! Shall we throw away the meat and wash the pots instead?" He said, "(Yes, you can do) that too." So when the army files were arranged in rows (for the clash), 'Amir's sword was short and he aimed at the leg of a Jew to strike it, but the sharp blade of the sword returned to him and injured his own knee, and that caused him to die. When they returned from the battle, Allah's Apostle saw me (in a sad mood). He took my hand and said, "What is bothering you?" I replied, "Let my father and mother be sacrificed for you! The people say that the deeds of 'Amir are lost." The Prophet said, "Whoever says so, is mistaken, for 'Amir has got a double reward." The Prophet raised two fingers and added, "He (i.e. Amir) was a persevering struggler in the Cause of Allah and there are few 'Arabs who achieved the like of (good deeds) 'Amir had done."

Abu Dawud said: This tradition has been transmitted from al-Zuhri by Ma'mar, Malik, Ibn 'Uyainah, Shu'aib b. Abi Hamzah, and al-Laith b. Sa'd and others; but they did not mention the time in which he (the Prophet) had prayer, nor did they explain it. And similarly it has been narrated by Hisham b. 'Urwah and Habib b. Abu Mazruq from 'Urwah like the report of Ma'mar and his companions. But Habib did not make a mention of Bashir. And Wahb b. Kaisan reported on the authority of Jabir from the Prophet (saws) the time of the Maghrib prayer. He said: "Next day he (Gabriel) came to him at the time of the Maghrib prayer when the sun had already set. (He came both days) at the same time."

Abu Dawud said: Similarly, this tradition has been transmitted by Abu Hurairah from the Prophet (saws). He said: "Then he (Gabriel) led me in the sunset prayer next day at the same time."

Similarly, this tradition has been narrated through a different chain by 'Abd Allah b. 'Amr b. al-'As, through a chain from Hassan b. 'Atiyyah, from 'Amr b. Shu'aib, from his father, on the authority from the Prophet (saws).

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have there lived in it (i.e., Medina or the battle-field) an "Arab like him."

Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator `Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was `Umar bin Al- Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, `Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator `Auf added that Abu Raja' had named him but he had forgotten) and `Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and poured some water into the pot. Then he closed the big openings of the bags and opened the small ones and the people were called upon to drink and water their animals. So they all watered their animals and they (too) all quenched their thirst and also gave water to others and last of all the Prophet gave a pot full of water to the person who was Junub and told him to pour it over his body. The woman was standing and watching all that which they were doing with her water. By Allah, when her water bags were returned the looked like as if they were more full (of water) than they had been before (Miracle of Allah's Apostle) Then the Prophet ordered us to collect something for her; so dates, flour and Sawiq were collected which amounted to a good meal that was put in a piece of cloth. She was helped to ride on her camel and that cloth full of foodstuff was also placed in front of her and then the Prophet said to her, "We have not taken your water but Allah has given water to us." She returned home late. Her relatives asked her: "O so and so what has delayed you?" She said, "A strange thing! Two men met me and took me to the man who is called the Sabi' and he did such and such a thing. By Allah, he is either the greatest magician between this and this (gesturing with her index and middle fingers raising them towards the sky indicating the heaven and the earth) or he is Allah's true Apostle." Afterwards the Muslims used to attack the pagans around her abode but never touched her village. One day she said to her people, "I think that these people leave you purposely. Have you got any inclination to Islam?" They obeyed her and all of them embraced Islam. Abu `Abdullah said: The word Saba'a means "The one who has deserted his old religion and embraced a new religion." Abul 'Ailya [??] said, "The S`Abis are a sect of people of the Scripture who recite the Book of Psalms."

