Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.

Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."

Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."

Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."

Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."

We were sitting with Abu Musa Al-Ash'sari, and as there were ties of friendship and mutual favors between us and his tribe. His meal was presented before him and there was chicken meat in it. Among those who were present there was a man from Bani Taimillah having a red complexion as a non-Arab freed slave, and that man did not approach the meal. Abu Musa said to him, "Come along! I have seen Allah's Apostle eating of that (i.e., chicken)." The man said, "I have seen it (chickens) eating something I regarded as dirty, and so I have taken an oath that I shall not eat (its meat) chicken." Abu Musa said, "Come along! I will inform you about it (i.e., your oath). Once we went to Allah's Apostle in company with a group of Ash'airiyin, asking him for mounts while he was distributing some camels from the camels of Zakat. (Aiyub said, "I think he said that the Prophet was in an angry mood at the time.") The Prophet said, 'By Allah! I will not give you mounts, and I have nothing to mount you on.' After we had left, some camels of booty were brought to Allah's Apostle and he said, "Where are those Ash`ariyin? Where are those Ash`ariyin?" So we went (to him) and he gave us five very fat good-looking camels. We mounted them and went away, and then I said to my companions, 'We went to Allah's Apostle to give us mounts, but he took an oath that he would not give us mounts, and then later on he sent for us and gave us mounts, perhaps Allah's Apostle forgot his oath. By Allah, we will never be successful, for we have taken advantage of the fact that Allah's Apostle forgot to fulfill his oath. So let us return to Allah's Apostle to remind him of his oath.' We returned and said, 'O Allah's Apostle! We came to you and asked you for mounts, but you took an oath that you would not give us mounts) but later on you gave us mounts, and we thought or considered that you have forgotten your oath.' The Prophet said, 'Depart, for Allah has given you Mounts. By Allah, Allah willing, if I take an oath and then later find another thing better than that, I do what is better, and make expiation for the oath.' "

(two other narrations through Zahdam as above)

The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

I went to `Aisha and asked her to describe to me the illness of Allah's Apostle. `Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." `Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the `Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a softhearted man, so he asked `Umar to lead the prayer but `Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-`Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaidullah added "I went to `Abdullah bin `Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn `Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether `Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was `Ali (Ibn Abi Talib).

I asked `Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka`ba or performs `Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." `Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.' But in fact, this divine inspiration was revealed concerning the Ansar who used to assume lhram for worship ping an idol called "Manat" which they used to worship at a place called Al-Mushallal before they embraced Islam, and whoever assumed Ihram (for the idol), would consider it not right to perform Tawaf between Safa and Marwa. When they embraced Islam, they asked Allah's Apostle (p.b.u.h) regarding it, saying, "O Allah's Apostle! We used to refrain from Tawaf between Safa and Marwa." So Allah revealed: 'Verily; (the mountains) As-Safa and Al-Marwa are among the symbols of Allah.' " Aisha added, "Surely, Allah's Apostle set the tradition of Tawaf between Safa and Marwa, so nobody is allowed to omit the Tawaf between them." Later on I (`Urwa) told Abu Bakr bin `Abdur-Rahman (of `Aisha's narration) and he said, 'I have not heard of such information, but I heard learned men saying that all the people, except those whom `Aisha mentioned and who used to assume lhram for the sake of Manat, used to perform Tawaf between Safa and Marwa. When Allah referred to the Tawaf of the Ka`ba and did not mention Safa and Marwa in the Qur'an, the people asked, 'O Allah's Apostle! We used to perform Tawaf between Safa and Marwa and Allah has revealed (the verses concerning) Tawaf of the Ka`ba and has not mentioned Safa and Marwa. Is there any harm if we perform Tawaf between Safa and Marwa?' So Allah revealed: "Verily As-Safa and Al- Marwa are among the symbols of Allah." Abu Bakr said, "It seems that this verse was revealed concerning the two groups, those who used to refrain from Tawaf between Safa and Marwa in the Pre- Islamic Period of ignorance and those who used to perform the Tawaf then, and after embracing Islam they refrained from the Tawaf between them as Allah had enjoined Tawaf of the Ka`ba and did not mention Tawaf (of Safa and Marwa) till later after mentioning the Tawaf of the Ka`ba.'

Sa`d bin Mu`adh came to Mecca with the intention of performing `Umra, and stayed at the house of Umaiya bin Khalaf Abi Safwan, for Umaiya himself used to stay at Sa`d's house when he passed by Medina on his way to Sham. Umaiya said to Sa`d, "Will you wait till midday when the people are (at their homes), then you may go and perform the Tawaf round the Ka`ba?" So, while Sa`d was going around the Ka`ba, Abu Jahl came and asked, "Who is that who is performing Tawaf?" Sa`d replied, "I am Sa`d." Abu Jahl said, "Are you circumambulating the Ka`ba safely although you have given refuge to Muhammad and his companions?" Sa`d said, "Yes," and they started quarreling. Umaiya said to Sa`d, "Don't shout at Abi-l-Hakam (i.e. Abu Jahl), for he is chief of the valley (of Mecca)." Sa`d then said (to Abu Jahl). 'By Allah, if you prevent me from performing the Tawaf of the Ka`ba, I will spoil your trade with Sham." Umaiya kept on saying to Sa`d, "Don't raise your voice." and kept on taking hold of him. Sa`d became furious and said, (to Umaiya), "Be away from me, for I have heard Muhammad saying that he will kill you." Umaiiya said, "Will he kill me?" Sa`d said, "Yes,." Umaiya said, "By Allah! When Muhammad says a thing, he never tells a lie." Umaiya went to his wife and said to her, "Do you know what my brother from Yathrib (i.e. Medina) has said to me?" She said, "What has he said?" He said, "He claims that he has heard Muhammad claiming that he will kill me." She said, By Allah! Muhammad never tells a lie." So when the infidels started to proceed for Badr (Battle) and declared war (against the Muslims), his wife said to him, "Don't you remember what your brother from Yathrib told you?" Umaiya decided not to go but Abu Jahl said to him, "You are from the nobles of the valley (of Mecca), so you should accompany us for a day or two." He went with them and thus Allah got him killed.

