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.

I had been eager to ask `Umar about the two ladies from among the wives of the Prophet regarding whom Allah said (in the Qur'an saying): If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes) (66.4), till performed the Hajj along with `Umar (and on our way back from Hajj) he went aside (to answer the call of nature) and I also went aside along with him carrying a tumbler of water. When he had answered the call of nature and returned. I poured water on his hands from the tumbler and he performed ablution. I said, "O Chief of the believers! ' Who were the two ladies from among the wives of the Prophet to whom Allah said: 'If you two return in repentance (66.4)? He said, "I am astonished at your question, O Ibn `Abbas. They were Aisha and Hafsa." Then `Umar went on relating the narration and said. "I and an Ansari neighbor of mine from Bani Umaiya bin Zaid who used to live in `Awali Al-Medina, used to visit the Prophet in turns. He used to go one day, and I another day. When I went I would bring him the news of what had happened that day regarding the instructions and orders and when he went, he used to do the same for me. We, the people of Quraish, used to have authority over women, but when we came to live with the Ansar, we noticed that the Ansari women had the upper hand over their men, so our women started acquiring the habits of the Ansari women. Once I shouted at my wife and she paid me back in my coin and I disliked that she should answer me back. She said, 'Why do you take it ill that I retort upon you? By Allah, the wives of the Prophet retort upon him, and some of them may not speak with him for the whole day till night.' What she said scared me and I said to her, 'Whoever amongst them does so, will be a great loser.' Then I dressed myself and went to Hafsa and asked her, 'Does any of you keep Allah's Apostle angry all the day long till night?' She replied in the affirmative. I said, 'She is a ruined losing person (and will never have success)! Doesn't she fear that Allah may get angry for the anger of Allah's Apostle and thus she will be ruined? Don't ask Allah's Apostle too many things, and don't retort upon him in any case, and don't desert him. Demand from me whatever you like, and don't be tempted to imitate your neighbor (i.e. `Aisha) in her behavior towards the Prophet), for she (i.e. Aisha) is more beautiful than you, and more beloved to Allah's Apostle. In those days it was rumored that Ghassan, (a tribe living in Sham) was getting prepared their horses to invade us. My companion went (to the Prophet on the day of his turn, went and returned to us at night and knocked at my door violently, asking whether I was sleeping. I was scared (by the hard knocking) and came out to him. He said that a great thing had happened. I asked him: What is it? Have Ghassan come? He replied that it was worse and more serious than that, and added that Allah's Apostle had divorced all his wives. I said, Hafsa is a ruined loser! I expected that would happen some day.' So I dressed myself and offered the Fajr prayer with the Prophet. Then the Prophet entered an upper room and stayed there alone. I went to Hafsa and found her weeping. I asked her, 'Why are you weeping? Didn't I warn you? Have Allah's Apostle divorced you all?' She replied, 'I don't know. He is there in the upper room.' I then went out and came to the pulpit and found a group of people around it and some of them were weeping. Then I sat with them for some time, but could not endure the situation. So I went to the upper room where the Prophet was and requested to a black slave of his: "Will you get the permission of (Allah's Apostle) for `Umar (to enter)? The slave went in, talked to the Prophet about it and came out saying, 'I mentioned you to him but he did not reply.' So, I went and sat with the people who were sitting by the pulpit, but I could not bear the situation, so I went to the slave again and said: "Will you get he permission for `Umar? He went in and brought the same reply as before. When I was leaving, behold, the slave called me saying, "Allah's Apostle has granted you permission." So, I entered upon the Prophet and saw him lying on a mat without wedding on it, and the mat had left its mark on the body of the Prophet, and he was leaning on a leather pillow stuffed with palm fires. I greeted him and while still standing, I said: "Have you divorced your wives?' He raised his eyes to me and replied in the negative. And then while still standing, I said chatting: "Will you heed what I say, 'O Allah's Apostle! We, the people of Quraish used to have the upper hand over our women (wives), and when we came to the people whose women had the upper hand over them..." `Umar told the whole story (about his wife). "On that the Prophet smiled." `Umar further said, "I then said, 'I went to Hafsa and said to her: Do not be tempted to imitate your companion (`Aisha) for she is more beautiful than you and more beloved to the Prophet.' The Prophet smiled again. When I saw him smiling, I sat down and cast a glance at the room, and by Allah, I couldn't see anything of importance but three hides. I said (to Allah's Apostle) "Invoke Allah to make your followers prosperous for the Persians and the Byzantines have been made prosperous and given worldly luxuries, though they do not worship Allah?' The Prophet was leaning then (and on hearing my speech he sat straight) and said, 'O Ibn Al-Khattab! Do you have any doubt (that the Hereafter is better than this world)? These people have been given rewards of their good deeds in this world only.' I asked the Prophet . 'Please ask Allah's forgiveness for me. The Prophet did not go to his wives because of the secret which Hafsa had disclosed to `Aisha, and he said that he would not go to his wives for one month as he was angry with them when Allah admonished him (for his oath that he would not approach Maria). When twenty-nine days had passed, the Prophet went to Aisha first of all. She said to him, 'You took an oath that you would not come to us for one month, and today only twenty-nine days have passed, as I have been counting them day by day.' The Prophet said, 'The month is also of twenty-nine days.' That month consisted of twenty-nine days. `Aisha said, 'When the Divine revelation of Choice was revealed, the Prophet started with me, saying to me, 'I am telling you something, but you need not hurry to give the reply till you can consult your parents." `Aisha knew that her parents would not advise her to part with the Prophet . The Prophet said that Allah had said: 'O Prophet! Say To your wives; If you desire The life of this world And its glitter, ... then come! I will make a provision for you and set you free In a handsome manner. But if you seek Allah And His Apostle, and The Home of the Hereafter, then Verily, Allah has prepared For the good-doers amongst you A great reward.' (33.28) `Aisha said, 'Am I to consult my parents about this? I indeed prefer Allah, His Apostle, and the Home of the Hereafter.' After that the Prophet gave the choice to his other wives and they also gave the same reply as `Aisha did."

