Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.

"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."

I was among those Naqibs (selected leaders) who gave the Pledge of allegiance to Allah's Apostle. We gave the oath of allegiance, that we would not join partners in worship besides Allah, would not steal, would not commit illegal sexual intercourse, would not kill a life which Allah has forbidden, would not commit robbery, would not disobey (Allah and His Apostle), and if we fulfilled this pledge we would have Paradise, but if we committed any one of these (sins), then our case will be decided by Allah.

I was one of the Naqibs who gave the ('Aqaba) Pledge of Allegiance to Allah's Apostle . We gave the pledge of allegiance to him that we would not worship anything other than Allah, would not steal, would not commit illegal sexual intercourse, would not kill a person whose killing Allah has made illegal except rightfully, would not rob each other, and we would not be promised Paradise jf we did the above sins, then if we committed one of the above sins, Allah will give His Judgment concerning it.

Allah's Apostle, the truthful and truly-inspired, said, "Each one of you collected in the womb of his mother for forty days, and then turns into a clot for an equal period (of forty days) and turns into a piece of flesh for a similar period (of forty days) and then Allah sends an angel and orders him to write four things, i.e., his provision, his age, and whether he will be of the wretched or the blessed (in the Hereafter). Then the soul is breathed into him. And by Allah, a person among you (or a man) may do deeds of the people of the Fire till there is only a cubit or an arm-breadth distance between him and the Fire, but then that writing (which Allah has ordered the angel to write) precedes, and he does the deeds of the people of Paradise and enters it; and a man may do the deeds of the people of Paradise till there is only a cubit or two between him and Paradise, and then that writing precedes and he does the deeds of the people of the Fire and enters it."

Allah's Apostle, the true and truly inspired said, "(The matter of the Creation of) a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things. He is ordered to write down his (i.e. the new creature's) deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. And similarly a man amongst you may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behavior, and he starts doing deeds characteristic of the people of Paradise."

The Prophet said, "Whoever killed a Mu'ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling).

The sun eclipsed in the lifetime of the Prophet (p.b.u.h) . Allah's Apostle offered the eclipse prayer and stood for a long period equal to the period in which one could recite Surat-al-Baqara. Then he bowed for a long time and then stood up for a long period which was shorter than that of the first standing, then bowed again for a long time but for a shorter period than the first; then he prostrated twice and then stood up for a long period which was shorter than that of the first standing; then he bowed for a long time which was shorter than the previous one, and then he raised his head and stood up for a long period which was shorter than the first standing, then he bowed for a long time which was shorter than the first bowing, and then prostrated (twice) and finished the prayer. By then, the sun (eclipse) had cleared. The Prophet then said, "The sun and the moon are two of the signs of Allah. They eclipse neither because of the death of somebody nor because of his life (i.e. birth). So when you see them, remember Allah." The people say, "O Allah's Apostle! We saw you taking something from your place and then we saw you retreating." The Prophet replied, "I saw Paradise and stretched my hands towards a bunch (of its fruits) and had I taken it, you would have eaten from it as long as the world remains. I also saw the Hell-fire and I had never seen such a horrible sight. I saw that most of the inhabitants were women." The people asked, "O Allah's Apostle! Why is it so?" The Prophet replied, "Because of their ungratefulness." It was asked whether they are ungrateful to Allah. The Prophet said, "They are ungrateful to their companions of life (husbands) and ungrateful to good deeds. If you are benevolent to one of them throughout the life and if she sees anything (undesirable) in you, she will say, 'I have never had any good from you.' "

Yahya said, "Malik related to us from Ibn Shihab from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The pledge given as security is not forfeited.' "

Malik said, "The explanation of that according to what we think - and Allah knows best - is that a man gives a pledge to somebody in security for something. The pledge is superior to that for which he pawned it. The pledger says to the pawn-broker, 'I will bring you your due, after such-and-such a time. If not, the pledge is yours for what it was pawned for.' "

Malik said, "This transaction is not good and it is not halal. This is what was forbidden. If the owner brings what he pledged it for after the period, it is his. I think that the time condition is void."

My father was martyred on the day (of the battle) of Uhud and his creditors demanded the debt back in a harsh manner. So I went to Allah's Apostle and informed him of that, he asked them to accept the fruits of my garden and excuse my father, but they refused. So, Allah's Apostle did not give them the fruits, nor did he cut them and distribute them among them, but said, "I will come to you tomorrow morning." So, he came to us the next morning and walked about in between the date-palms and invoked Allah to bless their fruits. I plucked the fruits and gave back all the rights of the creditors in full, and a lot of fruits were left for us. Then I went to Allah's Apostle, who was sitting, and informed him about what happened. Allah's Apostle told `Umar, who was sitting there, to listen to the story. `Umar said, "Don't we know that you are Allah's Apostle? By Allah! you are Allah's Apostle!"

