Yahya related to me from Malik from Abu Hazim Salama ibn Dinar from Sahl ibn Said as-Saidi that the Messenger of Allah, may Allah bless him and grant him peace, went to the tribe of Bani Amr ibn Awf to settle their disputes .The time for the prayer came and the muadhdhin came to Abu Bakr as-Siddiq and said, "Could you lead the people in prayer and I will say the iqama?" He said, "Yes," and Abu Bakr prayed. The Messenger of Allah, may Allah bless him and grant him peace, came back while the people were praying, and approached and joined the row. People clapped, but Abu Bakr did not turn round. The people increased their clapping, and Abu Bakr turned round and saw the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, indicated to him to stay in his place. Abu Bakr raised his hands and praised Allah that the Messenger of Allah, may Allah bless him and grant him peace, had told him to do that. Then he drew back until he was in the row, and the Messenger of Allah, may Allah bless him and grant him peace, stepped forward and led the prayer. When he had finished he said, "Abu Bakr, what stopped you from staying put like I told you?" Abu Bakr said, "It is not for Ibn Abi Quhafa to pray in front of the Messenger of Allah, may Allah bless him and grant him peace."

The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did I see you all clapping so much? If something happens to you in the prayer you should say 'Subhana-llah' (Glory be to Allah), and when you say 'Subhana-llah' you will be heard. Clapping is only for women."

Yahya related to me from Malik from Abdullah ibn Abdullah ibn Jabir ibn Atik that Atik ibn al-Harith, the grandfather of Abdullah ibn Abdullah ibn Jabir on his mother's side, told him that Jabir ibn Atik had told him that the Messenger of Allah, may Allah bless him and grant him peace, came to visit Abdullah ibn Thabit and found him in his death-throes. He called to him but he did not reply. The Messenger of Allah, may Allah bless him and grant him peace, said, "We belong to Allah, and to Him we are returning," and added, "You are being taken from us, Abur-Rabi`." The women cried out and wept, and Jabir began to silence them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave them, and when the necessary time comes, none of the women should cry." They said, "Messenger of Allah, what is the necessary time?" and he replied, "When he dies." The dying man's daughter said, "By Allah, I hope that you will be a martyr, for you have completed your preparations for battle," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah has made his reward fall according to his intention. What do you consider dying a martyr to be?" They said, "Death in the way of Allah." The Messenger of Allah, may Allah bless him and grant him peace, said, "There are seven kinds of martyr other than those killed in the way of Allah. Someone who is killed by the plague is a martyr, someone who drowns is a martyr, someone who dies of pleurisy is a martyr, someone who dies of a disease of the belly is a martyr, someone who dies by fire is a martyr, someone who dies under a falling building is a martyr and a woman who dies in childbirth is a martyr."

The People of Kufa complained against Sa`d to `Umar and the latter dismissed him and appointed `Ammar as their chief . They lodged many complaints against Sa`d and even they alleged that he did not pray properly. `Umar sent for him and said, "O Aba 'Is-haq! These people claim that you do not pray properly." Abu 'Is-haq said, "By Allah, I used to pray with them a prayer similar to that of Allah's Apostle and I never reduced anything of it. I used to prolong the first two rak`at of `Isha prayer and shorten the last two rak`at." `Umar said, "O Aba 'Is-haq, this was what I thought about you." And then he sent one or more persons with him to Kufa so as to ask the people about him. So they went there and did not leave any mosque without asking about him. All the people praised him till they came to the mosque of the tribe of Bani `Abs; one of the men called Usama bin Qatada with a surname of Aba Sa`da stood up and said, "As you have put us under an oath; I am bound to tell you that Sa`d never went himself with the army and never distributed (the war booty) equally and never did justice in legal verdicts." (On hearing it) Sa`d said, "I pray to Allah for three things: O Allah! If this slave of yours is a liar and got up for showing off, give him a long life, increase his poverty and put him to trials." (And so it happened). Later on when that person was asked how he was, he used to reply that he was an old man in trial as the result of Sa`d's curse. `Abdul Malik, the sub narrator, said that he had seen him afterwards and his eyebrows were overhanging his eyes owing to old age and he used to tease and assault the small girls in the way.

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

That the Prophet (saws) said: "Gold for gold, kind for kind; silver for silver, kind for kind; dried-dates for dried-dates, kind for kind; wheat for wheat, kind for kind; salt for salt, kind for kind; and barley for barley, kind for kind. Whoever increases or seeks an increase, then he dealt with Riba. Sell gold for silver as you wish, hand to hand; and sell wheat for dried-dates as you wish, hand to hand; and sell barley for dried-dates as you wish, hand to hand."

[He said:] There are narrations on this topic from Abu Sa'eed, Abu Hurairah, Bilal, And Anas.

[Abu 'Eisa said:] The Hadith of 'Ubadah bin As-Samit is Hasan Sahih. Some of them reported this Hadith from Khalid, with this chain, and he said: "Sell wheat for barley as you wish, hand to hand."

Some of them reported this Hadith from Khalid, from Abu Qilabah, from Ash'ath, from 'Ubadah from the Prophet (saws). In that Hadith, they added that Khalid said: "Abu Qilabah said: "Sell wheat for barley as you wish, hand to hand."

