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

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

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

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

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

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

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

Muslim ibn Yasar al-Juhani said: When Umar ibn al-Khattab was asked about the verse "When your Lord took their offspring from the backs of the children of Adam" - al-Qa'nabi recited the verse--he said: I heard the Messenger of Allah (saws) say when he was questioned about it: Allah created Adam, then passed His right hand over his back, and brought forth from it his offspring, saying: I have these for Paradise and these will do the deeds of those who go to Paradise. He then passed His hand over his back and brought forth from it his offspring, saying: I have created these for Hell, and they will do the deeds of those who go to Hell.

A man asked: What is the good of doing anything, Messenger of Allah? The Messenger of Allah (saws) said: When Allah creates a servant for Paradise, He employs him in doing the deeds of those who will go to Paradise, so that his final action before death is one of the deeds of those who go to Paradise, for which He will bring him into Paradise. But when He creates a servant for Hell, He employs him in doing the deeds of those who will go to Hell, so that his final action before death is one of the deeds of those who go to Hell, for which He will bring him into Hell.

AbuDawud said: The Prophet (saws) changed the names al-'As, Aziz, Atalah, Shaytan, al-Hakam, Ghurab, Hubab, and Shihab and called him Hisham. He changed the name Harb (war) and called him Silm (peace). He changed the name al-Munba'ith (one who lies) and called him al-Mudtaji' (one who stands up). He changed the name of a land Afrah (barren) and called it Khadrah (green). He changed the name Shi'b ad-Dalalah (the mountain path of a stray), the name of a mountain path and called it Shi'b al-Huda (mountain path of guidance). He changed the name Banu az-Zinyah (children of fornication) and called them Banu ar-Rushdah (children of those who are on the right path), and changed the name Banu Mughwiyah (children of a woman who allures and goes astray), and called them Banu Rushdah (children of a woman who is on the right path).

AbuDawud said: I omitted the chains of these for the sake of brevity.

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

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

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

The Prophet said, "On the day of Resurrection Allah will say, 'O Adam!' Adam will reply, 'Labbaik our Lord, and Sa`daik ' Then there will be a loud call (saying), Allah orders you to take from among your offspring a mission for the (Hell) Fire.' Adam will say, 'O Lord! Who are the mission for the (Hell) Fire?' Allah will say, 'Out of each thousand, take out 999.' At that time every pregnant female shall drop her load (have a miscarriage) and a child will have grey hair. And you shall see mankind as in a drunken state, yet not drunk, but severe will be the torment of Allah." (22.2) (When the Prophet mentioned this), the people were so distressed (and afraid) that their faces got changed (in color) whereupon the Prophet said, "From Gog and Magog nine-hundred ninety-nine will be taken out and one from you. You Muslims (compared to the large number of other people) will be like a black hair on the side of a white ox, or a white hair on the side of a black ox, and I hope that you will be onefourth of the people of Paradise." On that, we said, "Allahu-Akbar!" Then he said, "I hope that you will be) one-third of the people of Paradise." We again said, "Allahu-Akbar!" Then he said, "(I hope that you will be) one-half of the people of Paradise." So we said, Allahu Akbar."

Allah sent (the Prophet) Muhammad and said:-- 'Say, No wage do I ask of you for this (Qur'an) nor am I one of the pretenders (i.e. a person who pretends things which do not exist). (38.68) When Allah's Apostle saw Quraish standing against him, he said, "O Allah! Help me against them by afflicting them with seven years of famine similar to the seven years (of famine) of Joseph. So they were afflicted with a year of drought that destroyed everything, and they ate bones and hides. (One of them said), "And they ate hides and dead animals, and (it seemed to them that) something like smoke was coming out of the earth. So Abu Sufyan came to the Prophet and said, "O Muhammad! Your people are on the verge of destruction! Please invoke Allah to relieve them." So the Prophet invoked Allah for them (and the famine disappeared). He said to them. "You will revert (to heathenism) after that." `Abdullah then recited: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible.......but truly you will revert (to disbelief).' He added, "Will the punishment be removed from them in the Hereafter? The smoke and the grasp and the Al-Lizam have all passed." One of the sub-narrater said, "The splitting of the moon." And another said, "The defeat of the Romans (has passed).