The Prophet went out to one of the gardens of Medina for some business and I went out to follow him. When he entered the garden, I sat at its gate and said to myself, "To day I will be the gatekeeper of the Prophet though he has not ordered me." The Prophet went and finished his need and went to sit on the constructed edge of the well and uncovered his legs and hung them in the well. In the meantime Abu Bakr came and asked permission to enter. I said (to him), "Wait till I get you permission." Abu Bakr waited outside and I went to the Prophet and said, "O Allah's Prophet! Abu Bakr asks your permission to enter." He said, "Admit him, and give him the glad tidings of entering Paradise." So Abu Bakr entered and sat on the right side of the Prophet and uncovered his legs and hung them in the well. Then `Umar came and I said (to him), "Wait till I get you permission." The Prophet said, "Admit him and give him the glad tidings of entering Paradise." So `Umar entered and sat on the left side of the Prophet and uncovered his legs and hung them in the well so that one side of the well became fully occupied and there remained no place for any-one to sit. Then `Uthman came and I said (to him), "Wait till I get permission for you." The Prophet said, "Admit him and give him the glad tidings of entering Paradise with a calamity which will befall him." When he entered, he could not find any place to sit with them so he went to the other edge of the well opposite them and uncovered his legs and hung them in the well. I wished that a brother of mine would come, so I invoked Allah for his coming. (Ibn Al-Musaiyab said, "I interpreted that (narration) as indicating their graves. The first three are together and the grave of `Uthman is separate from theirs.")

