'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

Bahira is a she-camel whose milk is kept for the idols and nobody is allowed to milk it; Sa'iba was the she-camel which they used to set free for their gods and nothing was allowed to be carried on it. Abu Huraira said: Allah's Apostle said, "I saw `Amr bin 'Amir Al-Khuza`i (in a dream) dragging his intestines in the Fire, and he was the first person to establish the tradition of setting free the animals (for the sake of their deities)," Wasila is the she-camel which gives birth to a she-camel as its first delivery, and then gives birth to another she-camel as its second delivery. People (in the Pre-lslamic periods of ignorance) used to let that she camel loose for their idols if it gave birth to two she-camels successively without giving birth to a male camel in between. 'Ham' was the male camel which was used for copulation. When it had finished the number of copulations assigned for it, they would let it loose for their idols and excuse it from burdens so that nothing would be carried on it, and they called it the 'Hami.' Abu Huraira said, "I heard the Prophet saying so."

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

I said to `Aisha, the wife of the Prophet, and I was at that time a young boy, "How do you interpret the Statement of Allah: "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah." So it is not harmful of those who perform the Hajj to the House of Allah) or perform the Umra, to ambulate (Tawaf) between them. In my opinion it is not sinful for one not to ambulate (Tawaf) between them." `Aisha said, "Your interpretation is wrong for as you say, the Verse should have been: "So it is not harmful of those who perform the Hajj or Umra to the House, not to ambulate (Tawaf) between them.' This Verse was revealed in connection with the Ansar who (during the Pre-Islamic Period) used to visit Manat (i.e. an idol) after assuming their Ihram, and it was situated near Qudaid (i.e. a place at Mecca), and they used to regard it sinful to ambulate between Safa and Marwa after embracing Islam. When Islam came, they asked Allah's Apostle about it, whereupon Allah revealed:-- "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah. So it is not harmful of those who perform the Hajj of the House (of Allah) or perform the Umra, to ambulate (Tawaf) between them." (2.158)

Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.

`Aisha said that the Prophet said to her, "O Aisha! Were your nation not close to the Pre-Islamic Period of Ignorance, I would have had the Ka`ba demolished and would have included in it the portion which had been left, and would have made it at a level with the ground and would have made two doors for it, one towards the east and the other towards the west, and then by doing this it would have been built on the foundations laid by Abraham." That was what urged Ibn-Az-Zubair to demolish the Ka`ba. Jazz said, "I saw Ibn-Az-Zubair when he demolished and rebuilt the Ka`ba and included in it a portion of Al-Hijr (the unroofed portion of Ka`ba which is at present in the form of a compound towards the northwest of the Ka`ba). I saw the original foundations of Abraham which were of stones resembling the humps of camels." So Jarir asked Yazid, "Where was the place of those stones?" Jazz said, "I will just now show it to you." So Jarir accompanied Yazid and entered Al-Hijr, and Jazz pointed to a place and said, "Here it is." Jarir said, "It appeared to me about six cubits from Al-Hijr or so."

Abu Bakr went to a lady from the Ahmas tribe called Zainab bint Al-Muhajir and found that she refused to speak. He asked, "Why does she not speak." The people said, "She has intended to perform Hajj without speaking." He said to her, "Speak, for it is illegal not to speak, as it is an action of the pre-islamic period of ignorance. So she spoke and said, "Who are you?" He said, "A man from the Emigrants." She asked, "Which Emigrants?" He replied, "From Quraish." She asked, "From what branch of Quraish are you?" He said, "You ask too many questions; I am Abu Bakr." She said, "How long shall we enjoy this good order (i.e. Islamic religion) which Allah has brought after the period of ignorance?" He said, "You will enjoy it as long as your Imams keep on abiding by its rules and regulations." She asked, "What are the Imams?" He said, "Were there not heads and chiefs of your nation who used to order the people and they used to obey them?" She said, "Yes." He said, "So they (i.e. the Imams) are those whom I meant."