This Hadith is acted upon according to the people of knowledge, they do not think that one may sell wheat for wheat except when it is the same kind for the same kind, and (the same for) barely in exchange for barley, kind for kind. When the items are themselves different, then there is no harm in one being more than the other if it is hand to hand. This is saying of most of the people of knowledge among the Companions of the Prophet (saws) and others. It is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq. Ash-Shafi'i said: "And the proof for that is the saying of the Prophet (saws): 'Sell barley for wheat as you wish, hand to hand.'"

[Abu 'Eisa said:] Some of the people of knowledge considered it disliked that wheat be sold for barely unless it was kind for kind. This is the view of Malik bin Anas, but the first view is more correct.

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."

Allah's Apostle sent us who were three-hundred riders under the command of Abu Ubaida bin Al- Jarrah in order to watch the caravan of the Quraish pagans. We stayed at the seashore for half a month and were struck with such severe hunger that we ate even the Khabt (i.e. the leaves of the Salam, a thorny desert tree), and because of that, the army was known as Jaish-ul-Khabt. Then the sea threw out, an animal (i.e. a fish) called Al-`Anbar and we ate of that for half a month, and rubbed its fat on our bodies till our bodies returned to their original state (i.e. became strong and healthy). Abu Ubaida took one of its ribs, fixed it on the ground; then he went to the tallest man of his companions (to let him pass under the rib). Once Sufyan said, "He took a rib from its parts and fixed it, and then took a man and camel and they passed from underneath it (without touching it). " Jabir added: There was a man amongst the people who slaughtered three camels and then slaughtered another three camels and then slaughtered other three camels, and then Abu 'Ubaida forbade him to do so. Narrated Abu Salih: Qais bin Sa`d said to his father. "I was present in the army and the people were struck with severe hunger." He said, "You should have slaughtered (camels) (for them)." Qais said, "I did slaughter camels but they were hungry again. He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again but the people felt hungry again." He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again, but the people again felt hungry." He said, "You should have slaughtered (camels) again." Qais said, "But I was forbidden (by Abu 'Ubaida this time).

Allah's Apostle said to me, "If the revenue of Al-Bahrain should come, I will give you so much and so much," repeating "so much" thrice. But the revenue of Al-Bahrain did not come till Allah's Apostle had died. When the revenue came during the rule of Abu Bakr. Abu Bakr ordered an announcer to announce, "Whoever had any debt or promise due upon the Prophet, should present himself to me (i.e. Abu Bakr). I came to Abu Bakr and informed him that the Prophet had said (to me), "If the revenue of Al-Bahrain should come, I will give you so-much and so much," repeating "so much" thrice. So Abu Bakr gave me (in another narration Jaibir said,). I met Abu Bakr after that and asked him (to give me what the Prophet had promised me) but he did not give me. I again went to him but he did not give me. I again went to him (for the third time) but he did not give me; On that I said to him, "I came to you but you did not give me, then I came to you and you did not give me, and then again I came to you, but you did not give me; so you should either give me or else you are like a miserly to me, on that, Abu Bakr said, "Do you say, 'You are like a miserly to me?' There is no worse disease than miserliness." Abu Bakr said it thrice and added, "Whenever I refused to give you, I had the intention of giving you." (In another narration) Jabir bin `Abdullah said, "I went to Abu Bakr (and he gave me a handful of money) and told me to count it, I counted and found it five-hundred, and then Abu Bakr said (to me), "Take the same amount twice."

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”

Abu Dawud said: This is operative in the obligatory prayer.