(the son of Muhib) An Egyptian who came and performed the Hajj to the Ka`ba saw some people sitting. He enquire, "Who are these people?" Somebody said, "They are the tribe of Quraish." He said, "Who is the old man sitting amongst them?" The people replied, "He is `Abdullah bin `Umar." He said, "O Ibn `Umar! I want to ask you about something; please tell me about it. Do you know that `Uthman fled away on the day (of the battle) of Uhud?" Ibn `Umar said, "Yes." The (Egyptian) man said, "Do you know that `Uthman was absent on the day (of the battle) of Badr and did not join it?" Ibn `Umar said, "Yes." The man said, "Do you know that he failed to attend the Ar Ridwan pledge and did not witness it (i.e. Hudaibiya pledge of allegiance)?" Ibn `Umar said, "Yes." The man said, "Allahu Akbar!" Ibn `Umar said, "Let me explain to you (all these three things). As for his flight on the day of Uhud, I testify that Allah has excused him and forgiven him; and as for his absence from the battle of Badr, it was due to the fact that the daughter of Allah's Apostle was his wife and she was sick then. Allah's Apostle said to him, "You will receive the same reward and share (of the booty) as anyone of those who participated in the battle of Badr (if you stay with her).' As for his absence from the Ar-Ridwan pledge of allegiance, had there been any person in Mecca more respectable than `Uthman (to be sent as a representative). Allah's Apostle would have sent him instead of him. No doubt, Allah's Apostle had sent him, and the incident of the Ar-Ridwan pledge of Allegiance happened after `Uthman had gone to Mecca. Allah's Apostle held out his right hand saying, 'This is `Uthman's hand.' He stroke his (other) hand with it saying, 'This (pledge of allegiance) is on the behalf of `Uthman.' Then Ibn `Umar said to the man, 'Bear (these) excuses in mind with you.'

Allah's Apostle (and his army) encountered the pagans and the two armies.,, fought and then Allah's Apostle returned to his army camps and the others (i.e. the enemy) returned to their army camps. Amongst the companions of the Prophet there was a man who could not help pursuing any single isolated pagan to strike him with his sword. Somebody said, "None has benefited the Muslims today more than so-and-so." On that Allah's Apostle said, "He is from the people of the Hell-Fire certainly." A man amongst the people (i.e. Muslims) said, "I will accompany him (to know the fact)." So he went along with him, and whenever he stopped he stopped with him, and whenever he hastened, he hastened with him. The (brave) man then got wounded severely, and seeking to die at once, he planted his sword into the ground and put its point against his chest in between his breasts, and then threw himself on it and committed suicide. On that the person (who was accompanying the deceased all the time) came to Allah's Apostle and said, "I testify that you are the Apostle of Allah." The Prophet said, "Why is that (what makes you say so)?" He said "It is concerning the man whom you have already mentioned as one of the dwellers of the Hell-Fire. The people were surprised by your statement, and I said to them, "I will try to find out the truth about him for you." So I went out after him and he was then inflicted with a severe wound and because of that, he hurried to bring death upon himself by planting the handle of his sword into the ground and directing its tip towards his chest between his breasts, and then he threw himself over it and committed suicide." Allah's Apostle then said, "A man may do what seem to the people as the deeds of the dwellers of Paradise but he is from the dwellers of the Hell-Fire and another may do what seem to the people as the deeds of the dwellers of the Hell- Fire, but he is from the dwellers of Paradise."

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."

A man came to the Prophet and said, "I beseech you to judge us according to Allah's Laws." Then his opponent who was wiser than he, got up and said, "He has spoken the truth. So judge us according to Allah's Laws and please allow me (to speak), O Allah's Apostle." The Prophet said, "Speak." He said, "My son was a laborer for the family of this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom (for my son), but I asked the religious learned people (regarding this case), and they informed me that my son should be flogged onehundred stripes, and be exiled for one year, and the wife of this man should be stoned (to death)."The Prophet said, "By Him in Whose Hand my soul is, I will Judge you (in this case) according to Allah's Laws. The one-hundred (sheep) and the slave shall be returned to you and your son shall be flogged one-hundred stripes and be exiled for one year. And O Unais! Go in the morning to the wife of this man and ask her, and if she confesses, stone her to death." She confessed and he stoned her to death.