Ya`la bin Muslim and `Amr bin Dinar and some others narrated the narration of Sa`id bin Jubair. Narrated Sa`id: While we were at the house of Ibn `Abbas, Ibn `Abbas said, "Ask me (any question)" I said, "O Abu `Abbas! May Allah let me be sacrificed for you ! There is a man at Kufa who is a storyteller called Nauf; who claims that he (Al-Khadir's companion) is not Moses of Bani Israel." As for `Amr, he said to me, "Ibn `Abbas said, "(Nauf) the enemy of Allah told a lie." But Ya`la said to me, "Ibn `Abbas said, Ubai bin Ka`b said, Allah's Apostle said, 'Once Moses, Allah's Apostle, preached to the people till their eyes shed tears and their hearts became tender, whereupon he finished his sermon. Then a man came to Moses and asked, 'O Allah's Apostle! Is there anyone on the earth who is more learned than you?' Moses replied, 'No.' So Allah admonished him (Moses), for he did not ascribe all knowledge to Allah. It was said, (on behalf of Allah), 'Yes, (there is a slave of ours who knows more than you ).' Moses said, 'O my Lord! Where is he?' Allah said, 'At the junction of the two seas.' Moses said, 'O my Lord ! Tell I me of a sign whereby I will recognize the place.' " `Amr said to me, Allah said, "That place will be where the fish will leave you." Ya`la said to me, "Allah said (to Moses), 'Take a dead fish (and your goal will be) the place where it will become alive.' " So Moses took a fish and put it in a basket and said to his boy-servant "I don't want to trouble you, except that you should inform me as soon as this fish leaves you." He said (to Moses)." You have not demanded too much." And that is as mentioned by Allah: 'And (remember) when Moses said to his attendant .... ' (18.60) Yusha` bin Noon. (Sa`id did not state that). The Prophet said, "While the attendant was in the shade of the rock at a wet place, the fish slipped out (alive) while Moses was sleeping. His attend an said (to himself), "I will not wake him, but when he woke up, he forgot to tell him The fish slipped out and entered the sea. Allah stopped the flow of the sea. where the fish was, so that its trace looked as if it was made on a rock. `Amr forming a hole with his two thumbs an index fingers, said to me, "Like this, as in its trace was made on a rock." Moses said "We have suffered much fatigue on this journey of ours." (This was not narrated by Sa`id). Then they returned back and found Al-Khadir. `Uthman bin Abi Sulaiman said to me, (they found him) on a green carpet in the middle of the sea. Al-Khadir was covered with his garment with one end under his feet and the other end under his head. When Moses greeted, he uncovered his face and said astonishingly, 'Is there such a greeting in my land? Who are you?' Moses said, 'I am Moses.' Al- Khadir said, 'Are you the Moses of Bani Israel?' Moses said, 'Yes.' Al-Khadir said, "What do you want?' Moses said, ' I came to you so that you may teach me of the truth which you were taught.' Al- Khadir said, 'Is it not sufficient for you that the Torah is in your hands and the Divine Inspiration comes to you, O Moses? Verily, I have a knowledge that you ought not learn, and you have a knowledge which I ought not learn.' At that time a bird took with its beak (some water) from the sea: Al-Khadir then said, 'By Allah, my knowledge and your knowledge besides Allah's Knowledge is like what this bird has taken with its beak from the sea.' Until, when they went on board the boat (18.71). They found a small boat which used to carry the people from this sea-side to the other sea-side. The crew recognized Al-Khadir and said, 'The pious slave of Allah.' (We said to Sa`id "Was that Khadir?" He said, "Yes.") The boat men said, 'We will not get him on board with fare.' Al-Khadir scuttled the boat and then plugged the hole with a piece of wood. Moses said, 'Have you scuttled it in order to drown these people surely, you have done a dreadful thing. (18.71) (Mujahid said. "Moses said so protestingly.") Al-Khadir said, didn't I say that you can have no patience with me?' (18.72) The first inquiry of Moses was done because of forgetfulness, the second caused him to be bound with a stipulation, and the third was done intentionally. Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you).' (18.73) (Then) they found a boy and Al-Khadir killed him. Ya`la- said: Sa`id said 'They found boys playing and Al-Khadir got hold of a handsome infidel boy laid him down and then slew him with knife. Moses said, 'Have you killed a innocent soul who has killed nobody' (18.74) Then they proceeded and found a wall which was on the point of falling down, and Al-Khadir set it up straight. Sa`id moved his hand thus and said 'Al-Khadir raised his hand and the wall became straight. Ya`la said, 'I think Sa`id said, 'Al-Khadir touched the wall with his hand and it became straight (Moses said to Al-Khadir), 'If you had wished, you could have taken wages for it.' Sa`id said, 'Wages that we might had eaten.' And there was a king in furor (ahead) of them" (18.79) And there was in front of them. Ibn `Abbas recited: 'In front of them (was) a king.' It is said on the authority of somebody other than Sa`id that the king was Hudad bin Budad. They say that the boy was called Haisur. 'A king who seized every ship by force. (18.79) So I wished that if that boat passed by him, he would leave it because of its defect and when they have passed they would repair it and get benefit from it. Some people said that they closed that hole with a bottle, and some said with tar. 'His parents were believers, and he (the boy) was a non-believer and we (Khadir) feared lest he would oppress them by obstinate rebellion and disbelief.' (18.80) (i.e. that their love for him would urge them to follow him in his religion, 'so we (Khadir) desired that their Lord should change him for them for one better in righteousness and near to mercy' (18:81). This was in reply to Moses' saying: Have you killed an innocent soul.'? (18.74). 'Near to mercy" means they will be more merciful to him than they were to the former whom Khadir had killed. Other than Sa`id, said that they were compensated with a girl. Dawud bin Abi `Asim said on the authority of more than one that this next child was a girl.

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

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

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

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

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

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

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

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

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

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

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

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