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

I went out with 'Ubaidullah bin `Adi Al-Khaiyar. When we reached Hims (i.e. a town in Syria), 'Ubaidullah bin `Adi said (to me), "Would you like to see Wahshi so that we may ask him about the killing of Hamza?" I replied, "Yes." Wahshi used to live in Hims. We enquired about him and somebody said to us, "He is that in the shade of his palace, as if he were a full water skin." So we went up to him, and when we were at a short distance from him, we greeted him and he greeted us in return. 'Ubaidullah was wearing his turban and Wahshi could not see except his eyes and feet. 'Ubaidullah said, "O Wahshi! Do you know me?" Wahshi looked at him and then said, "No, by Allah! But I know that `Adi bin Al-Khiyar married a woman called Um Qital, the daughter of Abu Al-Is, and she delivered a boy for him at Mecca, and I looked for a wet nurse for that child. (Once) I carried that child along with his mother and then I handed him over to her, and your feet resemble that child's feet." Then 'Ubaidullah uncovered his face and said (to Wahshi), "Will you tell us (the story of) the killing of Hamza?" Wahshi replied "Yes, Hamza killed Tuaima bin `Adi bin Al-Khaiyar at Badr (battle) so my master, Jubair bin Mut`im said to me, 'If you kill Hamza in revenge for my uncle, then you will be set free." When the people set out (for the battle of Uhud) in the year of 'Ainain ..'Ainain is a mountain near the mountain of Uhud, and between it and Uhud there is a valley.. I went out with the people for the battle. When the army aligned for the fight, Siba' came out and said, 'Is there any (Muslim) to accept my challenge to a duel?' Hamza bin `Abdul Muttalib came out and said, 'O Siba'. O Ibn Um Anmar, the one who circumcises other ladies! Do you challenge Allah and His Apostle?' Then Hamza attacked and killed him, causing him to be non-extant like the bygone yesterday. I hid myself under a rock, and when he (i.e. Hamza) came near me, I threw my spear at him, driving it into his umbilicus so that it came out through his buttocks, causing him to die. When all the people returned to Mecca, I too returned with them. I stayed in (Mecca) till Islam spread in it (i.e. Mecca). Then I left for Taif, and when the people (of Taif) sent their messengers to Allah's Apostle, I was told that the Prophet did not harm the messengers; So I too went out with them till I reached Allah's Apostle. When he saw me, he said, 'Are you Wahshi?' I said, 'Yes.' He said, 'Was it you who killed Hamza?' I replied, 'What happened is what you have been told of.' He said, 'Can you hide your face from me?' So I went out when Allah's Apostle died, and Musailamah Al-Kadhdhab appeared (claiming to be a prophet). I said, 'I will go out to Musailamah so that I may kill him, and make amends for killing Hamza. So I went out with the people (to fight Musailamah and his followers) and then famous events took place concerning that battle. Suddenly I saw a man (i.e. Musailamah) standing near a gap in a wall. He looked like an ash-colored camel and his hair was dishevelled. So I threw my spear at him, driving it into his chest in between his breasts till it passed out through his shoulders, and then an Ansari man attacked him and struck him on the head with a sword. `Abdullah bin `Umar said, 'A slave girl on the roof of a house said: Alas! The chief of the believers (i.e. Musailamah) has been killed by a black slave."

[Muslim].

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

On the day of Hunayn we travelled with the Messenger of Allah (saws) and we journeyed for a long time until the evening came. I attended the prayer along with the Messenger of Allah (saws).

A horseman came and said: Messenger of Allah, I went before you and climbed a certain mountain where saw Hawazin all together with their women, cattle, and sheep, having gathered at Hunayn.

The Messenger of Allah (saws) smiled and said: That will be the booty of the Muslims tomorrow if Allah wills. He then asked: Who will be on guard tonight?

Anas ibn AbuMarthad al-Ghanawi said: I shall , Messenger of Allah. He said: Then mount your horse. He then mounted his horse, and came to the Messenger of Allah (saws).

The Messenger of Allah said to him: Go forward to this ravine till you get to the top of it. We should not be exposed to danger from your side. In the morning the Apostle of of Allah (saws) came out to his place of prayer, and offered two rak'ahs. He then said: Have you seen any sign of your horseman?

They said: We have not, Messenger of Allah. The announcement of the time for prayer was then made, and while the Messenger of Allah (saws) was saying the prayer, he began to glance towards the ravine. When he finished his prayer and uttered salutation, he said: Cheer up, for your horseman has come. We therefore began to look between the trees in the ravine, and sure enough he had come.

He stood beside the Messenger of Allah (saws), saluted him and said: I continued till I reached the top of this ravine where the Messenger of Allah (saws) commanded me, and in the morning I looked down into both ravines but saw no one.

The Messenger of Allah (saws) asked him: Did you dismount during the night?

He replied: No, except to pray or to relieve myself. The Messenger of Allah (saws) said: You have ensured your entry to (Paradise). No blame will be attached to you supposing you do not work after it.

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).

When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'

Abu Talha said to Um Sulaim, "I have heard the voice of Allah's Apostle which was feeble, and I think that he is hungry. Have you got something (to eat)?" She took out some loaves of barley bread, then took her face-covering sheet and wrapped the bread in part of it, and pushed it under my garment and turned the rest of it around my body and sent me to Allah's Apostle . I went with that, and found Allah's Apostle in the mosque with some people. I stood up near them, and Allah's Apostle asked me, "Have you been sent by Abu Talha?" I said, "Yes." He asked, "With some food (for us)?" I said, "Yes." Then Allah's Apostle said to all those who were with him, "Get up!" He set out (and all the people accompanied him) and I proceeded ahead of them till I came to Abu Talha. Abu Talha then said, "O Um Sulaim! Allah's Apostle has arrived along with the people, and we do not have food enough to feed them all." She said, "Allah and His Apostle know better." So Abu Talha went out till he met Allah's Apostle. Then Abu Talha and Allah's Apostle came and entered the house. Allah's Apostle said, "Um Sulaim ! Bring whatever you have." She brought that very bread. The Prophet ordered that it be crushed into small pieces, and Um Sulaim pressed a skin of butter on it. Then Allah's Apostle said whatever Allah wished him to say (to bless the food) and then added, "Admit ten (men)." So they were admitted, ate their fill and went out. The Prophet then said, "Admit ten (more)." They were admitted, ate their full, and went out. He then again said, "Admit ten more!" They were admitted, ate their fill, and went out. He admitted ten more, and so all those people ate their fill, and they were eighty men.