I saw Abu Dhar wearing a Burd (garment) and his slave too was wearing a Burd, so I said (to Abu Dhar), "If you take this (Burda of your slave) and wear it (along with yours), you will have a nice suit (costume) and you may give him another garment." Abu Dhar said, "There was a quarrel between me and another man whose mother was a non-Arab and I called her bad names. The man mentioned (complained about) me to the Prophet. The Prophet said, "Did you abuse so-and-so?" I said, "Yes" He said, "Did you call his mother bad names?" I said, "Yes". He said, "You still have the traits of (the Pre-lslamic period of) ignorance." I said. "(Do I still have ignorance) even now in my old age?" He said, "Yes, they (slaves or servants) are your brothers, and Allah has put them under your command. So the one under whose hand Allah has put his brother, should feed him of what he eats, and give him dresses of what he wears, and should not ask him to do a thing beyond his capacity. And if at all he asks him to do a hard task, he should help him therein."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

Allah's Apostle said, 'Nations were displayed before me; one or two prophets would pass by along with a few followers. A prophet would pass by accompanied by nobody. Then a big crowd of people passed in front of me and I asked, Who are they Are they my followers?" It was said, 'No. It is Moses and his followers It was said to me, 'Look at the horizon.'' Behold! There was a multitude of people filling the horizon. Then it was said to me, 'Look there and there about the stretching sky! Behold! There was a multitude filling the horizon,' It was said to me, 'This is your nation out of whom seventy thousand shall enter Paradise without reckoning.' "Then the Prophet entered his house without telling his companions who they (the 70,000) were. So the people started talking about the issue and said, "It is we who have believed in Allah and followed His Apostle; therefore those people are either ourselves or our children who are born m the Islamic era, for we were born in the Pre-lslamic Period of Ignorance.'' When the Prophet heard of that, he came out and said. "Those people are those who do not treat themselves with Ruqya, nor do they believe in bad or good omen (from birds etc.) nor do they get themselves branded (Cauterized). but they put their trust (only) in their Lord " On that 'Ukasha bin Muhsin said. "Am I one of them, O Allah's Apostle?' The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, 'Ukasha has anticipated you."

I got an agreement written between me and Umaiya bin Khalaf that Umaiya would look after my property (or family) in Mecca and I would look after his in Medina. When I mentioned the word 'Ar64 Rahman' in the documents, Umaiya said, "I do not know 'Ar-Rahman.' Write down to me your name, (with which you called yourself) in the Pre-Islamic Period of Ignorance." So, I wrote my name ' `Abdu `Amr'. On the day (of the battle) of Badr, when all the people went to sleep, I went up the hill to protect him. Bilal(1) saw him (i.e. Umaiya) and went to a gathering of Ansar and said, "(Here is) Umaiya bin Khalaf! Woe to me if he escapes!" So, a group of Ansar went out with Bilal to follow us (`Abdur-Rahman and Umaiya). Being afraid that they would catch us, I left Umaiya's son for them to keep them busy but the Ansar killed the son and insisted on following us. Umaiya was a fat man, and when they approached us, I told him to kneel down, and he knelt, and I laid myself on him to protect him, but the Ansar killed him by passing their swords underneath me, and one of them injured my foot with his sword. (The sub narrator said, " `Abdur-Rahman used to show us the trace of the wound on the back of his foot.")

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

Allah's Apostle sent me, Az-Zubair bin Al-Awwam and Abu Marthad Al-Ghanawi, and all of us were horsemen, and he said, "Proceed till you reach Rawdat Khakh, where there is a woman from the pagans carrying a letter sent by Hatib bin Abi Balta'a to the pagans (of Mecca)." So we overtook her while she was proceeding on her camel at the same place as Allah's Apostle told us. We said (to her) "Where is the letter which is with you?" She said, "I have no letter with me." So we made her camel kneel down and searched her mount (baggage etc) but could not find anything. My two companions said, "We do not see any letter." I said, "I know that Allah's Apostle did not tell a lie. By Allah, if you (the lady) do not bring out the letter, I will strip you of your clothes' When she noticed that I was serious, she put her hand into the knot of her waist sheet, for she was tying a sheet round herself, and brought out the letter. So we proceeded to Allah's Apostle with the letter. The Prophet said (to Habib), "What made you o what you have done, O Hatib?" Hatib replied, "I have done nothing except that I believe in Allah and His Apostle, and I have not changed or altered (my religion). But I wanted to do the favor to the people (pagans of Mecca) through which Allah might protect my family and my property, as there is none among your companions but has someone in Mecca through whom Allah protects his property (against harm). The Prophet said, "Habib has told you the truth, so do not say to him (anything) but good." `Umar bin Al-Khattab said, "Verily he has betrayed Allah, His Apostle, and the believers! Allow me to chop his neck off!" The Prophet said, "O `Umar! What do you know; perhaps Allah looked upon the Badr warriors and said, 'Do whatever you like, for I have ordained that you will be in Paradise.'" On that `Umar wept and said, "Allah and His Apostle know best."

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.'

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."

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.

She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.

She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?

The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.

Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.

Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.

Abu Dawud said: The Arabic word "hafsh" means a small cell.