We were digging (the trench) on the day of (Al-Khandaq ( i.e. Trench )) and we came across a big solid rock. We went to the Prophet and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. So the Prophet took the spade and struck the big solid rock and it became like sand. I said, "O Allah's Apostle! Allow me to go home." (When the Prophet allowed me) I said to my wife, "I saw the Prophet in a state that I cannot treat lightly. Have you got something (for him to eat?" She replied, "I have barley and a she goat." So I slaughtered the she-kid and she ground the barley; then we put the meat in the earthenware cooking pot. Then I came to the Prophet when the dough had become soft and fermented and (the meat in) the pot over the stone trivet had nearly been well-cooked, and said, "I have got a little food prepared, so get up O Allah's Apostle, you and one or two men along with you (for the food)." The Prophet asked, "How much is that food?" I told him about it. He said, "It is abundant and good. Tell your wife not to remove the earthenware pot from the fire and not to take out any bread from the oven till I reach there." Then he said (to all his companions), "Get up." So the Muhajirn (i.e. Emigrants) and the Ansar got up. When I came to my wife, I said, "Allah's Mercy be upon you! The Prophet came along with the Muhajirin and the Ansar and those who were present with them." She said, "Did the Prophet ask you (how much food you had)?" I replied, "Yes." Then the Prophet said, "Enter and do not throng." The Prophet started cutting the bread (into pieces) and put the cooked meat over it. He covered the earthenware pot and the oven whenever he took something out of them. He would give the food to his companions and take the meat out of the pot. He went on cutting the bread and scooping the meat (for his companions) till they all ate their fill, and even then, some food remained. Then the Prophet said (to my wife), "Eat and present to others as the people are struck with hunger."

When the Prophet went out for the `Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded." The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of `Abdullah." Then he said to `Ali, "Erase (the name of) 'Apostle of Allah'." `Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing..and he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of `Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him." (In the next year) when the Prophet entered Mecca and the allowed period of stay elapsed, the infidels came to `Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" `Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) `Ali, Zaid and Ja`far quarreled about her. `Ali said, "I took her for she is the daughter of my uncle." Ja`far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to `Ali, "You are from me, and I am from you," and said to Ja`far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." `Ali said to the Prophet 'Won't you marry the daughter of Hamza?" The Prophet said, "She is the daughter of my foster brother."