The Prophet said, "Time has come back to its original state which it had on the day Allah created the Heavens and the Earth. The year is twelve months, four of which are sacred, three of them are in succession, namely Dhul-Qa'da, Dhul Hijja and Muharram, (the fourth being) Rajab Mudar which is between Juma'da (ath-thamj and Sha'ban. The Prophet then asked, "Which month is this?" We said, "Allah and his Apostle know better." He kept silent so long that we thought that he would call it by a name other than its real name. He said, "Isn't it the month of Dhul-Hijja?" We said, "Yes." He said, "Which town is this?" We said, "Allah and His Apostle know better." He kept silent so long that we thought that he would call it t,y a name other than its real name. He said, "isn't it the town (of Mecca)?" We replied, "Yes." He said, "What day is today?" We replied, "Allah and His Apostle know better." He kept silent so long that we thought that he would call it by a name other than its real name. He said, "Isn't it the day of Nahr?" We replied, "Yes." He then said, "Your blood, properties and honor are as sacred to one another as this day of yours in this town of yours in this month of yours. You will meet your Lord, and He will ask you about your deeds. Beware! Do not go astray after me by cutting the necks of each other. It is incumbent upon those who are present to convey this message to those who are absent, for some of those to whom it is conveyed may comprehend it better than some of those who have heard it directly." (Muhammad, the sub-narrator, on mentioning this used to say: The Prophet then said, "No doubt! Haven't I delivered (Allah's) Message (to you)? Haven't I delivered Allah's message (to you)?"

Abu Bakr invited a group of people and told me, "Look after your guests." Abu Bakr added, I am going to visit the Prophet and you should finish serving them before I return." `Abdur-Rahman said, So I went at once and served them with what was available at that time in the house and requested them to eat." They said, "Where is the owner of the house (i.e., Abu Bakr)?" `Abdur-Rahman said, "Take your meal." They said, "We will not eat till the owner of the house comes." `Abdur-Rahman said, "Accept your meal from us, for if my father comes and finds you not having taken your meal yet, we will be blamed severely by him, but they refused to take their meals . So I was sure that my father would be angry with me. When he came, I went away (to hide myself) from him. He asked, "What have you done (about the guests)?" They informed him the whole story. Abu Bakr called, "O `Abdur Rahman!" I kept quiet. He then called again. "O `Abdur-Rahman!" I kept quiet and he called again, "O ignorant (boy)! I beseech you by Allah, if you hear my voice, then come out!" I came out and said, "Please ask your guests (and do not be angry with me)." They said, "He has told the truth; he brought the meal to us." He said, "As you have been waiting for me, by Allah, I will not eat of it tonight." They said, "By Allah, we will not eat of it till you eat of it." He said, I have never seen a night like this night in evil. What is wrong with you? Why don't you accept your meals of hospitality from us?" (He said to me), "Bring your meal." I brought it to him, and he put his hand in it, saying, "In the name of Allah. The first (state of fury) was because of Satan." So Abu Bakr ate and so did his guests.

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

The Prophet said, "Time has taken its original shape which it had when Allah created the Heavens and the Earth. The year is of twelve months, four of which are sacred, and out of these (four) three are in succession, i.e. Dhul-Qa'da, Dhul-Hijja and Al-Muharram, and the fourth is Rajab which is named after the Mudar tribe, between (the month of) Jumaida (ath-thania) and Sha'ban." Then the Prophet asked, "Which is this month?" We said, "Allah and His Apostle know better." On that the Prophet kept quiet so long that we thought that he might name it with another name. Then the Prophet said, "Isn't it the month of Dhul-Hijja?" We replied, "Yes." Then he said, "Which town is this?" "We replied, "Allah and His Apostle know better." On that he kept quiet so long that we thought that he might name it with another name. Then he said, "Isn't it the town of Mecca?" We replied, "Yes, " Then he said, "Which day is today?" We replied, "Allah and His Apostle know better." He kept quiet so long that we thought that he might name it with another name. Then he said, "Isn't it the day of An- Nahr (i.e. sacrifice)?" We replied, "Yes." He said, "So your blood, your properties, (The sub-narrator Muhammad said, 'I think the Prophet also said: And your honor..) are sacred to one another like the sanctity of this day of yours, in this city of yours, in this month of yours; and surely, you will meet your Lord, and He will ask you about your deeds. Beware! Do not become infidels after me, cutting the throats of one another. It is incumbent on those who are present to convey this message (of mine) to those who are absent. May be that some of those to whom it will be conveyed will understand it better than those who have actually heard it." (The sub-narrator, Muhammad, on remembering that narration, used to say, "Muhammad spoke the truth!") He (i.e. Prophet) then added twice, "No doubt! Haven't I conveyed (Allah's Message) to you?"

Ibn 'Umar used to let out his land till it reached him that Rafi' b. Khadij al-Ansari narrated that the Messenger of Allah (saws) forbade let out land. So 'Abd Allah (b. 'Umar) said: Ibn Khadij, what do you narrate from the Messenger of Allah (saws) about leasing the land? Rafi' replied to 'Abd Allah b. 'Umar: I heard both of my uncles were present in the battle of Badr say, and they narrated it to the members of the family, that the Messenger of Allah (saws) forbade leasing land. 'Abd Allah said: I swear by Allah, I knew that land was leased in the time of the Messenger of Allah (saws). 'Abd Allah then feared that the Messenger of Allah (saws) might have created something new in that matter, so he gave up leasing land.