Allah's Apostle said, " Horses are kept for one of three purposes; for some people they are a source of reward, for some others they are a means of shelter and for some others they are a source of sins. The one for whom they are a source of reward, is he who keeps a horse for Allah's Cause (i.e. Jihad) tying it with a long tether on a meadow or in a garden with the result that whatever it eats from the area of the meadow or the garden where it is tied will be counted as good deeds for his benefit, and if it should break its rope and jump over one or two hillocks then all its dung and its foot marks will be written as good deeds for him; and if it passes by a river and drinks water from it even though he had no intention of watering it, even then he will get the reward for its drinking. As for the man for whom horses are a source of sins, he is the one who keeps a horse for the sake of pride and pretense and showing enmity for Muslims: such a horse will be a source of sins for him. When Allah's Apostle was asked about donkeys, he replied, "Nothing has been revealed to me about them except this unique, comprehensive Verse: "Then anyone who does an atom's (or a small ant's) weight of good shall see it; And anyone who does an atom's (or a small ant's) weight of evil, shall see it.' (101.7-8)

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

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping). `Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle was still in Mecca and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two ,Harras." So, when the Prophet told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle and fed two camels which he had, with the leaves of Samor trees for four months.

Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "

Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."

Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."

Yahya related to me from Malik from Yahya ibn Muhammad ibn Talhafrom Uthman ibn Abd ar-Rahman that his father related to him that he had heard that Umar ibn al-Khattab used to wash what was beneath his waist wrapper with water.

Yahya said that Malik was asked what a man should do if, when he did wudu, he forgot and washed his face before he had rinsed his mouth, or washed his forearms before he had washed his face. He said, "If someone washes his face before rinsing his mouth, he should rinse his mouth and not wash his face again. If someone washes his forearms before his face, however, he should wash his forearms again so that he has washed them after his face. This is if he is still near the place (of wudu)."

Yahya said that Malik was asked about what a man should do if he had forgotten to rinse his mouth and nose until he had prayed, and he said, "He does not have to repeat the prayer, but should rinse his mouth and nose if he wishes to do any more prayers after that."

The Jews brought to the Prophet a man and a woman from among them who had committed illegal sexual intercourse. The Prophet said to them, "How do you usually punish the one amongst you who has committed illegal sexual intercourse?" They replied, "We blacken their faces with coal and beat them," He said, "Don't you find the order of Ar-Rajm (i.e. stoning to death) in the Torah?" They replied, "We do not find anything in it." `Abdullah bin Salam (after hearing this conversation) said to them. "You have told a lie! Bring here the Torah and recite it if you are truthful." (So the Jews brought the Torah). And the religious teacher who was teaching it to them, put his hand over the Verse of Ar- Rajm and started reading what was written above and below the place hidden with his hand, but he did not read the Verse of Ar-Rajm. `Abdullah bin Salam removed his (i.e. the teacher's) hand from the Verse of Ar-Rajm and said, "What is this?" So when the Jews saw that Verse, they said, "This is the Verse of Ar-Rajm." So the Prophet ordered the two adulterers to be stoned to death, and they were stoned to death near the place where biers used to be placed near the Mosque. I saw her companion (i.e. the adulterer) bowing over her so as to protect her from the stones.

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

(the wife of the Prophet (p.b.u.h) We set out with the Prophet in his last Hajj and we assumed Ihram for Umra. The Prophet then said, "Whoever has the Hadi with him should assume Ihram for Hajj along with `Umra and should not finish the Ihram till he finishes both." I was menstruating when I reached Mecca, and so I neither did Tawaf round the Ka`ba nor Tawaf between Safa and Marwa. I complained about that to the Prophet on which he replied, "Undo and comb your head hair, and assume Ihram for Hajj (only) and leave the Umra." So, I did so. When we had performed the Hajj, the Prophet sent me with my brother `Abdur-Rahman bin Abu Bakr to Tan`im. So I performed the `Umra. The Prophet said to me, "This `Umra is instead of your missed one." Those who had assumed Ihram for `Umra (Hajj-atTamattu) performed Tawaf round the Ka`ba and between Safa and Marwa and then finished their Ihram. After returning from Mina, they performed another Tawaf (between Safa and Marwa). Those who had assumed Ihram for Hajj and `Umra together (Hajj-al-Qiran) performed only one Tawaf (between Safa and Marwa).