While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, "What type of shroud is the best?" `Aisha said, "May Allah be merciful to you! What does it matter?" He said, "O mother of the Believers! Show me (the copy of) your Qur'an," She said, "Why?" He said, "In order to compile and arrange the Qur'an according to it, for people recite it with its Suras not in proper order." `Aisha said, "What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: 'Do not drink alcoholic drinks.' people would have said, 'We will never leave alcoholic drinks,' and if there had been revealed, 'Do not commit illegal sexual intercourse, 'they would have said, 'We will never give up illegal sexual intercourse.' While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: 'Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.' (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him." Then `Aisha took out the copy of the Qur'an for the man and dictated to him the Verses of the Suras (in their proper order) .

`Umar bin Al-Khattab said, "When Hafsa bint `Umar became a widow after the death of (her husband) Khunais bin Hudhafa As-Sahmi who had been one of the companions of the Prophet, and he died at Medina. I went to `Uthman bin `Affan and presented Hafsa (for marriage) to him. He said, "I will think it over.' I waited for a few days, then he met me and said, 'It seems that it is not possible for me to marry at present.' " `Umar further said, "I met Abu Bakr As-Siddique and said to him, 'If you wish, I will marry my daughter Hafsa to you." Abu Bakr kept quiet and did not say anything to me in reply. I became more angry with him than with `Uthman. I waited for a few days and then Allah's Apostle asked for her hand, and I gave her in marriage to him. Afterwards I met Abu Bakr who said, 'Perhaps you became angry with me when you presented Hafsa to me and I did not give you a reply?' I said, 'Yes.' Abu Bakr said, 'Nothing stopped me to respond to your offer except that I knew that Allah's Apostle had mentioned her, and I never wanted to let out the secret of Allah's Apostle. And if Allah's Apostle had refused her, I would have accepted her.' "

I was with the Prophet (on a journey) between Mecca and Medina, and all of them, (i.e. the Prophet and his companions) were in the state of Ihram, while I was not in that state. I was riding my horse and I used to be fond of ascending mountains. So while I was doing so I noticed that the people were looking at something. I went to see what it was, and behold it was an onager. I asked my companions, "What is that?" They said, "We do not know." I said, "It is an onager.' They said, "It is what you have seen." I had left my whip, so I said to them, "Hand to me my whip." They said, "We will not help you in that (in hunting the onager)." I got down, took my whip and chased the animal (on my horse) and did not stop till I killed it. I went to them and said, "Come on, carry it!" But they said, "We will not even touch it." At last I alone carried it and brought it to them. Some of them ate of it and some refused to eat of it. I said (to them), "I will ask the Prophet about it (on your behalf)." When I met the Prophet, I told him the whole story. He said to me, "Has anything of it been left with you?" I said, "Yes." He said, "Eat, for it is a meal Allah has offered to you."

We witnessed along with Allah's Apostle the Khaibar (campaign). Allah's Apostle told his companions about a man who claimed to be a Muslim, "This man is from the people of the Fire." When the battle started, the man fought very bravely and received a great number of wounds and got crippled. On that, a man from among the companions of the Prophet came and said, "O Allah's Apostle! Do you know what the man you described as of the people of the Fire has done? He has fought very bravely for Allah's Cause and he has received many wounds." The Prophet said, "But he is indeed one of the people of the Fire." Some of the Muslims were about to have some doubt about that statement. So while the man was in that state, the pain caused by the wounds troubled him so much that he put his hand into his quiver and took out an arrow and committed suicide with it. Off went some men from among the Muslims to Allah's Apostle and said, "O Allah's Apostle! Allah has made your statement true. So-and-so has committed suicide." Allah's Apostle said, "O Bilal! Get up and announce in public: None will enter Paradise but a believer, and Allah may support this religion (Islam) with a wicked man."