Abu Dawud said: This tradition has also been transmitted by Ayyub, 'Ubaid Allah, Kathir b. Farqad, Malik from Nafi' on the authority of Rafi' from the Prophet (saws). It has also been transmitted by al-Auzai' from Hafs b. 'Inan al-Hanafi from Nafi' from Rafi' who said: I heard the Messenger of Allah (saws) say: Similarly, it has been transmitted by Zaid b. Abi Unaisah from al-Hakkam from Nafi' from Ibn 'Umar that he went to Rafi' and asked: Have you heard the Messenger of Allah (saws) say? He replied: Yes. Similarly, it has also been transmitted by 'Ikrimah b. 'Ammar from Abu al-Najashi, from Rafi' b. Khadij who said: I heard the Prophet (saws) say. It has also been transmitted by al-Auza'i from Abu al-Najashi from Rafi' b. Khadij from his uncle Zuhair b. Rafi' from the Prophet (saws).

Abu Dawud said: The name of Abu al-Najashi is 'Ata b. Suhaib.

Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (saws) of having committed adultery with Sharik bin Sahma’”. The Prophet (saws) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(saws) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (saws) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (saws) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (saws) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (saws) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.”

Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”

(The wife of the Prophet) Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot had fallen. Once he drew lots when he wanted to carry out a Ghazwa, and the lot came upon me. So I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed and thus I was carried in my howdah (on a camel) and dismounted while still in it. We carried on our journey, and when Allah's Apostle had finished his Ghazwa and returned and we approached Medina, Allah's Apostle ordered to proceed at night. When the army was ordered to resume the homeward journey, I got up and walked on till I left the army (camp) behind. When I had answered the call of nature, I went towards my howdah, but behold ! A necklace of mine made of Jaz Azfar (a kind of black bead) was broken and I looked for it and my search for it detained me. The group of people who used to carry me, came and carried my howdah on to the back of my camel on which I was riding, considering that I was therein. At that time women were light in weight and were not fleshy for they used to eat little (food), so those people did not feel the lightness of the howdah while raising it up, and I was still a young lady. They drove away the camel and proceeded. Then I found my necklace after the army had gone. I came to their camp but found nobody therein so I went to the place where I used to stay, thinking that they would miss me and come back in my search. While I was sitting at my place, I felt sleepy and slept. Safwan bin Al-Mu'attil As-Sulami Adh- Dhakw-ani was behind the army. He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: "Inna Li l-lahi wa inna ilaihi rajiun," which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, "Inna Li l-lahi wa inna ilaihi rajiun," till he made his shecamel kneel down whereupon he trod on its forelegs and I mounted it. Then Safwan set out, leading the she-camel that was carrying me, till we met the army while they were resting during the hot midday. Then whoever was meant for destruction, fell in destruction, and the leader of the Ifk (forged statement) was `Abdullah bin Ubai bin Salul. After this we arrived at Medina and I became ill for one month while the people were spreading the forged statements of the people of the Ifk, and I was not aware of anything thereof. But what aroused my doubt while I was sick, was that I was no longer receiving from Allah's Apostle the same kindness as I used to receive when I fell sick. Allah's Apostle would enter upon me, say a greeting and add, "How is that (lady)?" and then depart. That aroused my suspicion but I was not aware of the propagated evil till I recovered from my ailment. I went out with Um Mistah to answer the call of nature towards Al-Manasi, the place where we used to relieve ourselves, and used not to go out for this purpose except from night to night, and that was before we had lavatories close to our houses. And this habit of ours was similar to the habit of the old 'Arabs (in the deserts or in the tents) concerning the evacuation of the bowels, for we considered it troublesome and harmful to take lavatories in the houses. So I went out with Um Mistah who was the daughter of Abi Ruhm bin `Abd Manaf, and her mother was daughter of Sakhr bin Amir who was the aunt of Abi Bakr As-Siddiq, and her son was Mistah bin Uthatha. When we had finished our affair, Um Mistah and I came back towards my house. Um Mistah stumbled over her robe whereupon she said, "Let Mistah be ruined ! " I said to her, "What a bad word you have said! Do you abuse a man who has taken part in the Battle of Badr?' She said, "O you there! Didn't you hear what he has said?" I said, "And what did he say?" She then told me the statement of the people of the Ifk (forged statement) which added to my ailment. When I returned home, Allah's Apostle came to me, and after greeting, he said, "How is that (lady)?" I said, "Will you allow me to go to my parents?" At that time I intended to be sure of the news through them. Allah's Apostle allowed me and I went to my parents and asked my mother, "O my mother! What are the people talking about?" My mother said, "O my daughter! Take it easy, for by Allah, there is no charming lady who is loved by her husband who has other wives as well, but that those wives would find fault with her." I said, "Subhan Allah! Did the people really talk about that?" That night I kept on weeping the whole night till the morning. My tears never stopped, nor did I sleep, and morning broke while I was still weeping, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration delayed, in order to consult them as to the idea of divorcing his wife. Usama bin Zaid told Allah's Apostle of what he knew about the innocence of his wife and of his affection he kept for her. He said, "O Allah's Apostle! She is your wife, and we do not know anything about her except good." But `Ali bin Abi Talib said, "O Allah's Apostle! Allah does not impose restrictions on you; and there are plenty of women other than her. If you however, ask (her) slave girl, she will tell you the truth." `Aisha added: So Allah's Apostle called for Barira and said, "O Barira! Did