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

That the Prophet sent his (i.e. Abu Burda's) grandfather, Abu Musa and Mu`adh to Yemen and said to both of them "Facilitate things for the people (Be kind and lenient) and do not make things difficult (for people), and give them good tidings, and do not repulse them and both of you should obey each other." Abu Musa said, "O Allah's Prophet! In our land there is an alcoholic drink (prepared) from barley called Al-Mizr, and another (prepared) from honey, called Al-Bit"' The Prophet said, "All intoxicants are prohibited." Then both of them proceeded and Mu`adh asked Abu Musa, "How do you recite the Qur'an?" Abu Musa replied, "I recite it while I am standing, sitting or riding my riding animals, at intervals and piecemeal." Mu`adh said, "But I sleep and then get up. I sleep and hope for Allah's Reward for my sleep as I seek His Reward for my night prayer." Then he (i.e. Mu`adh) pitched a tent and they started visiting each other. Once Mu`adh paid a visit to Abu Musa and saw a chained man. Mu`adh asked, "What is this?" Abu Musa said, "(He was) a Jew who embraced Islam and has now turned apostate." Mu`adh said, "I will surely chop off his neck!"

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

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

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

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

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

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

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

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

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

The Prophet (saws) said: There is jealousy which Allah loves and jealousy which Allah hates. That which Allah loves is jealousy regarding a matter of doubt, and that which Allah hates is jealousy regarding something which is not doubtful. There is pride which Allah hates and pride which Allah loves. That which Allah loves is a man's pride when fighting and when giving sadaqah and that which Allah hates is pride shown by oppression. The narrator Musa said: "by boasting."

Malik related to me from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whomever Allah protects from the evil of two things will enter the Garden." A man said, "Messenger of Allah, do not tell us!" The Messenger of Allah, may Allah bless him and grant him peace, was silent. Then the Messenger of Allah, may Allah bless him and grant him peace, repeated what he had said the first time. The man said to him, "Do not tell us, Messenger of Allah!" The Messenger of Allah, may Allah bless him and grant him peace, was silent. Then the Messenger of Allah, may Allah bless him and grant him peace, said the same thing again. The man said, "Do not tell us, Messenger of Allah!" Then the Messenger of Allah, may Allah bless him and grant him peace, said the same thing again. Then the man began to say what he had said previously and a man at his side silenced him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Whomever Allah protects from the evil of two things will enter the Garden. They are what is between his jaws and what is between his legs, what is between his jaws and what is between his legs, what is between his jaws and what is between his legs."

Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)."

Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was:

'What is his family status amongst you?'

I replied, 'He belongs to a good (noble) family amongst us.'

Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?'

I replied, 'No.'

He said, 'Was anybody amongst his ancestors a king?'

I replied, 'No.'

Heraclius asked, 'Do the nobles or the poor follow him?'

I replied, 'It is the poor who follow him.'

He said, 'Are his followers increasing decreasing (day by day)?'

I replied, 'They are increasing.'

He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?'

I replied, 'No.'

Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?'

I replied, 'No. '

Heraclius said, 'Does he break his promises?'

I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that.

Heraclius asked, 'Have you ever had a war with him?'

I replied, 'Yes.'

Then he said, 'What was the outcome of the battles?'

I replied, 'Sometimes he was victorious and sometimes we.'

Heraclius said, 'What does he order you to do?'

I said, 'He tells us to worship Allah and Allah alone and not to worship anything along with Him, and to renounce all that our ancestors had said. He orders us to pray, to speak the truth, to be chaste and to keep good relations with our Kith and kin.'