Whenever Allah's Apostle intended to go on a journey, he used to draw lots amongst his wives, and Allah's Apostle used to take with him the one on whom lot fell. He drew lots amongst us during one of the Ghazwat which he fought. The lot fell on me and so I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed. I was carried (on the back of a camel) in my howdah and carried down while still in it (when we came to a halt). So we went on till Allah's Apostle had finished from that Ghazwa of his and returned. When we approached the city of Medina he announced at night that it was time for departure. So when they announced the news of departure, I got up and went away from the army camps, and after finishing from the call of nature, I came back to my riding animal. I touched my chest to find that my necklace which was made of Zifar beads (i.e. Yemenite beads partly black and partly white) was missing. So I returned to look for my necklace and my search for it detained me. (In the meanwhile) the people who used to carry me on my camel, came and took my howdah and put it on the back of my camel on which I used to ride, as they considered that I was in it. In those days women were light in weight for they did not get fat, and flesh did not cover their bodies in abundance as they used to eat only a little food. Those people therefore, disregarded the lightness of the howdah while lifting and carrying it; and at that time I was still a young girl. They made the camel rise and all of them left (along with it). I found my necklace after the army had gone. Then I came to their camping place to find no call maker of them, nor one who would respond to the call. So I intended to go to the place where I used to stay, thinking that they would miss me and come back to me (in my search). While I was sitting in my resting place, I was overwhelmed by sleep and slept. Safwan bin Al-Muattal As-Sulami Adh-Dhakwani was behind the army. When he reached my place in the morning, he saw the figure of a sleeping person and he recognized me on seeing me as he had seen me before the order of compulsory veiling (was prescribed). So I woke up when he recited Istirja' (i.e. "Inna li l-lahi wa inna llaihi raji'un") as soon as he recognized me. I veiled my face with my head cover at once, and by Allah, we did not speak a single word, and I did not hear him saying any word besides his Istirja'. He dismounted from his camel and made it kneel down, putting his leg on its front legs and then I got up and rode on it. Then he set out leading the camel that was carrying me till we overtook the army in the extreme heat of midday while they were at a halt (taking a rest). (Because of the event) some people brought destruction upon themselves and the one who spread the Ifk (i.e. slander) more, was `Abdullah bin Ubai Ibn Salul." (Urwa said, "The people propagated the slander and talked about it in his (i.e. `Abdullah's) presence and he confirmed it and listened to it and asked about it to let it prevail." `Urwa also added, "None was mentioned as members of the slanderous group besides (`Abdullah) except Hassan bin Thabit and Mistah bin Uthatha and Hamna bint Jahsh along with others about whom I have no knowledge, but they were a group as Allah said. It is said that the one who carried most of the slander was `Abdullah bin Ubai bin Salul." `Urwa added, "`Aisha disliked to have Hassan abused in her presence and she used to say, 'It was he who said: My father and his (i.e. my father's) father and my honor are all for the protection of Muhammad's honor from you."). `Aisha added, "After we returned to Medina, I became ill for a month. The people were propagating the forged statements of the slanderers while I was unaware of anything of all that, but I felt that in my present ailment, I was not receiving the same kindness from Allah's Apostle as I used to receive when I got sick. (But now) Allah's Apostle would only come, greet me and say,' How is that (lady)?' and leave. That roused my doubts, but I did not discover the evil (i.e. slander) till I went out after my convalescence, I went out with Um Mistah to Al-Manasi' where we used to answer the call of nature and we used not to go out (to answer the call of nature) except at night, and that was before we had latrines near our houses. And this habit of our concerning evacuating the bowels, was similar to the habits of the old 'Arabs living in the deserts, for it would be troublesome for us to take latrines near our houses. So I and Um Mistah who was the daughter of Abu Ruhm bin Al-Muttalib bin `Abd Manaf, whose mother was the daughter of Sakhr bin 'Amir and the aunt of Abu Bakr As-Siddiq and whose son was Mistah bin Uthatha bin `Abbas bin Al-Muttalib, went out. I and Um Mistah returned to my house after we finished answering the call of nature. Um Mistah stumbled by getting her foot entangled in her covering sheet and on that she said, 'Let Mistah be ruined!' I said, 'What a hard word you have said. Do you abuse a man who took part in the battle of Badr?' On that she said, 'O you Hantah! Didn't you hear what he (i.e. Mistah) said? 'I said, 'What did he say?' Then she told me the slander of the people of Ifk. So my ailment was aggravated, and when I reached my home, Allah's Apostle came to me, and after greeting me, said, 'How is that (lady)?' I said, 'Will you allow me to go to my parents?' as I wanted to be sure about the news through them. Allah's Apostle allowed me (and I went to my parents) and asked my mother, 'O mother! What are the people talking about?' She said, 'O my daughter! Don't worry, for scarcely is there a charming woman who is loved by her husband and whose husband has other wives besides herself that they (i.e. women) would find faults with her.' I said, 'Subhan-Allah! (I testify the uniqueness of Allah). Are the people really talking in this way?' I kept on weeping that night till dawn I could neither stop weeping nor sleep then in the morning again, I kept on weeping. When the Divine Inspiration was delayed. Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid to ask and consult them about divorcing me. Usama bin Zaid said what he knew of my innocence, and the respect he preserved in himself for me. Usama said, '(O Allah's Apostle!) She is your wife and we do not know anything except good about her.' `Ali bin Abi Talib said, 'O Allah's Apostle! Allah does not put you in difficulty and there are plenty of women other than she, yet, ask the maid-servant who will tell you the truth.' On that Allah's Apostle called Barira (i.e. the maid-servant) and said, 'O Barira! Did you ever see anything which aroused your suspicion?' Barira said to him, 'By Him Who has sent you with the Truth. I have never seen anything in her (i.e. Aisha) which I would conceal, except that she is a young girl who sleeps leaving the dough of her family exposed so that the domestic goats come and eat it.' So, on that day, Allah's Apostle got up on the pulpit and complained about `Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sa`d bin Mu`adh the brother of Banu `Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him; if he is from the tribe of Al-Aus, then I will chop his head off, and if he is from our brothers, i.e. Al-Khazraj, then order us, and we will fulfill your order.' On that, a man from Al-Khazraj got up. Um Hassan, his cousin, was from his branch tribe, and he was Sa`d bin Ubada, chief of Al-Khazraj. Before this incident, he was a pious man, but his love for his tribe goaded him into saying to Sa`d (bin Mu`adh). 'By Allah, you have told a lie; you shall not and cannot kill him. If he belonged to your people, you would not wish him to be killed.' On that, Usaid bin Hudair who was the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, 'By Allah! You are a liar! We will surely kill him, and you are a hypocrite arguing on the behalf of hypocrites.' On this, the two tribes of Al-Aus and Al Khazraj got so much excited that they were about to fight while Allah's Apostle was standing on the pulpit. Allah's Apostle kept on quietening them till they became silent and so did he. All that day I kept on weeping with my tears never ceasing, and I could never sleep. In the morning my parents were with me and I wept for two nights and a day with my tears never ceasing and I could never sleep till I thought that my liver would burst from weeping. So, while my parents were sitting with me and I was weeping, an Ansari woman asked me to grant her admittance. I allowed her to come in, and when she came in, she sat down and started weeping with me. While we were in this state, Allah's Apostle came, greeted us and sat down. He had never sat with me since that day of the slander. A month had elapsed and no Divine Inspiration came to him about my case. Allah's Apostle then recited Tashah-hud and then said, 'Amma Badu, O `Aisha! I have been informed so-andso about you; if you are innocent, then soon Allah will reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him for forgiveness for when a slave confesses his sins and asks Allah for forgiveness, Allah accepts his repentance.' (continued...) (continuing... 1): -5.462:... ... When Allah's Apostle finished his speech, my tears ceased flowing completely that I no longer felt a single drop of tear flowing. I said to my father, 'Reply to Allah's Apostle on my behalf concerning what he has said.' My father 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 on my behalf concerning what he has said.' She said, 'By Allah, I do not know what to say to Allah's Apostle.' In spite of the fact that I was a young girl and had a little knowledge of Qur'an, I said, 'By Allah, no doubt I know that you heard this (slanderous) speech so that it has been planted in your hearts (i.e. minds) and you have taken it as a truth. Now if I tell you that I am innocent, you will not believe me, and if confess to you about it, and Allah knows that I am innocent, you will surely believe me. By Allah, I find no similitude for me and you except that of Joseph's father when he said, '(For me) patience in the most fitting against that which you assert; it is Allah (Alone) Whose Help can be sought.' Then I turned to the other side and lay on my bed; and Allah knew then that I was innocent and hoped that Allah would reveal my innocence. But, by Allah, I never thought that Allah would reveal about my case, Divine Inspiration, that would be recited (forever) as I considered myself too unworthy to be talked of by Allah with something of my concern, but I hoped that Allah's Apostle might have a dream in which Allah would prove my innocence. But, by Allah, before Allah's Apostle left his seat and before any of the household left, the Divine inspiration came to Allah's Apostle. So there overtook him the same hard condition which used to overtake him, (when he used to be inspired Divinely). The sweat was dropping from his body like pearls though it was a wintry day and that was because of the weighty statement which was being revealed to him. When that state of Allah's Apostle was over, he got up smiling, and the first word he said was, 'O `Aisha! Allah has declared your innocence!' Then my Mother said to me, 'Get up and go to him (i.e. Allah's Apostle). I replied, 'By Allah, I will not go to him, and I praise none but Allah. So Allah revealed the ten Verses:- - "Verily! They who spread the slander Are a gang, among you............." (24.11-20) Allah revealed those Qur'anic Verses to declare my innocence. Abu Bakr As-Siddiq who used to disburse money for Mistah bin Uthatha because of his relationship to him and his poverty, said, 'By Allah, I will never give to Mistah bin Uthatha anything after what he has said about Aisha.' Then Allah revealed:-- "And let not those among you who are good and wealthy swear not to give (any sort of help) to their kinsmen, those in need, and those who have left their homes for Allah's cause, let them pardon and forgive. Do you not love that Allah should forgive you? And Allah is oft-Forgiving Most Merciful." (24.22) Abu Bakr As-Siddiq said, 'Yes, by Allah, I would like that Allah forgive me.' and went on giving Mistah the money he used to give him before. He also added, 'By Allah, I will never deprive him of it at all.' Aisha further said:." Allah's Apostle also asked Zainab bint Jahsh (i.e. his wife) about my case. He said to Zainab, 'What do you know and what did you see?" She replied, "O Allah's Apostle! I refrain from claiming falsely that I have heard or seen anything. By Allah, I know nothing except good (about `Aisha).' From amongst the wives of the Prophet Zainab was my peer (in beauty and in the love she received from the Prophet) but Allah saved her from that evil because of her piety. Her sister Hamna, started struggling on her behalf and she was destroyed along with those who were destroyed. The man who was blamed said, 'Subhan-Allah! By Him in Whose Hand my soul is, I have never uncovered the cover (i.e. veil) of any female.' Later on the man was martyred in Allah's Cause."