you ever see anything which might have aroused your suspicion? (as regards Aisha). Barira said, "By Allah Who has sent you with the truth, I have never seen anything regarding Aisha which I would blame her for except that she is a girl of immature age who sometimes sleeps and leaves the dough of her family unprotected so that the domestic goats come and eat it." So Allah's Apostle got up (and addressed) the people an asked for somebody who would take revenge on `Abdullah bin Ubai bin Salul then. Allah's Apostle, while on the pulpit, said, "O Muslims! Who will help me against a man who has hurt me by slandering my family? By Allah, I know nothing except good about my family, and people have blamed a man of whom I know nothing except good, and he never used to visit my family except with me," Sa`d bin Mu`adh Al-Ansari got up and said, "O Allah's Apostle! By Allah, I will relieve you from him. If he be from the tribe of (Bani) Al-Aus, then I will chop his head off; and if he be from our brethren, the Khazraj, then you give us your order and we will obey it." On that, Sa`d bin 'Ubada got up, and he was the chief of the Khazraj, and before this incident he had been a pious man but he was incited by his zeal for his tribe. He said to Sa`d (bin Mu`adh), "By Allah the Eternal, you have told a lie! You shall not kill him and you will never be able to kill him!" On that, Usaid bin Hudair, the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, "You are a liar! By Allah the Eternal, we will surely kill him; and you are a hypocrite defending the hypocrites!" So the two tribes of Al-Aus and Al-Khazraj got excited till they were on the point of fighting with each other while Allah's Apostle was standing on the pulpit. Allah's Apostle continued quietening them till they became silent whereupon he became silent too. On that day I kept on weeping so much that neither did my tears stop, nor could I sleep. In the morning my parents were with me, and I had wept for two nights and a day without sleeping and with incessant tears till they thought that my liver would burst with weeping. While they were with me and I was weeping, an Ansari woman asked permission to see me. I admitted her and she sat and started weeping with me. While I was in that state, Allah's Apostle came to us, greeted, and sat down,. He had never sat with me since the day what was said, was said. He had stayed a month without receiving any Divine Inspiration concerning my case. Allah's Apostle recited the Tashahhud after he had sat down, and then said, "Thereafter, O `Aisha! I have been informed such and-such a thing about you; and if you are innocent, Allah will reveal your innocence, and if you have committed a sin, then ask for Allah's forgiveness and repent to Him, for when a slave confesses his sin and then repents to Allah, Allah accepts his repentance." When Allah's Apostle had finished his speech, my tears ceased completely so that I no longer felt even a drop thereof. Then I said to my father, "Reply to Allah's Apostle on my behalf as to what he said." He said, "By Allah, I do not know what to say to Allah's Apostle." Then I said to my mother, "Reply to Allah's Apostle." She said, "I do not know what to say to Allah's Apostle." Still a young girl as I was and though I had little knowledge of Qur'an, I said, "By Allah, I know that you heard this story (of the Ifk) so much so that it has been planted in your minds and you have believed it. So now, if I tell you that I am innocent, and Allah knows that I am innocent, you will not believe me; and if I confess something, and Allah knows that I am innocent of it, you will believe me. By Allah, I cannot find of you an example except that of Joseph's father: "So (for me) patience is most fitting against that which you assert and it is Allah (Alone) Whose help can be sought. Then I turned away and lay on my bed, and at that time I knew that I was innocent and that Allah would reveal my innocence. But by Allah, I never thought that Allah would sent down about my affair, Divine Inspiration that would be recited (forever), as I considered myself too unworthy to be talked of by Allah with something that was to be recited: but I hoped that Allah's Apostle might have a vision in which Allah would prove my innocence. By Allah, Allah's Apostle had not left his seat and nobody had left the house when the Divine Inspiration came to Allah's Apostle . So there overtook him the same hard condition which used to overtake him (when he was Divinely Inspired) so that the drops of his sweat were running down, like pearls, though it was a (cold) winter day, and that was because of the heaviness of the Statement which was revealed to him. When that state of Allah's Apostle was over, and he was smiling when he was relieved, the first word he said was, "Aisha, Allah has declared your innocence." My mother said to me, "Get up and go to him." I said, "By Allah, I will not go to him and I will not thank anybody but Allah." So Allah revealed: "Verily! They who spread the Slander are a gang among you. Think it not...." (24.11-20). When Allah revealed this to confirm my innocence, Abu Bakr As-Siddiq who used to provide for Mistah bin Uthatha because of the latter's kinship to him and his poverty, said, "By Allah, I will never provide for Mistah anything after what he has said about Aisha". So Allah revealed: (continued...) (continuing... 1): -6.274:... ... "Let not those among you who are good and are wealthy swear not to give (help) to their kinsmen, those in need, and those who have left their homes for Allah's Cause. Let them Pardon and forgive (i.e. do not punish them). Do you not love that should forgive you? Verily Allah is Oft-forgiving. Most Merciful." (24.22) Abu Bakr said, "Yes, by Allah, I wish that Allah should forgive me." So he resumed giving Mistah the aid he used to give him before and said, "By Allah, I will never withold it from him at all." Aisha further said: Allah's Apostle also asked Zainab bint Jahsh about my case. He said, "O Zainab! What have you seen?" She replied, "O Allah's Apostle! I protect my hearing and my sight (by refraining from telling lies). I know nothing but good (about Aisha)." Of all the wives of Allah's Apostle, it was Zainab who aspired to receive from him the same favor as I used to receive, yet, Allah saved her (from telling lies) because of her piety. But her sister, Hamna, kept on fighting on her behalf so she was destroyed as were those who invented and spread the slander.