Allah's Apostle employed an employee (to collect Zakat). The employee returned after completing his job and said, "O Allah's Apostle! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet said to him, "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Apostle got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said, "Now then ! What about an employee whom we employ and then he comes and says, 'This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet added, "I have preached you (Allah's Message)." Abu Humaid said, "Then Allah's Apostle raised his hands so high that we saw the whiteness of his armpits."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

While we were with Allah's Apostle a bedouin got up and said, "O Allah's Apostle! Settle my case according to Allah's Book (Laws)." Then his opponent got up and said, "O Allah's Apostle! He has said the truth! Settle his case according to Allah's Book (Laws.) and allow me to speak," He said, "My son was a laborer for this man and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death but I ransomed him with one-hundred sheep and a slave girl. Then I asked the religious learned people and they told me that his wife should be stoned to death and my son should receive one-hundred lashes and be sentenced to one year of exile.' The Prophet said, "By Him in Whose Hands my life is, I will judge between you according to Allah's Book (Laws): As for the slave girl and the sheep, they are to be returned; and as for your son, he shall receive onehundred lashes and will be exiled for one year. You, O Unais!" addressing a man from Bani Aslam, "Go tomorrow morning to the wife of this (man) and if she confesses, then stone her to death." The next morning Unais went to the wife and she confessed, and he stoned her to death.

I came to `Aisha during the solar eclipse. The people were standing (offering prayer) and she too, was standing and offering prayer. I asked, "What is wrong with the people?" She pointed towards the sky with her hand and said, Subhan Allah!'' I asked her, "Is there a sign?" She nodded with her head meaning, yes. When Allah's Apostle finished (the prayer), he glorified and praised Allah and said, "There is not anything that I have not seen before but I have seen now at this place of mine, even Paradise and Hell. It has been revealed to me that you people will be put to trial nearly like the trial of Ad-Dajjal, in your graves. As for the true believer or a Muslim (the sub-narrator is not sure as to which of the two (words Asma' had said) he will say, 'Muhammad came with clear signs from Allah, and we responded to him (accepted his teachings) and believed (what he said)' It will be said (to him) 'Sleep in peace; we have known that you were a true believer who believed with certainty.' As for a hypocrite or a doubtful person, (the sub-narrator is not sure as to which word Asma' said) he will say, 'I do not know, but I heard the people saying something and so I said the same.' "

The Prophet came out after the sun had declined and offered the Zuhr prayer (in congregation). After finishing it with Taslim, he stood on the pulpit and mentioned the Hour and mentioned there would happen great events before it. Then he said, "Whoever wants to ask me any question, may do so, for by Allah, you will not ask me about anything but I will inform you of its answer as long as I am at this place of mine." On this, the Ansar wept violently, and Allah's Apostle kept on saying, "Ask Me! " Then a man got up and asked, ''Where will my entrance be, O Allah's Apostle?" The Prophet said, "(You will go to) the Fire." Then `Abdullah bin Hudhaifa got up and asked, "Who is my father, O Allah's Apostle?" The Prophet replied, "Your father is Hudhaifa." The Prophet then kept on saying (angrily), "Ask me! Ask me!" `Umar then knelt on his knees and said, "We have accepted Allah as our Lord and Islam as our religion and Muhammad as an Apostle." Allah's Apostle became quiet when `Umar said that. Then Allah's Apostle said, "By Him in Whose Hand my life is, Paradise and Hell were displayed before me across this wall while I was praying, and I never saw such good and evil as I have seen today."