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

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.

He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.

Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.

The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).

Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.

The Prophet said, "On the Day of Resurrection the Believers will assemble and say, 'Let us ask somebody to intercede for us with our Lord.' So they will go to Adam and say, 'You are the father of all the people, and Allah created you with His Own Hands, and ordered the angels to prostrate to you, and taught you the names of all things; so please intercede for us with your Lord, so that He may relieve us from this place of ours.' Adam will say, 'I am not fit for this (i.e. intercession for you).' Then Adam will remember his sin and feel ashamed thereof. He will say, 'Go to Noah, for he was the first Apostle, Allah sent to the inhabitants of the earth.' They will go to him and Noah will say, 'I am not fit for this undertaking.' He will remember his appeal to his Lord to do what he had no knowledge of, then he will feel ashamed thereof and will say, 'Go to the Khalil--r-Rahman (i.e. Abraham).' They will go to him and he will say, 'I am not fit for this undertaking. Go to Moses, the slave to whom Allah spoke (directly) and gave him the Torah .' So they will go to him and he will say, 'I am not fit for this undertaking.' and he will mention (his) killing a person who was not a killer, and so he will feel ashamed thereof before his Lord, and he will say, 'Go to Jesus, Allah's Slave, His Apostle and Allah's Word and a Spirit coming from Him. Jesus will say, 'I am not fit for this undertaking, go to Muhammad the Slave of Allah whose past and future sins were forgiven by Allah.' So they will come to me and I will proceed till I will ask my Lord's Permission and I will be given permission. When I see my Lord, I will fall down in Prostration and He will let me remain in that state as long as He wishes and then I will be addressed.' (Muhammad!) Raise your head. Ask, and your request will be granted; say, and your saying will be listened to; intercede, and your intercession will be accepted.' I will raise my head and praise Allah with a saying (i.e. invocation) He will teach me, and then I will intercede. He will fix a limit for me (to intercede for) whom I will admit into Paradise. Then I will come back again to Allah, and when I see my Lord, the same thing will happen to me. And then I will intercede and Allah will fix a limit for me to intercede whom I will let into Paradise, then I will come back for the third time; and then I will come back for the fourth time, and will say, 'None remains in Hell but those whom the Qur'an has imprisoned (in Hell) and who have been destined to an eternal stay in Hell.' " (The compiler) Abu `Abdullah said: 'But those whom the Qur'an has imprisoned in Hell,' refers to the Statement of Allah: "They will dwell therein forever." (16.29)

Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."

Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "

Anas continued, "Abu Talha went out and met 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, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."

Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."