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

Allah's Apostle arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most learned amongst them. So send for them (i.e. Jews) and ask them about me before they know that I have embraced Islam, for if they know that they will say about me things which are not correct." So Allah's Apostle sent for them, and they came and entered. Allah's Apostle said to them, "O (the group of) Jews! Woe to you: be afraid of Allah. By Allah except Whom none has the right to be worshipped, you people know for certain, that I am Apostle of Allah and that I have come to you with the Truth, so embrace Islam." The Jews replied, "We do not know this." So they said this to the Prophet and he repeated it thrice. Then he said, "What sort of a man is `Abdullah bin Salam amongst you?" They said, "He is our chief and the son of our chief and the most learned man, and the son of the most learned amongst us." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, " What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "O Ibn Salam! Come out to them." He came out and said, "O (the group of) Jews! Be afraid of Allah except Whom none has the right to be worshipped. You know for certain that he is Apostle of Allah and that he has brought a True Religion!' They said, "You tell a lie." On that Allah's Apostle turned them out.

We were in our country when flags and banners were raised. I said: What is this?

The (the people) said: This is the banner of the Messenger of Allah (saws). So I came to him. He was (sitting) under a tree. A sheet of cloth was spread for him and he was sitting on it. His Companions were gathered around him. I sat with them.

The Messenger of Allah (saws) mentioned illness and said: When a believer is afflicted by illness and Allah cures him of it, it serves as an atonement for his previous sins and a warning to him for the future.

But when a hypocrite becomes ill and is then cured, he is like a camel which has been tethered and then let loose by its owners, but does not know why they tethered it and why they let it loose.

A man from among those around him asked: Messenger of Allah, what are illnesses? I swear by Allah, I never fell ill.

The Messenger of Allah (saws) said: Get up and leave us. You do not belong to our number. When we were with him, a man came to him. He had a sheet of cloth and something in his hand.

He turned his attention to him and said: Messenger of Allah, when I saw you, I turned towards you. I saw a group of trees and heard the sound of fledglings. I took them and put them in my garment. Their mother then came and began to hover round my head. I showed them to her, and she fell on them. I wrapped them with my garment. They are now with me.

He said: Put them away from you. So I put them away, but their mother stayed with them.

The Messenger of Allah (saws) said to his companions: Are you surprised at the affection of the mother for her young?

They said: Yes, Messenger of Allah. He said: I swear by Him Who has sent me with the Truth, Allah is more affectionate to His servants than a mother to her young ones. Take them back put them and where you took them from when their mother should have been with them. So he took them back.

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

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

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

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

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

Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and- so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."

Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.

Malik said, "If a man's testimony is in agreement with what the woman testified to, that so- and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."

Allah's Apostle was fond of honey and sweet edible things and (it was his habit) that after finishing the `Asr prayer he would visit his wives and stay with one of them at that time. Once he went to Hafsa, the daughter of `Umar and stayed with her more than usual. I got jealous and asked the reason for that. I was told that a lady of her folk had given her a skin filled with honey as a present, and that she made a syrup from it and gave it to the Prophet to drink (and that was the reason for the delay). I said, "By Allah we will play a trick on him (to prevent him from doing so)." So I said to Sa`da bint Zam`a "The Prophet will approach you, and when he comes near you, say: 'Have you taken Maghafir (a bad-smelling gum)?' He will say, 'No.' Then say to him: 'Then what is this bad smell which i smell from you?' He will say to you, 'Hafsa made me drink honey syrup.' Then say: Perhaps the bees of that honey had sucked the juice of the tree of Al-`Urfut.' I shall also say the same. O you, Safiyya, say the same." Later Sa`da said, "By Allah, as soon as he (the Prophet ) stood at the door, I was about to say to him what you had ordered me to say because I was afraid of you." So when the Prophet came near Sa`da, she said to him, "O Allah's Apostle! Have you taken Maghafir?" He said, "No." She said. "Then what is this bad smell which I detect on you?" He said, "Hafsa made me drink honey syrup." She said, "Perhaps its bees had sucked the juice of Al-`Urfut tree." When he came to me, I also said the same, and when he went to Safiyya, she also said the same. And when the Prophet again went to Hafsa, she said, 'O Allah's Apostle! Shall I give you more of that drink?" He said, "I am not in need of it." Sa`da said, "By Allah, we deprived him (of it)." I said to her, "Keep quiet." '

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Sa'id said that when Abu Idris Khaulini narrated this hadith he knelt upon his knees.