Heraclius asked the translator to convey to me the following, I asked you about his family and your reply was that he belonged to a very noble family. In fact all the Apostles come from noble families amongst their respective peoples. I questioned you whether anybody else amongst you claimed such a thing, your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following the previous man's statement. Then I asked you whether anyone of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom.

I further asked whether he was ever accused of telling lies before he said what he said, and your reply was in the negative. So I wondered how a person who does not tell a lie about others could ever tell a lie about Allah. I, then asked you whether the rich people followed him or the poor. You replied that it was the poor who followed him. And in fact all the Apostle have been followed by this very class of people. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing, and in fact this is the way of true faith, till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his religion, became displeased and discarded his religion. Your reply was in the negative, and in fact this is (the sign of) true faith, when its delight enters the hearts and mixes with them completely. I asked you whether he had ever betrayed. You replied in the negative and likewise the Apostles never betray. Then I asked you what he ordered you to do. You replied that he ordered you to worship Allah and Allah alone and not to worship any thing along with Him and forbade you to worship idols and ordered you to pray, to speak the truth and to be chaste. If what you have said is true, he will very soon occupy this place underneath my feet and I knew it (from the scriptures) that he was going to appear but I did not know that he would be from you, and if I could reach him definitely, I would go immediately to meet him and if I were with him, I would certainly wash his feet.' Heraclius then asked for the letter addressed by Allah's Apostle

which was delivered by Dihya to the Governor of Busra, who forwarded it to Heraclius to read. The contents of the letter were as follows: "In the name of Allah the Beneficent, the Merciful (This letter is) from Muhammad the slave of Allah and His Apostle to Heraclius the ruler of Byzantine. Peace be upon him, who follows the right path. Furthermore I invite you to Islam, and if you become a Muslim you will be safe, and Allah will double your reward, and if you reject this invitation of Islam you will be committing a sin of Arisiyin (tillers, farmers i.e. your people). And (Allah's Statement:)

'O people of the scripture! Come to a word common to you and us that we worship none but Allah and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside Allah. Then, if they turn away, say: Bear witness that we are Muslims (those who have surrendered to Allah).' (3:64).

Abu Sufyan then added, "When Heraclius had finished his speech and had read the letter, there was a great hue and cry in the Royal Court. So we were turned out of the court. I told my companions that the question of Ibn-Abi-Kabsha) (the Prophet Muhammad) has become so prominent that even the King of Bani Al-Asfar (Byzantine) is afraid of him. Then I started to become sure that he (the Prophet) would be the conqueror in the near future till I embraced Islam (i.e. Allah guided me to it)."

The sub narrator adds, "Ibn An-Natur was the Governor of llya' (Jerusalem) and Heraclius was the head of the Christians of Sham. Ibn An-Natur narrates that once while Heraclius was visiting ilya' (Jerusalem), he got up in the morning with a sad mood. Some of his priests asked him why he was in that mood? Heraclius was a foreteller and an astrologer. He replied, 'At night when I looked at the stars, I saw that the leader of those who practice circumcision had appeared (become the conqueror). Who are they who practice circumcision?' The people replied, 'Except the Jews nobody practices circumcision, so you should not be afraid of them (Jews).

'Just Issue orders to kill every Jew present in the country.'

While they were discussing it, a messenger sent by the king of Ghassan to convey the news of Allah's Apostle to Heraclius was brought in. Having heard the news, he (Heraclius) ordered the people to go and see whether the messenger of Ghassan was circumcised. The people, after seeing him, told Heraclius that he was circumcised. Heraclius then asked him about the Arabs. The messenger replied, 'Arabs also practice circumcision.'