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

(the wife of the Prophet) The commencement (of the Divine Inspiration) to Allah's Apostle was in the form of true dreams in his sleep, for he never had a dream but it turned out to be true and clear as the bright daylight. Then he began to like seclusions, so he used to go in seclusion in the cave of Hira where he used to worship Allah continuously for many nights before going back to his family to take the necessary provision (of food) for the stay. He come back to (his wife) Khadija again to take his provision (of food) likewise, till one day he received the Guidance while he was in the cave of Hira. An Angel came to him and asked him to read. Allah's Apostle replied, "I do not know how to read." The Prophet added, "Then the Angel held me (forcibly) and pressed me so hard that I felt distressed. Then he released me and again asked me to read, and I replied, 'I do not know how to read.' Thereupon he held me again and pressed me for the second time till I felt distressed. He then released me and asked me to read, but again I replied. 'I do not know how to read.' Thereupon he held me for the third time and pressed me till I got distressed, and then he released me and said, 'Read, in the Name of your Lord Who has created (all that exists), has created man out of a clot, Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen, has taught man that which he knew not." (96.1-5). Then Allah's Apostle returned with that experience; and the muscles between his neck and shoulders were trembling till he came upon Khadija (his wife) and said, "Cover me!" They covered him, and when the state of fear was over, he said to Khadija, "O Khadija! What is wrong with me? I was afraid that something bad might happen to me." Then he told her the story. Khadija said, "Nay! But receive the good tidings! By Allah, Allah will never disgrace you, for by Allah, you keep good relations with your Kith and kin, speak the truth, help the poor and the destitute, entertain your guests generously and assist those who are stricken with calamities." Khadija then took him to Waraqa bin Naufil, the son of Khadija's paternal uncle. Waraqa had been converted to Christianity in the Pre-lslamic Period and used to write Arabic and write of the Gospel in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said (to Waraqa), "O my cousin! Listen to what your nephew is going to say." Waraqa said, "O my nephew! What have you seen?" The Prophet then described whatever he had seen. Waraqa said, "This is the same Angel (Gabriel) who was sent to Moses. I wish I were young." He added some other statement. Allah's Apostle asked, "Will these people drive me out?" Waraqa said, "Yes, for nobody brought the like of what you have brought, but was treated with hostility. If I were to remain alive till your day (when you start preaching). then I would support you strongly." But a short while later Waraqa died and the Divine Inspiration was paused (stopped) for a while so that Allah's Apostle was very much grieved.

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

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."

The commencement of the Divine Inspiration to Allah's Apostle was in the form of good righteous (true) dreams in his sleep. He never had a dream but that it came true like bright day light. He used to go in seclusion (the cave of) Hira where he used to worship(Allah Alone) continuously for many (days) nights. He used to take with him the journey food for that (stay) and then come back to (his wife) Khadija to take his food like-wise again for another period to stay, till suddenly the Truth descended upon him while he was in the cave of Hira. The angel came to him in it and asked him to read. The Prophet replied, "I do not know how to read." (The Prophet added), "The angel caught me (forcefully) and pressed me so hard that I could not bear it anymore. He then released me and again asked me to read, and I replied, "I do not know how to read," whereupon he caught me again and pressed me a second time till I could not bear it anymore. He then released me and asked me again to read, but again I replied, "I do not know how to read (or, what shall I read?)." Thereupon he caught me for the third time and pressed me and then released me and said, "Read: In the Name of your Lord, Who has created (all that exists). Has created man from a clot. Read and Your Lord is Most Generous...up to..... ..that which he knew not." (96.15) Then Allah's Apostle returned with the Inspiration, his neck muscles twitching with terror till he entered upon Khadija and said, "Cover me! Cover me!" They covered him till his fear was over and then he said, "O Khadija, what is wrong with me?" Then he told her everything that had happened and said, 'I fear that something may happen to me." Khadija said, 'Never! But have the glad tidings, for by Allah, Allah will never disgrace you as you keep good reactions with your Kith and kin, speak the truth, help the poor and the destitute, serve your guest generously and assist the deserving, calamityafflicted ones." Khadija then accompanied him to (her cousin) Waraqa bin Naufal bin Asad bin `Abdul `Uzza bin Qusai. Waraqa was the son of her paternal uncle, i.e., her father's brother, who during the Pre-Islamic Period became a Christian and used to write the Arabic writing and used to write of the Gospels in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said to him, "O my cousin! Listen to the story of your nephew." Waraqa asked, "O my nephew! What have you seen?" The Prophet described whatever he had seen. Waraqa said, "This is the same Namus (i.e., Gabriel, the Angel who keeps the secrets) whom Allah had sent to Moses. I wish I were young and could live up to the time when your people would turn you out." Allah's Apostle asked, "Will they turn me out?" Waraqa replied in the affirmative and said: "Never did a man come with something similar to what you have brought but was treated with hostility. If I should remain alive till the day when you will be turned out then I would support you strongly." But after a few days Waraqa died and the Divine Inspiration was also paused for a while and the Prophet became so sad as we have heard that he intended several times to throw himself from the tops of high mountains and every time he went up the top of a mountain in order to throw himself down, Gabriel would appear before him and say, "O Muhammad! You are indeed Allah's Apostle in truth" whereupon his heart would become quiet and he would calm down and would return home. And whenever the period of the coming of the inspiration used to become long, he would do as before, but when he used to reach the top of a mountain, Gabriel would appear before him and say to him what he had said before. (Ibn `Abbas said regarding the meaning of: 'He it is that Cleaves the daybreak (from the darkness)' (6.96) that Al-Asbah. means the light of the sun during the day and the light of the moon at night).