Allah's Apostle very often used to ask his companions, "Did anyone of you see a dream?" So dreams would be narrated to him by those whom Allah wished to tell. One morning the Prophet said, "Last night two persons came to me (in a dream) and woke me up and said to me, 'Proceed!' I set out with them and we came across a man lying down, and behold, another man was standing over his head, holding a big rock. Behold, he was throwing the rock at the man's head, injuring it. The rock rolled away and the thrower followed it and took it back. By the time he reached the man, his head returned to the normal state. The thrower then did the same as he had done before. I said to my two companions, 'Subhan Allah! Who are these two persons?' They said, 'Proceed!' So we proceeded and came to a man lying flat on his back and another man standing over his head with an iron hook, and behold, he would put the hook in one side of the man's mouth and tear off that side of his face to the back (of the neck) and similarly tear his nose from front to back and his eye from front to back. Then he turned to the other side of the man's face and did just as he had done with the other side. He hardly completed this side when the other side returned to its normal state. Then he returned to it to repeat what he had done before. I said to my two companions, 'Subhan Allah! Who are these two persons?' They said to me, 'Proceed!' So we proceeded and came across something like a Tannur (a kind of baking oven, a pit usually clay-lined for baking bread)." I think the Prophet said, "In that oven there was much noise and voices." The Prophet added, "We looked into it and found naked men and women, and behold, a flame of fire was reaching to them from underneath, and when it reached them, they cried loudly. I asked them, 'Who are these?' They said to me, 'Proceed!' And so we proceeded and came across a river." I think he said, ".... red like blood." The Prophet added, "And behold, in the river there was a man swimming, and on the bank there was a man who had collected many stones. Behold, while the other man was swimming, he went near him. The former opened his mouth and the latter (on the bank) threw a stone into his mouth whereupon he went swimming again. He returned and every time the performance was repeated. I asked my two companions, 'Who are these (two) persons?' They replied, 'Proceed! Proceed!' And we proceeded till we came to a man with a repulsive appearance, the most repulsive appearance, you ever saw a man having! Beside him there was a fire and he was kindling it and running around it. I asked my companions, 'Who is this (man)?' They said to me, 'Proceed! Proceed!' So we proceeded till we reached a garden of deep green dense vegetation, having all sorts of spring colors. In the midst of the garden there was a very tall man and I could hardly see his head because of his great height, and around him there were children in such a large number as I have never seen. I said to my companions, 'Who is this?' They replied, 'Proceed! Proceed!' So we proceeded till we came to a majestic huge garden, greater and better than I have ever seen! My two companions said to me, 'Go up' and I went up. The Prophet added, "So we ascended till we reached a city built of gold and silver bricks and we went to its gate and asked (the gatekeeper) to open the gate, and it was opened and we entered the city and found in it, men with one side of their bodies as handsome as the handsomest person you have ever seen, and the other side as ugly as the ugliest person you have ever seen. My two companions ordered those men to throw themselves into the river. Behold, there was a river flowing across (the city), and its water was like milk in whiteness. Those men went and threw themselves in it and then returned to us after the ugliness (of their bodies) had disappeared and they became in the best shape." The Prophet further added, "My two companions (angels) said to me, 'This place is the Eden Paradise, and that is your place.' I raised up my sight, and behold, there I saw a palace like a white cloud! My two companions said to me, 'That (palace) is your place.' I said to them, 'May Allah bless you both! Let me enter it.' They replied, 'As for now, you will not enter it, but you shall enter it (one day). I said to them, 'I have seen many wonders tonight. What does all that mean which I have seen?' They replied, 'We will inform you: As for the first man you came upon whose head was being injured with the rock, he is the symbol of the one who studies the Qur'an and then neither recites it nor acts on its orders, and sleeps, neglecting the enjoined prayers. As for the man you came upon whose sides of mouth, nostrils and eyes were torn off from front to back, he is the symbol of the man who goes out of his house in the morning and tells so many lies that it spreads all over the world. And those naked men and women whom you saw in a construction resembling an oven, they are the adulterers and the adulteresses. And the man whom you saw swimming in the river and given a stone to swallow, is the eater of usury (Riba). And the bad looking man whom you saw near the fire kindling it and going round it, is Malik, the gatekeeper of Hell. And the tall man whom you saw in the garden, is Abraham and the children around him are those children who die with Al-Fitra (the Islamic Faith). The narrator added: Some Muslims asked the Prophet, "O Allah's Apostle! What about the children of pagans?" The Prophet replied, "And also the children of pagans." The Prophet added, "My two companions added, 'The men you saw half handsome and half ugly were those persons who had mixed an act that was good with another that was bad, but Allah forgave them.'"

I met Bilal, the Mu'adhdhin of the Messenger of Allah (saws) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (saws)?

He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (saws) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.

A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.

When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (saws) returned to his family. I sought permission from him and he gave me permission.

I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (saws) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.

All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (saws). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.

The Messenger of Allah (saws) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?

I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.

He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (saws) was sitting there. I greeted him.

He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (saws). Nothing remains now.

He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (saws) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?

I said: I still have it, no one came to me. The Messenger of Allah (saws) passed the night in the mosque.

He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?

I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."