That he heard Marwan bin Al-Hakam and Al-Miswar bin Makhrama relating one of the events that happened to Allah's Apostle in the `Umra of Al-Hudaibiya. They said, "When Allah's Apostle concluded the truce with Suhail bin `Amr on the day of Al-Hudaibiya, one of the conditions which Suhail bin `Amr stipulated, was his saying (to the Prophet), "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." Suhail refused to conclude the truce with Allah's Apostle except on this condition. The believers disliked this condition and got disgusted with it and argued about it. But when Suhail refused to conclude the truce with Allah's Apostle except on that condition, Allah's Apostle concluded it. Accordingly, Allah's Apostle then returned Abu Jandal bin Suhail to his father, Suhail bin `Amr, and returned every man coming to him from them during that period even if he was a Muslim. The believing women Emigrants came (to Medina) and Um Kulthum, the daughter of `Uqba bin Abi Mu'ait was one of those who came to Allah's Apostle and she was an adult at that time. Her relatives came, asking Allah's Apostle to return her to them, and in this connection, Allah revealed the Verses dealing with the believing (women).

(the wife of the Prophet) "When the ailment of Allah's Apostle became aggravated, he requested his wives to permit him to be (treated) nursed in my house, and they gave him permission. He came out (to my house), walking between two men with his feet dragging on the ground, between `Abbas bin `Abdul--Muttalib and another man" 'Ubaidullah said, "I told `Abdullah of what `Aisha had said, `Abdullah bin `Abbas said to me, 'Do you know who is the other man whom `Aisha did not name?' I said, 'No.' Ibn `Abbas said, 'It was `Ali bin Abu Talib." `Aisha, the wife of the Prophet used to narrate saying, "When Allah's Apostle entered my house and his disease became aggravated, he said, " Pour on me the water of seven water skins, the mouths of which have not been untied, so that I may give advice to the people.' So we let him sit in a big basin belonging to Hafsa, the wife of the Prophet and then started to pour water on him from these water skins till he started pointing to us with his hands intending to say, 'You have done your job." `Aisha added, "Then he went out to the people and led them in prayer and preached to them."

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

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

I came to `Aisha the wife of the Prophet during the solar eclipse. The people were standing and offering the prayer and she was also praying. I asked her, "What is wrong with the people?" She beckoned with her hand towards the sky and said, "Subhan Allah." I asked her, "Is there a sign?" She pointed out, "Yes." So I, too, stood for the prayer till I fell unconscious and later on I poured water on my head. After the prayer, Allah's Apostle praised and glorified Allah and said, "Just now I have seen something which I never saw before at this place of mine, including Paradise and Hell. I have been inspired (and have understood) that you will be put to trials in your graves and these trials will be like the trials of Ad-Dajjal, or nearly like it (the sub narrator is not sure of what Asma' said). Angels will come to every one of you and ask, 'What do you know about this man?' A believer will reply, 'He is Muhammad, Allah's Apostle , and he came to us with self-evident truth and guidance. So we accepted his teaching, believed and followed him.' Then the angels will say to him to sleep in peace as they have come to know that he was a believer. On the other hand a hypocrite or a doubtful person will reply, 'I do not know but heard the people saying something and so I said the same.' "

The Prophet (p.b.u.h) recited (the Qur'an) aloud during the eclipse prayer and when he had finished the eclipse prayer he said the Takbir and bowed. When he stood straight from bowing he would say "Sami 'allahu liman hamidah Rabbana wa laka l-hamd." And he would again start reciting. In the eclipse prayer there are four bowing and four prostrations in two rak`at. Al-Auza'i and others said that they had heard Az-Zuhri from 'Urwa from `Aisha saying, "In the lifetime of Allah's Apostle the sun eclipsed, and he made a person to announce: 'Prayer in congregation.' He led the prayer and performed four bowing and four prostrations in two rak`at." Narrated Al-Walid that `Abdur-Rahman bin Namir had informed him that he had heard the same. Ibn Shihab heard the same. Az-Zuhri said, "I asked ('Urwa), 'What did your brother `Abdullah bin Az-Zubair do? He prayed two rak`at (of the eclipse prayer) like the morning prayer, when he offered the (eclipse) prayer in Medina.' 'Urwa replied that he had missed (i.e. did not pray according to) the Prophet's tradition." Sulaiman bin Kathir and Sufyan bin Husain narrated from Az-Zuhri that the prayer for the eclipse used to be offered with loud recitation.