For the whole year I had the desire to ask `Umar bin Al-Khattab regarding the explanation of a Verse (in Surat Al-Tahrim) but I could not ask him because I respected him very much. When he went to perform the Hajj, I too went along with him. On our return, while we were still on the way home. `Umar went aside to answer the call of nature by the Arak trees. I waited till he finished and then I proceeded with him and asked him. "O chief of the Believers! Who were the two wives of the Prophet who aided one another against him?" He said, "They were Hafsa and `Aisha." Then I said to him, "By Allah, I wanted to ask you about this a year ago, but I could not do so owing to my respect for you." `Umar said, "Do not refrain from asking me. If you think that I have knowledge (about a certain matter), ask me; and if I know (something about it), I will tell you." Then `Umar added, "By Allah, in the Pre-lslamic Period of Ignorance we did not pay attention to women until Allah revealed regarding them what He revealed regarding them and assigned for them what He has assigned. Once while I was thinking over a certain matter, my wife said, "I recommend that you do so-and-so." I said to her, "What have you got to do with the is matter? Why do you poke your nose in a matter which I want to see fulfilled.?" She said, How strange you are, O son of Al-Khattab! You don't want to be argued with whereas your daughter, Hafsa surely, argues with Allah's Apostle so much that he remains angry for a full day!" `Umar then reported; how he at once put on his outer garment and went to Hafsa and said to her, "O my daughter! Do you argue with Allah's Apostle so that he remains angry the whole day?" H. afsa said, "By Allah, we argue with him." `Umar said, "Know that I warn you of Allah's punishment and the anger of Allah's Apostle . . . O my daughter! Don't be betrayed by the one who is proud of her beauty because of the love of Allah's Apostle for her (i.e. `Aisha)." `Umar addled, "Then I went out to Um Salama's house who was one of my relatives, and I talked to her. She said, O son of Al-Khattab! It is rather astonishing that you interfere in everything; you even want to interfere between Allah's Apostle and his wives!' By Allah, by her talk she influenced me so much that I lost some of my anger. I left her (and went home). At that time I had a friend from the Ansar who used to bring news (from the Prophet) in case of my absence, and I used to bring him the news if he was absent. In those days we were afraid of one of the kings of Ghassan tribe. We heard that he intended to move and attack us, so fear filled our hearts because of that. (One day) my Ansari friend unexpectedly knocked at my door, and said, "Open Open!' I said, 'Has the king of Ghassan come?' He said, 'No, but something worse; Allah's Apostle has isolated himself from his wives.' I said, 'Let the nose of `Aisha and Hafsa be stuck to dust (i.e. humiliated)!' Then I put on my clothes and went to Allah's Apostle's residence, and behold, he was staying in an upper room of his to which he ascended by a ladder, and a black slave of Allah's Apostle was (sitting) on the first step. I said to him, 'Say (to the Prophet ) `Umar bin Al-Khattab is here.' Then the Prophet admitted me and I narrated the story to Allah's Apostle. When I reached the story of Um Salama, Allah's Apostle smiled while he was lying on a mat made of palm tree leaves with nothing between him and the mat. Underneath his head there was a leather pillow stuffed with palm fibres, and leaves of a saut tree were piled at his feet, and above his head hung a few water skins. On seeing the marks of the mat imprinted on his side, I wept. He said.' 'Why are you weeping?' I replied, "O Allah's Apostle! Caesar and Khosrau are leading the life (i.e. Luxurious life) while you, Allah's Apostle though you are, is living in destitute". The Prophet then replied. 'Won't you be satisfied that they enjoy this world and we the Hereafter?' "

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."