When my father died he owed a Jew thirty Awsuq (of dates). I requested him to give me respite for repaying but he refused. I requested Allah's Apostle to intercede with the Jew. Allah's Apostle went to the Jew and asked him to accept the fruits of my trees in place of the debt but the Jew refused. Allah's Apostle entered the garden of the date-palms, wandering among the trees and ordered me (saying), "Pluck (the fruits) and give him his due." So, I plucked the fruits for him after the departure of Allah's Apostle and gave his thirty Awsuq, and still had seventeen Awsuq extra for myself. Jabir said: I went to Allah's Apostle to inform of what had happened, but found him praying the `Asr prayer. After the prayer I told him about the extra fruits which remained. Allah's Apostle told me to inform (`Umar) Ibn Al-Khattab about it. When I went to `Umar and told him about it, `Umar said, "When Allah's Apostle walked in your garden, I was sure that Allah would definitely bless it."

My father was martyred on the day (of the battle) of Uhud, and he was in debt. His creditors demanded their rights persistently. I went to the Prophet (and informed him about it). He told them to take the fruits of my garden and exempt my father from the debts but they refused to do so. So, the Prophet did not give them my garden and told me that he would come to me the next morning. He came to us early in the morning and wandered among the date-palms and invoked Allah to bless their fruits. I then plucked the dates and paid the creditors, and there remained some of the dates for us.

The Prophet missed Thabit bin Qais for a period (So he inquired about him). A man said. "O Allah's Apostle! I will bring you his news." So he went to Thabit and found him sitting in his house and bowing his head. The man said to Thabit, " 'What is the matter with you?" Thabit replied that it was an evil affair, for he used to raise his voice above the voice of the Prophet and so all his good deeds had been annulled, and he considered himself as one of the people of the Fire. Then the man returned to the Prophet and told him that Thabit had said, so-and-so. (Musa bin Anas) said: The man returned to Thabit with great glad tidings. The Prophet said to the man. "Go back to him and say to him: "You are not from the people of the Hell Fire, but from the people of Paradise."

that his mother Zainab bint Humaid took him to the Prophet and said, "O Allah's Apostle! Take the pledge of allegiance from him." But he said, "He is still too young for the pledge," and passed his hand on his (i.e. `Abdullah's) head and invoked for Allah's blessing for him. Zuhra bin Ma`bad stated that he used to go with his grandfather, `Abdullah bin Hisham, to the market to buy foodstuff. Ibn `Umar and Ibn Az-Zubair would meet him and say to him, "Be our partner, as the Prophet invoked Allah to bless you." So, he would be their partner, and very often he would win a camel's load and send it home.

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

Narrated Yahya bin Yahya:

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

Who was Ka`b's guide when Ka`b turned blind: I heard Ka`b bin Malik narrating: When he remained behind (i.e. did not Join) the Prophet in the Ghazwa of Tabuk. Ibn Bukair, in his narration stated that Ka`b said, " I witnessed the Al-`Aqaba pledge of allegiance at night with the Prophet when we jointly agreed to support Islam with all our efforts I would not like to have attended the Badr battle instead of that 'Aqaba pledge although Badr is more well-known than it, amongst the people."

The Prophet came to Medina and the people used to pay in advance the prices of fruits to be delivered within two to three years. The Prophet said (to them), "Buy fruits by paying their prices in advance on condition that the fruits are to be delivered to you according to a fixed specified measure within a fixed specified period." Ibn Najih said, " ... by specified measure and specified weight."

Allah's Apostle said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)

I asked my father, "Was the Verse:-- 'Say: (O Muhammad) Shall We tell you the greatest losers in respect of their deeds?'(18.103) revealed regarding Al-Haruriyya?" He said, "No, but regarding the Jews and the Christians, for the Jews disbelieved Muhammad and the Christians disbelieved in Paradise and say that there are neither meals nor drinks therein. Al- Hururiyya are those people who break their pledge to Allah after they have confirmed that they will fulfill it, and Sa`d used to call them 'Al-Fasiqin (evildoers who forsake Allah's obedience).

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

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

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

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

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

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

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

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

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

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

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

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

who was one of those who witnessed (the Pledge of allegiance beneath) the Tree: Allah's Apostle and his companions were given Sawiq and they chewed it.

There was a man who fought most bravely of all the Muslims on behalf of the Muslims in a battle (Ghazwa) in the company of the Prophet. The Prophet looked at him and said. "If anyone would like to see a man from the people of the Fire, let him look at this (brave man)." On that, a man from the People (Muslims) followed him, and he was in that state i.e., fighting fiercely against the pagans till he was wounded, and then he hastened to end his life by placing his sword between his breasts (and pressed it with great force) till it came out between his shoulders. Then the man (who was watching that person) went quickly to the Prophet and said, "I testify that you are Allah's Apostle!" The Prophet asked him, "Why do you say that?" He said, "You said about so-and-so, 'If anyone would like to see a man from the people of the Fire, he should look at him.' He fought most bravely of all of us on behalf of the Muslims and I knew that he would not die as a Muslim (Martyr). So when he got wounded, he hastened to die and committed suicide." There-upon the Prophet said, "A man may do the deeds of the people of the Fire while in fact he is one of the people of Paradise, and he may do the deeds of the people of Paradise while in fact he belongs to the people of Fire, and verily, (the rewards of) the deeds are decided by the last actions (deeds)".

It is narrated on the authority of 'Uthman that the Messenger of Allah (may peace be upon him) said. He who died knowing (fully well) that there is no god but Allah entered Paradise.