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

`Ali bin Abi Talib said: "I got a she-camel as my share of the war booty on the day (of the battle) of Badr, and Allah's Apostle gave me another she-camel. I let both of them kneel at the door of one of the Ansar, intending to carry Idhkhir on them to sell it and use its price for my wedding banquet on marrying Fatima. A goldsmith from Bani Qainqa' was with me. Hamza bin `Abdul-Muttalib was in that house drinking wine and a lady singer was reciting: "O Hamza! (Kill) the (two) fat old she camels (and serve them to your guests). So Hamza took his sword and went towards the two she-camels and cut off their humps and opened their flanks and took a part of their livers." (I said to Ibn Shihab, "Did he take part of the humps?" He replied, "He cut off their humps and carried them away.") `Ali further said, "When I saw that dreadful sight, I went to the Prophet and told him the news. The Prophet came out in the company of Zaid bin Haritha who was with him then, and I too went with them. He went to Hamza and spoke harshly to him. Hamza looked up and said, 'Aren't you only the slaves of my forefathers?' The Prophet retreated and went out. This incident happened before the prohibition of drinking."

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

I went out of Medina towards Al-Ghaba. When I reached the mountain path of Al-Ghaba, a slave of `Abdur-Rahman bin `Auf met me. I said to him, "Woe to you! What brought you here?" He replied, "The she-camels of the Prophet have been taken away." I said, "Who took them?" He said, "Ghatafan and Fazara." So, I sent three cries, "O Sabaha-h ! O Sabahah !" so loudly that made the people in between its (i.e. Medina's) two mountains hear me. Then I rushed till I met them after they had taken the camels away. I started throwing arrows at them saying, "I am the son of Al-Akwa`"; and today perish the mean people!" So, I saved the she-camels from them before they (i.e. the robbers) could drink water. When I returned driving the camels, the Prophet met me, I said, "O Allah's Apostle Those people are thirsty and I have prevented them from drinking water, so send some people to chase them." The Prophet said, "O son of Al-Akwa`, you have gained power (over your enemy), so forgive (them). (Besides) those people are now being entertained by their folk."

When the Prophet intended to perform the `Umra he sent a person to the people of Mecca asking their permission to enter Mecca. They stipulated that he would not stay for more than three days and would not enter it except with sheathed arms and would not preach (Islam) to any of them. So `Ali bin Abi- Talib started writing the treaty between them. He wrote, "This is what Muhammad, Apostle of Allah has agreed to." The (Meccans) said, "If we knew that you (Muhammad) are the Apostle of Allah, then we would not have prevented you and would have followed you. But write, 'This is what Muhammad bin `Abdullah has agreed to..' " On that Allah's Apostle said, "By Allah, I am Muhammad bin `Abdullah, and, by Allah, I am Apostle of 'Allah." Allah's Apostle used not to write; so he asked `Ali to erase the expression of Apostle of Allah. On that `Ali said, "By Allah I will never erase it." Allah's Apostle said (to `Ali), "Let me see the paper." When `Ali showed him the paper, the Prophet erased the expression with his own hand. When Allah's Apostle had entered Mecca and three days had elapsed, the Meccans came to `Ali and said, "Let your friend (i.e. the Prophet) quit Mecca." `Ali informed Allah's Apostle about it and Allah's Apostle said, "Yes," and then he departed.