Abu Bakr asked the Prophet to allow him to go out (of Mecca) when he was greatly annoyed (by the infidels). But the Prophet said to him, ''Wait." Abu Bakr said, O Allah's Apostle! Do you hope that you will be allowed (to migrate)?" Allah's Apostle replied, "I hope so." So Abu Bakr waited for him till one day Allah's Apostle came at noon time and addressed him saying "Let whoever is present with you, now leave you." Abu Bakr said, "None is present but my two daughters." The Prophet said, "Have you noticed that I have been allowed to go out (to migrate)?" Abu Bakr said, "O Allah's Apostle, I would like to accompany you." The Prophet said, "You will accompany me." Abu Bakr said, "O Allah's Apostle! I have got two she-camels which I had prepared and kept ready for (our) going out." So he gave one of the two (she-camels) to the Prophet and it was Al-Jad`a . They both rode and proceeded till they reached the Cave at the mountain of Thaur where they hid themselves. Amir bin Fuhaira was the slave of `Abdullah bin at-Tufail bin Sakhbara `Aisha's brother from her mother's side. Abu Bakr had a milch she-camel. Amir used to go with it (i.e. the milch she-camel) in the afternoon and come back to them before noon by setting out towards them in the early morning when it was still dark and then he would take it to the pasture so that none of the shepherds would be aware of his job. When the Prophet (and Abu Bakr) went away (from the Cave), he (i.e. 'Amir) too went along with them and they both used to make him ride at the back of their camels in turns till they reached Medina. 'Amir bin Fuhaira was martyred on the day of Bir Ma'una. Narrated `Urwa: When those (Muslims) at Bir Ma'una were martyred and `Amr bin Umaiya Ad- Damri was taken prisoner, 'Amir bin at-Tufail, pointing at a killed person, asked `Amr, "Who is this?" `Amr bin Umaiya said to him, "He is 'Amir bin Fuhaira." 'Amir bin at-Tufail said, "I saw him lifted to the sky after he was killed till I saw the sky between him and the earth, and then he was brought down upon the earth. Then the news of the killed Muslims reached the Prophet and he announced the news of their death saying, "Your companions (of Bir Ma'una) have been killed, and they have asked their Lord saying, 'O our Lord! Inform our brothers about us as we are pleased with You and You are pleased with us." So Allah informed them (i.e. the Prophet and his companions) about them (i.e. martyrs of Bir Mauna). On that day, `Urwa bin Asma bin As-Salt who was one of them, was killed, and `Urwa (bin Az- Zubair) was named after `Urwa bin Asma and Mundhir (bin AzZubair) was named after Mundhir bin `Amr (who had also been martyred on that day).

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

They said: Bier of Abdullah ibn Umayr. So I followed it. Suddenly I saw a man, who had a thin garment on riding his small mule. He had a piece of cloth on his head to protect himself from the sun. I asked: Who is this important man? People said: This is Anas ibn Malik.

When the bier was placed, Anas stood and led the funeral prayer over him while I was just behind him, and there was no obstruction between me and him. He stood near his head, and uttered four takbirs (Allah is Most Great). He neither lengthened the prayer nor hurried it. He then went to sit down. They said: AbuHamzah, (here is the bier of) an Ansari woman. They brought her near him and there was a green cupola-shaped structure over her bier. He stood opposite her hips and led the funeral prayer over her as he had led it over the man. He then sat down.

Al-Ala' ibn Ziyad asked: AbuHamzah, did the Messenger of Allah (saws) say the funeral prayer over the dead as you have done, uttering four takbirs (Allah is Most Great) over her, and standing opposite the head of a man and the hips of a woman?

He replied: Yes. He asked: AbuHamzah, did you fight with the Messenger of Allah? He replied: Yes. I fought with him in the battle of Hunayn. The polytheists came out and invaded us so severely that we saw our horses behind our backs. Among the people (i.e. the unbelievers) there was a man who was attacking us, and striking and wounding us (with his sword). Allah then defeated them. They were then brought and began to take the oath of allegiance to him for Islam.

A man from among the companions of the Prophet (saws) said: I make a vow to myself that if Allah brings the man who was striking us (with his sword) that day, I shall behead him. The Messenger of Allah (saws) kept silent and the man was brought (as a captive).

When he saw the Messenger of Allah (saws), he said: Messenger of Allah, I have repented to Allah. The Messenger of Allah (saws) stopped (for a while) receiving his oath of allegiance, so that the other man might fulfil his vow. But the man began to wait for the order of the Messenger of Allah (saws) for his murder. He was afraid of the Messenger of Allah (saws) to kill him. When the Messenger of Allah (saws) saw that he did not do anything, he received his oath of allegiance. The man said: Messenger of Allah, what about my vow? He said: I stopped (receiving his oath of allegiance) today so that you might fulfil your vow. He said: Messenger of Allah, why did you not give any signal to me? The Prophet (saws) said: It is not worthy of a Prophet to give a signal.

AbuGhalib said: I asked (the people) about Anas standing opposite the hips of a woman. They told me that this practice was due to the fact that (in the days of the Prophet) there were no cupola-shaped structures over the biers of women. So the imam used to stand opposite the hips of a woman to hide her from the people.

Abu Dawud said: The saying of the Prophet (saws) "I have been commanded to fight against the people until they say: There is no god bu Allah" abrogated this tradition of fulfilling the vow by his remark: "I have repented".