(After hearing that) Heraclius remarked that sovereignty of the 'Arabs had appeared. Heraclius then wrote a letter to his friend in Rome who was as good as Heraclius in knowledge. Heraclius then left for Homs. (a town in Syrian and stayed there till he received the reply of his letter from his friend who agreed with him in his opinion about the emergence of the Prophet and the fact that he was a Prophet. On that Heraclius invited all the heads of the Byzantines to assemble in his palace at Homs. When they assembled, he ordered that all the doors of his palace be closed. Then he came out and said, 'O Byzantines! If success is your desire and if you seek right guidance and want your empire to remain then give a pledge of allegiance to this Prophet (i.e. embrace Islam).'

(On hearing the views of Heraclius) the people ran towards the gates of the palace like onagers but found the doors closed. Heraclius realized their hatred towards Islam and when he lost the hope of their embracing Islam, he ordered that they should be brought back in audience.

(When they returned) he said, 'What already said was just to test the strength of your conviction and I have seen it.' The people prostrated before him and became pleased with him, and this was the end of Heraclius's story (in connection with his faith).

Malik related to me from Safwan ibn Sulaym that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "Can I lie to my wife, Messenger of Allah?" The Messenger of Allah, may Allah bless him and grant him peace, said, "There is no good in lying." The man said, "Messenger of Allah! Shall I make her a promise and tell her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It will not be held against you."