I asked Um Ruman, `Aisha's mother about the accusation forged against `Aisha. She said, "While I was sitting with `Aisha, an Ansari woman came to us and said, 'Let Allah condemn such-and-such person.' I asked her, 'Why do you say so?' She replied, 'For he has spread the (slanderous) story.' `Aisha said, 'What story?' The woman then told her the story. `Aisha asked, 'Have Abu Bakr and Allah's Apostle heard about it ?' She said, 'Yes.' `Aisha fell down senseless (on hearing that), and when she came to her senses, she got fever and shaking of the body. The Prophet came and asked, 'What is wrong with her?' I said, 'She has got fever because of a story which has been rumored.' `Aisha got up and said, 'By Allah! Even if I took an oath, you would not believe me, and if I put forward an excuse, You would not excuse me. My example and your example is just like that example of Jacob and his sons. Against that which you assert, it is Allah (Alone) Whose Help can be sought.' (12.18) The Prophet left and then Allah revealed the Verses (concerning the matter), and on that `Aisha said, 'Thanks to Allah (only) and not to anybody else."

While I was sitting with the Prophet, Abu Bakr came, lifting up one corner of his garment uncovering his knee. The Prophet said, "Your companion has had a quarrel." Abu Bakr greeted (the Prophet ) and said, "O Allah's Apostle! There was something (i.e. quarrel) between me and the Son of Al-Khattab. I talked to him harshly and then regretted that, and requested him to forgive me, but he refused. This is why I have come to you." The Prophet said thrice, "O Abu Bakr! May Allah forgive you." In the meanwhile, `Umar regretted (his refusal of Abu Bakr's excuse) and went to Abu Bakr's house and asked if Abu Bakr was there. They replied in the negative. So he came to the Prophet and greeted him, but signs of displeasure appeared on the face of the Prophet till Abu Bakr pitied (`Umar), so he knelt and said twice, "O Allah's Apostle! By Allah! I was more unjust to him (than he to me)." The Prophet said, "Allah sent me (as a Prophet) to you (people) but you said (to me), 'You are telling a lie,' while Abu Bakr said, 'He has said the truth,' and consoled me with himself and his money." He then said twice, "Won't you then give up harming my companion?" After that nobody harmed Abu Bakr.

On the day of Badr, the Prophet ordered that the corpses of twenty four leaders of Quraish should be thrown into one of the dirty dry wells of Badr. (It was a habit of the Prophet that whenever he conquered some people, he used to stay at the battle-field for three nights. So, on the third day of the battle of Badr, he ordered that his she-camel be saddled, then he set out, and his companions followed him saying among themselves." "Definitely he (i.e. the Prophet) is proceeding for some great purpose." When he halted at the edge of the well, he addressed the corpses of the Quraish infidels by their names and their fathers' names, "O so-and-so, son of so-and-so and O so-and-so, son of so-andso! Would it have pleased you if you had obeyed Allah and His Apostle? We have found true what our Lord promised us. Have you too found true what your Lord promised you? "`Umar said, "O Allah's Apostle! You are speaking to bodies that have no souls!" Allah's Apostle said, "By Him in Whose Hand Muhammad's soul is, you do not hear, what I say better than they do." (Qatada said, "Allah brought them to life (again) to let them hear him, to reprimand them and slight them and take revenge over them and caused them to feel remorseful and regretful.")

My father said, "Allah's Apostle was proceeding at night on one of his journeys and `Umar bin Al- Khattab was going along with him. `Umar bin Al-Khattab asked him (about something) but Allah's Apostle did not answer him. `Umar asked him again, but he did not answer him. He asked him again (for the third time) but he did not answer him. On that `Umar bin Al-Khattab addressed himself saying, "May your mother be bereaved of you, O `Umar, for you have asked Allah's Apostle thrice, yet he has not answered you." `Umar said, "Then I made my camel run fast and took it in front of the other Muslims, and I was afraid that something might be revealed in my connection. I had hardly waited for a moment when I heard somebody calling me. I said, 'I was afraid that something might have been revealed about me.' Then I came to Allah's Apostle and greeted him. He (i.e. the Prophet) said, 'Tonight there has been revealed to me, a Sura which is dearer to me than (all the world) on which the sun rises,' and then he recited: 'Verily! We have granted you (O Muhammad) A manifest victory." (48.1)