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

Ibn `Abbas said to us, "Shall I tell you the story of Abu Dhar's conversion to Islam?" We said, "Yes." He said, "Abu Dhar said: I was a man from the tribe of Ghifar. We heard that a man had appeared in Mecca, claiming to be a Prophet. ! said to my brother, 'Go to that man and talk to him and bring me his news.' He set out, met him and returned. I asked him, 'What is the news with you?' He said, 'By Allah, I saw a man enjoining what is good and forbidding what is evil.' I said to him, 'You have not satisfied me with this little information.' So, I took a waterskin and a stick and proceeded towards Mecca. Neither did I know him (i.e. the Prophet ), nor did I like to ask anyone about him. I Kept on drinking Zam zam water and staying in the Mosque. Then `Ali passed by me and said, 'It seems you are a stranger?' I said, 'Yes.' He proceeded to his house and I accompanied him. Neither did he ask me anything, nor did I tell him anything. Next morning I went to the Mosque to ask about the Prophet but no-one told me anything about him. `Ali passed by me again and asked, 'Hasn't the man recognized his dwelling place yet' I said, 'No.' He said, 'Come along with me.' He asked me, 'What is your business? What has brought you to this town?' I said to him, 'If you keep my secret, I will tell you.' He said, 'I will do,' I said to him, 'We have heard that a person has appeared here, claiming to be a Prophet. I sent my brother to speak to him and when he returned, he did not bring a satisfactory report; so I thought of meeting him personally.' `Ali said (to Abu Dhar), 'You have reached your goal; I am going to him just now, so follow me, and wherever I enter, enter after me. If I should see someone who may cause you trouble, I will stand near a wall pretending to mend my shoes (as a warning), and you should go away then.' `Ali proceeded and I accompanied him till he entered a place, and I entered with him to the Prophet to whom I said, 'Present (the principles of) Islam to me.' When he did, I embraced Islam 'immediately. He said to me, 'O Abu Dhar! Keep your conversion as a secret and return to your town; and when you hear of our victory, return to us. ' I said, 'By H him Who has sent you with the Truth, I will announce my conversion to Islam publicly amongst them (i.e. the infidels),' Abu Dhar went to the Mosque, where some people from Quraish were present, and said, 'O folk of Quraish ! I testify that None has the right to be worshipped except Allah, and I (also) testify that Muhammad is Allah's Slave and His Apostle.' (Hearing that) the Quraishi men said, 'Get at this Sabi (i.e. Muslim) !' They got up and beat me nearly to death. Al `Abbas saw me and threw himself over me to protect me. He then faced them and said, 'Woe to you! You want to kill a man from the tribe of Ghifar, although your trade and your communications are through the territory of Ghifar?' They therefore left me. The next morning I returned (to the Mosque) and said the same as I have said on the previous day. They again said, 'Get at this Sabi!' I was treated in the same way as on the previous day, and again Al-Abbas found me and threw himself over me to protect me and told them the same as he had said the day before.' So, that was the conversion of Abu Dhar (may Allah be Merciful to him) to Islam."

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

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

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

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

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

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

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

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

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

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

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

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

Some (cooked) meat was brought to Allah Apostle and the meat of a forearm was presented to him as he used to like it. He ate a morsel of it and said, "I will be the chief of all the people on the Day of Resurrection. Do you know the reason for it? Allah will gather all the human being of early generations as well as late generation on one plain so that the announcer will be able to make them all-hear his voice and the watcher will be able to see all of them. The sun will come so close to the people that they will suffer such distress and trouble as they will not be able to bear or stand. Then the people will say, 'Don't you see to what state you have reached? Won't you look for someone who can intercede for you with your Lord' Some people will say to some others, 'Go to Adam.' So they will go to Adam and say to him. 'You are the father of mankind; Allah created you with His Own Hand, and breathed into you of His Spirit (meaning the spirit which he created for you); and ordered the angels to prostrate before you; so (please) intercede for us with your Lord. Don't you see in what state we are? Don't you see what condition we have reached?' Adam will say, 'Today my Lord has become angry as He has never become before, nor will ever become thereafter. He forbade me (to eat of the fruit of) the tree, but I disobeyed Him . Myself! Myself! Myself! (I am preoccuied with my own problems). Go to someone else; go to Noah.' So they will go to Noah and say (to him), 'O Noah! You are the first (of Allah's Messengers) to the people of the earth, and Allah has named you a thankful slave; please intercede for us with your Lord. Don't you see in what state we are?' He will say.' Today my Lord has become angry as He has never become nor will ever become thereafter. I had (in the world) the right to make one definitely accepted invocation, and I made it against my nation. Myself! Myself! Myself! Go to someone else; go to Abraham.' They will go to Abraham and say, 'O Abraham! You are Allah's Apostle and His Khalil from among the people of the earth; so please intercede for us with your Lord. Don't you see in what state we are?' He will say to them, 'My Lord has today become angry as He has never become before, nor will ever become thereafter. I had told three lies (Abu Haiyan (the sub-narrator) mentioned them in the Hadith) Myself! Myself! Myself! Go to someone else; go to Moses.' The people will then go to Moses and say, 'O Moses! You art Allah's Apostle and Allah gave you superiority above the others with this message and with His direct Talk to you; (please) intercede for us with your Lord Don't you see in what state we are?' Moses will say, 'My Lord has today become angry as He has never become before, nor will become thereafter, I killed a person whom I had not been ordered to kill. Myself! Myself! Myself! Go to someone else; go to Jesus.' So they will go to Jesus and say, 'O Jesus! You are Allah's Apostle and His Word which He sent to Mary, and a superior soul created by Him, and you talked to the people while still young in the cradle. Please intercede for us with your Lord. Don't you see in what state we are?' Jesus will say. 'My Lord has today become angry as He has never become before nor will ever become thereafter. Jesus will not mention any sin, but will say, 'Myself! Myself! Myself! Go to someone else; go to Muhammad.' So they will come to me and say, 'O Muhammad ! You are Allah's Apostle and the last of the prophets, and Allah forgave your early and late sins. (Please) intercede for us with your Lord. Don't you see in what state we are?" The Prophet added, "Then I will go beneath Allah's Throne and fall in prostration before my Lord. And then Allah will guide me to such praises and glorification to Him as He has never guided anybody else before me. Then it will be said, 'O Muhammad Raise your head. Ask, and it will be granted. Intercede and It (your intercession) will be accepted.' So I will raise my head and Say, 'My followers, O my Lord! My followers, O my Lord'. It will be said, 'O Muhammad! Let those of your followers who have no accounts, enter through such a gate of the gates of Paradise as lies on the right; and they will share the other gates with the people." The Prophet further said, "By Him in Whose Hand my soul is, the distance between every two gate-posts of Paradise is like the distance between Mecca and Busra (in Sham).