Abu Sufyan narrated to me personally, saying, "I set out during the Truce that had been concluded between me and Allah's Apostle. While I was in Sham, a letter sent by the Prophet was brought to Heraclius. Dihya Al-Kalbi had brought and given it to the governor of Busra, and the latter forwarded it to Heraclius. Heraclius said, 'Is there anyone from the people of this man who claims to be a prophet?' The people replied, 'Yes.' So I along with some of Quraishi men were called and we entered upon Heraclius, and we were seated in front of him. Then he said, 'Who amongst you is the nearest relative to the man who claims to be a prophet?' So they made me sit in front of him and made my companions sit behind me. Then he called upon his translator and said (to him). 'Tell them ( i.e. Abu Sufyan's companions) that I am going to ask him (i.e. Abu Sufyan) regarding that man who claims to be a prophet. So, if he tell me a lie, they should contradict him (instantly).' By Allah, had I not been afraid that my companions would consider me a liar, I would have told lies. Heraclius then said to his translator, 'Ask him: What is his (i.e. the Prophet's) family status amongst you? I said, 'He belongs to a noble family amongst us." Heraclius said, 'Was any of his ancestors a king?' I said, 'No.' He said, 'Did you ever accuse him of telling lies before his saying what he has said?' I said, 'No.' He said, 'Do the nobles follow him or the poor people?' I said, 'It is the poor who followed him.' He said, 'Is the number of his follower increasing or decreasing?' I said, 'The are increasing.' He said, 'Does anyone renounce his religion (i.e. Islam) after embracing it, being displeased with it?' I said, 'No.' He said, 'Did you fight with him?' I replied, 'Yes.' He said, 'How was your fighting with him?' I said, 'The fighting between us was undecided and victory was shared by him and us by turns. He inflicts casualties upon us and we inflict casualties upon him.' He said, 'Did he ever betray?' I said, 'No, but now we are away from him in this truce and we do not know what he will do in it" Abu Sufyan added, "By Allah, I was not able to insert in my speech a word (against him) except that. Heraclius said, 'Did anybody else (amongst you) ever claimed the same (i.e. Islam) before him? I said, 'No.' Then Heraclius told his translator to tell me (i.e. Abu Sufyan), 'I asked you about his family status amongst you, and you told me that he comes from a noble family amongst you Verily, all Apostles come from the noblest family among their people. Then I asked you whether any of his ancestors was a king, and you denied that. Thereupon I thought that had one of his fore-fathers been a king, I would have said that he (i.e. Muhammad) was seeking to rule the kingdom of his fore-fathers. Then I asked you regarding his followers, whether they were the noble or the poor among the people, and you said that they were only the poor (who follow him). In fact, such are the followers of the Apostles. Then I asked you whether you have ever accused him of telling lies before saying what he said, and your reply was in the negative. Therefore, I took for granted that a man who did not tell a lie about others, could ever tell a lie about Allah. Then I asked you whether anyone of his followers had renounced his religion (i.e. Islam) after embracing it, being displeased with it, and you denied that. And such is Faith when it mixes with the cheerfulness of the hearts. Then I asked you whether his followers were increasing or decreasing. You claimed that they were increasing. That is the way of true faith till it is complete. Then I asked you whether you had ever fought with him, and you claimed that you had fought with him and the battle between you and him was undecided and the victory was shared by you and him in turns; he inflicted casual ties upon you and you inflicted casualties upon them. Such is the case with the Apostles; they are out to test and the final victory is for them. Then I asked you whether he had ever betrayed; you claimed that he had never betrayed. I need, Apostles never betray. Then I asked you whether anyone had said this statement before him; and you denied that. Thereupon I thought if somebody had said that statement before him, then I would have said that he was but a man copying some sayings said before him." Abu Safyan said, "Heraclius then asked me, 'What does he order you to do?' I said, 'He orders us (to offer) prayers and (to pay) Zakat and to keep good relationship with the Kith and kin and to be chaste.' Then Heraclius said, 'If whatever you have said, is true, he is really a prophet, and I knew that he ( i.e. the Prophet ) was going to appear, but I never thought that he would be from amongst you. If I were certain that I can reach him, I would like to meet him and if I were with him, I would wash his feet; and his kingdom will expand (surely to what is under my feet.' Then Heraclius asked for the letter of Allah's Apostle and read it wherein was written: "In the Name of Allah, the Most Beneficent, the Most Merciful. This letter is) from Muhammad, Apostle of Allah, to Heraclius, the sovereign of Byzantine........ Peace be upon him who follows the Right Path. Now then, I call you to embrace Islam. Embrace Islam and you will be saved (from Allah's Punishment); embrace Islam, and Allah will give you a double reward, but if you reject this, you will be responsible for the sins of the tillers (i.e. the people of your kingdom) and (Allah's Statement):--"O the people of the Scripture (Jews and Christians)! Come to a word common to you and us that we worship None but Allah....bear witness that we are Muslims.' (3.64) When he finished reading the letter, voices grew louder near him and there was a great hue and cry, and we were ordered to go out." Abu Sufyan added, "While coming out, I said to my companions, 'The situation of Ibn Abu Kabsha (i.e. Muhammad) has become strong; even the king of Banu Al14 Asfar is afraid of him.' So I continued to believe that Allah's Apostle would be victorious, till Allah made me embrace Islam." Az-Zuhri said, "Heraclius then invited all the chiefs of the Byzantines and had them assembled in his house and said, 'O group of Byzantines! Do you wish to have a permanent success and guidance and that your kingdom should remain with you?' (Immediately after hearing that), they rushed towards the gate like onagers, but they found them closed. Heraclius then said, 'Bring them back to me.' So he called them and said, 'I just wanted to test the strength of your adherence to your religion. Now I have observed of you that which I like.' Then the people fell in prostration before him and became pleased with him." (See Hadith No. 6,Vol 1)

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Malik related to me from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, asked about a milk camel about to be milked, "Who milks this camel?" A man stood up. The Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" The man said, "Murra (bitterness)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Sit down." Then he said, "Who milks this one?" A man stood up and the Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" He said, "Harb (war)." The Messenger of Allah, may Allah bless him and grant him peace, said, "Sit down." Then he said, "Who milks this camel?" A man stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "What is your name?" The man said, ''Yaish (he lives)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Milk!"

[Abu Dawud, with a sound chain].

The narration in At-Tirmidhi is: The Messenger of Allah (PBUH) was asked: "O Messenger of Allah! When two persons meet, who should greet the other first?'' The Messenger of Allah (PBUH) said, "The person nearest to Allah (i.e., one who is more obedient and therefore closer to Allah will say: As-Salam first)."

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

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