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

Out of all the Ansar, living in Medina, Abu Talha had the largest number of (date palm trees) gardens, and the most beloved of his property to him was Bairuha garden which was standing opposite the Mosque (of the Prophet). Allah's Apostle used to enter it and drink of its good water. When the Verse:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) Abu Talha got up and said, "O Allah's Apostle, Allah says:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) and the most beloved of my property to me is the Bairuha garden, so I give it (as a charitable gift) in Allah's Cause and hope to receive good out of it, and to have it stored for me with Allah. So, O Allah's Apostle! Dispose it of (i.e. utilize it) in the way Allah orders you (to dispose it of)." Allah's Apostle said, "Bravo! That is a fruitful property! That is a fruitful property! I have heard what you have said and I think that you should distribute that (garden) amongst your relatives." The Abu Talha distributed that garden amongst his relatives and his cousins.

Narrated Yahya bin Yahya:

I learnt from Malik, "..a fruitful property."

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime a boat passed by them and they requested the crew of the boat to take them on board. The crew recognized Al-Khadir and took them on board without fare. Then a sparrow came and stood on the edge of the boat and dipped its beak once or twice in the sea. Al-Khadir said: "O Moses! My knowledge and your knowledge have not decreased Allah's knowledge except as much as this sparrow has decreased the water of the sea with its beak." Al- Khadir went to one of the planks of the boat and plucked it out. Moses said, "These people gave us a free lift but you have broken their boat and scuttled it so as to drown its people." Al-Khadir replied, "Didn't I tell you that you will not be able to remain patient with me." Moses said, "Call me not to account for what I forgot." The first (excuse) of Moses was that he had forgotten. Then they proceeded further and found a boy playing with other boys. Al-Khadir took hold of the boy's head from the top and plucked it out with his hands (i.e. killed him). Moses said, "Have you killed an innocent soul who has killed none." Al-Khadir replied, "Did I not tell you that you cannot remain patient with me?" Then they both proceeded till when they came to the people of a town, they asked them for food, but they refused to entertain them. Then they found there a wall on the point of collapsing. Al-Khadir repaired it with his own hands. Moses said, "If you had wished, surely you could have taken wages for it." Al-Khadir replied, "This is the parting between you and me." The Prophet added, "May Allah be Merciful to Moses! Would that he could have been more patient to learn more about his story with Al-Khadir. "

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."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

I was a Christian Bedouin; then I embraced Islam. I came to a man of my tribe, who was called Hudhaym ibn Thurmulah. I said to him. O brother, I am eager to wage war in the cause of Allah (i.e. jihad), and I find that both hajj and umrah are due from me. How can I combine them?

He said: Combine them and sacrifice the animal made easily available for you. I, therefore, raised my voice in talbiyah for both of them (i.e. umrah and hajj). When I reached al-Udhayb, Salman ibn Rabi'ah and Zayd ibn Suhan met me while I was raising my voice in talbiyah for both of them.

One of them said to the other: This (man) does not have any more understanding than his camel. Thereupon it was as if a mountain fell on me.

I came to Umar ibn al-Khattab (may Allah be pleased with him) and said to him: Commander of the Faithful, I was a Christian Bedouin, and I have embraced Islam. I am eager to wage war in the cause of Allah (jihad), and I found that both hajj and umrah were due from me. I came to a man of my tribe who said to me: Combine both of them and sacrifice the animal easily available for you. I have raised my voice in talbiyah for both of them.

Umar thereupon said to me: You have been guided to the practice (sunnah) of your Prophet) (saws).