The Prophet said, "The believers will be kept (waiting) on the Day of Resurrection so long that they will become worried and say, "Let us ask somebody to intercede far us with our Lord so that He may relieve us from our place.

Then they will go to Adam and say, 'You are Adam, the father of the people. Allah created you with His Own Hand and made you reside in His Paradise and ordered His angels to prostrate before you, and taught you the names of all things will you intercede for us with your Lord so that He may relieve us from this place of ours? Adam will say, 'I am not fit for this undertaking.' He will mention his mistakes he had committed, i.e., his eating off the tree though he had been forbidden to do so. He will add, 'Go to Noah, the first prophet sent by Allah to the people of the Earth.' The people will go to Noah who will say, 'I am not fit for this undertaking' He will mention his mistake which he had done, i.e., his asking his Lord without knowledge.' He will say (to them), 'Go to Abraham, Khalil Ar-Rahman.' They will go to Abraham who will say, 'I am not fit for this undertaking. He would mention three words by which he told a lie, and say (to them). 'Go to Moses, a slave whom Allah gave the Torah and spoke to, directly and brought near Him, for conversation.'

They will go to Moses who will say, 'I am not fit for this undertaking. He will mention his mistake he made, i.e., killing a person, and will say (to them), 'Go to Jesus, Allah's slave and His Apostle, and a soul created by Him and His Word.' (Be: And it was.) They will go to Jesus who will say, 'I am not fit for this undertaking but you'd better go to Muhammad the slave whose past and future sins have been forgiven by Allah.' So they will come to me, and I will ask my Lord's permission to enter His House and then I will be permitted. When I see Him I will fall down in prostration before Him, and He will leave me (in prostration) as long as He will, and then He will say, 'O Muhammad, lift up your head and speak, for you will be listened to, and intercede, for your intercession will be accepted, and ask (for anything) for it will be granted:' Then I will raise my head and glorify my Lord with certain praises which He has taught me. Allah will put a limit for me (to intercede for a certain type of people) I will take them out and make them enter Paradise." (Qatada said: I heard Anas saying that), the Prophet said, "I will go out and take them out of Hell (Fire) and let them enter Paradise, and then I will return and ask my Lord for permission to enter His House and I will be permitted.

When I will see Him I will fall down in prostration before Him and He will leave me in prostration as long as He will let me (in that state), and then He will say, 'O Muhammad, raise your head and speak, for you will be listened to, and intercede, for your intercession will be accepted, and ask, your request will be granted.' " The Prophet added, "So I will raise my head and glorify and praise Him as He has taught me. Then I will intercede and He will put a limit for me (to intercede for a certain type of people). I will take them out and let them enter Paradise." (Qatada added: I heard Anas saying that) the Prophet said, 'I will go out and take them out of Hell (Fire) and let them enter Paradise, and I will return for the third time and will ask my Lord for permission to enter His house, and I will be allowed to enter.

When I see Him, I will fall down in prostration before Him, and will remain in prostration as long as He will, and then He will say, 'Raise your head, O Muhammad, and speak, for you will be listened to, and intercede, for your intercession will be accepted, and ask, for your request will be granted.' So I will raise my head and praise Allah as He has taught me and then I will intercede and He will put a limit for me (to intercede for a certain type of people). I will take them out and let them enter Paradise." (Qatada said: I heard Anas saying that) the Prophet said, "So I will go out and take them out of Hell (Fire) and let them enter Paradise, till none will remain in the Fire except those whom Quran will imprison (i.e., those who are destined for eternal life in the fire)." The narrator then recited the Verse:-- "It may be that your Lord will raise you to a Station of Praise and Glory.' (17.79) The narrator added: This is the Station of Praise and Glory which Allah has promised to your Prophet.

When Abraham had differences with his wife), (because of her jealousy of Hajar, Ishmael's mother), he took Ishmael and his mother and went away. They had a water-skin with them containing some water, Ishmael's mother used to drink water from the water-skin so that her milk would increase for her child. When Abraham reached Mecca, he made her sit under a tree and afterwards returned home. Ishmael's mother followed him, and when they reached Kada', she called him from behind, 'O Abraham! To whom are you leaving us?' He replied, '(I am leaving you) to Allah's (Care).' She said, 'I am satisfied to be with Allah.' She returned to her place and started drinking water from the water-skin, and her milk increased for her child. When the water had all been used up, she said to herself, 'I'd better go and look so that I may see somebody.' She ascended the Safa mountain and looked, hoping to see somebody, but in vain. When she came down to the valley, she ran till she reached the Marwa mountain. She ran to and fro (between the two mountains) many times. They she said to herself, 'i'd better go and see the state of the child,' she went and found it in a state of one on the point of dying. She could not endure to watch it dying and said (to herself), 'If I go and look, I may find somebody.' She went and ascended the Safa mountain and looked for a long while but could not find anybody. Thus she completed seven rounds (of running) between Safa and Marwa. Again she said (to herself), 'I'd better go back and see the state of the child.' But suddenly she heard a voice, and she said to that strange voice, 'Help us if you can offer any help.' Lo! It was Gabriel (who had made the voice). Gabriel hit the earth with his heel like this (Ibn `Abbas hit the earth with his heel to Illustrate it), and so the water gushed out. Ishmael's mother was astonished and started digging. (Abu Al-Qasim) (i.e. the Prophet) said, "If she had left the water, (flow naturally without her intervention), it would have been flowing on the surface of the earth.") Ishmael's mother started drinking from the water and her milk increased for her child . Afterwards some people of the tribe of Jurhum, while passing through the bottom of the valley, saw some birds, and that astonished them, and they said, 'Birds can only be found at a place where there is water.' They sent a messenger who searched the place and found the water, and returned to inform them about it. Then they all went to her and said, 'O ishmael's mother! Will you allow us to be with you (or dwell with you)?' (And thus they stayed there.) Later on her boy reached the age of puberty and married a lady from them. Then an idea occurred to Abraham which he disclosed to his wife (Sarah), 'I want to call on my dependents I left (at Mecca).' When he went there, he greeted (Ishmael's wife) and said, 'Where is Ishmael?' She replied, 'He has gone out hunting.' Abraham said (to her), 'When he comes, tell him to change the threshold of his gate.' When he came, she told him the same whereupon Ishmael said to her, 'You are the threshold, so go to your family (i.e. you are divorced).' Again Abraham thought of visiting his dependents whom he had left (at Mecca), and he told his wife (Sarah) of his intentions. Abraham came to Ishmael's house and asked. "Where is Ishmael?" Ishmael's wife replied, "He has gone out hunting," and added, "Will you stay (for some time) and have something to eat and drink?' Abraham asked, 'What is your food and what is your drink?' She replied, 'Our food is meat and our drink is water.' He said, 'O Allah! Bless their meals and their drink." Abu Al-Qa-sim (i.e. Prophet) said, "Because of Abraham's invocation there are blessings (in Mecca)." Once more Abraham thought of visiting his family he had left (at Mecca), so he told his wife (Sarah) of his decision. He went and found Ishmael behind the Zamzam well, mending his arrows. He said, "O Ishmael, Your Lord has ordered me to build a house for Him." Ishmael said, "Obey (the order of) your Lord." Abraham said, "Allah has also ordered me that you should help me therein." Ishmael said, "Then I will do." So, both of them rose and Abraham started building (the Ka`ba) while Ishmael went on handing him the stones, and both of them were saying, "O our Lord ! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing." (2.127). When the building became high and the old man (i.e. Abraham) could no longer lift the stones (to such a high position), he stood over the stone of Al- Maqam and Ishmael carried on handing him the stones, and both of them were saying, 'O our Lord! Accept (this service) from us, Verily You are All-Hearing, All-Knowing." (2.127)

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that `Abdullah said to him, "What if it is two million and two hundred thousand?" Hakim said, "I don't think you can pay it; so if you are unable to pay all of it, I will help you." Az- Zubair had already bought Al-Ghaba for one hundred and seventy thousand. `Abdullah sold it for one million and six hundred thousand. Then he called the people saying, "Any person who has any money claim on Az-Zubair should come to us in Al-Ghaba." There came to him `Abdullah bin Ja`far whom Az-Zubair owed four hundred thousand. He said to `Abdullah bin Az-Zubair, "If you wish I will forgive you the debt." `Abdullah (bin Az-Zubair) said, "No." Then Ibn Ja`far said, "If you wish you can defer the payment if you should defer the payment of any debt." Ibn Az-Zubair said, "No." `Abdullah bin Ja`far said, "Give me a piece of the land." `Abdullah bin AzZubair said (to him), "Yours is the land extending from this place to this place." So, `Abdullah bin Az-Zubair sold some of the property (including the houses) and paid his debt perfectly, retaining four and a half shares from the land (i.e. Al-Ghaba). He then went to Mu'awlya while `Amr bin `Uthman, Al-Mundhir bin Az- Zubair and Ibn Zam`a were sitting with him. Mu'awiya asked, "At what price have you appraised Al- Ghaba?" He said, "One hundred thousand for each share," Muawiya asked, "How many shares have been left?" `Abdullah replied, "Four and a half shares." Al-Mundhir bin Az-Zubair said, "I would like to buy one share for one hundred thousand." `Amr bin `Uthman said, "I would like to buy one share for one hundred thousand." Ibn Zam`a said, "I would like to buy one share for one hundred thousand." Muawiya said, "How much is left now?" `Abdullah replied, "One share and a half." Muawiya said, "I would like to buy it for one hundred and fifty thousand." `Abdullah also sold his part to Muawiya six hundred thousand. When Ibn AzZubair had paid all the debts. Az-Zubair's sons said to him, "Distribute our inheritance among us." He said, "No, by Allah, I will not distribute it among you till I announce in four successive Hajj seasons, 'Would those who have money claims on Az-Zubair come so that we may pay them their debt." So, he started to announce that in public in every Hajj season, and when four years had elapsed, he distributed the inheritance among the inheritors. Az-Zubair had four wives, and after the one-third of his property was excluded (according to the will), each of his wives received one million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

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