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Somebody asked, "O Allah's Apostle! Who is the best among the people?" Allah's Apostle replied "A believer who strives his utmost in Allah's cause with his life and property." They asked, "Who is next?" He replied, "A believer who stays in one of the mountain paths worshipping Allah and leaving the people secure from his mischief."
I heard Allah's Apostle saying, "The example of a mujahid in Allah's cause--and Allah knows better who really strives in His cause--is like a person who fasts and prays continuously. Allah guarantees that He will admit the mujahid in His cause into Paradise if he is killed, otherwise He will return him to his home safely with rewards and war booty."
I asked Allah's Apostle, "O Allah's Apostle! What is the best deed?" He replied, "To offer the prayers at their early stated fixed times." I asked, "What is next in goodness?" He replied, "To be good and dutiful to your parents." I further asked, what is next in goodness?" He replied, "To participate in Jihad in Allah's cause." I did not ask Allah's Apostle anymore and if I had asked him more, he would have told me more.
Allah's Apostle said, "There is no hijra (i.e. migration) (from Mecca to Medina) after the conquest (of Mecca), but Jihad and good intention remain; and if you are called (by the Muslim ruler) for fighting, go forth immediately.
(That she said), "O Allah's Apostle! We consider Jihad as the best deed. Should we not fight in Allah's cause?" He said, "The best Jihad (for women) is Hajj-mabrur (i.e. Hajj which is done according to the Prophet's tradition and is accepted by Allah)."
A man came to Allah's Apostle and said, "Instruct me as to such a deed as equals Jihad (in reward)." He replied, "I do not find such a deed." Then he added, "Can you, while the Muslim fighter is in the battlefield, enter your mosque to perform prayers without cease and fast and never break your fast?" The man said, "But who can do that?" Abu Huraira added, "The mujahid (i.e. Muslim fighter) is rewarded even for the footsteps of his horse while it wanders about (for grazing) tied in a long rope."
I said, "O Allah's Apostle! We have slaughtered a young sheep of ours and have ground one Sa of barley. So, I invite you along with some persons." So, the Prophet said in a loud voice, "O the people of the Trench! Jabir had prepared 'Sur' so come along."
(the daughter of Khalid bin Said) I went to Allah's Apostle with my father and I was wearing a yellow shirt. Allah's Apostle said, "Sanah, Sanah!" (Abdullah, the narrator, said that 'Sanah' meant "good" in the Ethiopian language). I then started playing with the seal of Prophethood (in between the Prophet's shoulders) and my father rebuked me harshly for that. Allah's Apostle said. "Leave her," and then Allah's Apostle (invoked Allah to grant me a long life) by saying (thrice), "Wear this dress till it is worn out and then wear it till it is worn out, and then wear it till it is worn out." (The narrator adds, "It is said that she lived for a long period, wearing that (yellow) dress till its color became dark because of long wear.")
Al-Hasan bin Ali took a date from the dates of the sadaqa and put it in his mouth. The Prophet said (to him) in Persian, "Kakh, kakh! (i.e. Don't you know that we do not eat the sadaqa (i.e. what is given in charity) (charity is the dirt of the people)."
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)
The Prophet passed by some people of the tribe of Bani Aslam who were practicing archery. The Prophet said, "O Bani Ismail ! Practice archery as your father Isma'il was a great archer. Keep on throwing arrows and I am with Bani so-and-so." So one of the parties ceased throwing. Allah's Apostle said, "Why do you not throw?" They replied, "How should we throw while you are with them (i.e. on their side)?" On that the Prophet said, "Throw, and I am with all of you."
On the day (of the battle) of Badr when we stood in rows against (the army of) Quraish and they stood in rows against us, the Prophet said, "When they do come near you, throw arrows at them."
Allah's Apostle said, "I have been sent with the shortest expressions bearing the widest meanings, and I have been made victorious with terror (cast in the hearts of the enemy), and while I was sleeping, the keys of the treasures of the world were brought to me and put in my hand." Abu Huraira added: Allah's Apostle has left the world and now you, people, are bringing out those treasures (i.e. the Prophet did not benefit by them).
Abu Sufyan said, "Heraclius sent for me when I was in llya (i.e. Jerusalem). Then he asked for the letter of Allah's Apostle and when he had finished its reading there was a great hue and cry around him and the voices grew louder and we were asked to quit the place. When we were turned out, I said to my companions, 'The cause of Ibn Abi Kabsha has become conspicuous as the King of Bani Al-Asfar is afraid of him.' "
My uncle Anas bin An-Nadr was absent from the Battle of Badr. He said, "O Allah's Apostle! I was absent from the first battle you fought against the pagans. (By Allah) if Allah gives me a chance to fight the pagans, no doubt Allah will see how (bravely) I will fight." On the day of Uhud when the Muslims turned their backs and fled, he said, "O Allah! I apologize to You for what these (i.e. his companions) have done, and I denounce what these (i.e. the pagans) have done." Then he advanced and Sad bin Muadh met him. He said "O Sad bin Muadh ! By the Lord of An-Nadr, Paradise! I am smelling its aroma coming from before (the mountain of) Uhud," Later on Sad said, "O Allah's Apostle! I cannot achieve or do what he (i.e. Anas bin An-Nadr) did. We found more than eighty wounds by swords and arrows on his body. We found him dead and his body was mutilated so badly that none except his sister could recognize him by his fingers." We used to think that the following verse was revealed concerning him and other men of his sort: "Among the believers are men who have been true to their covenant with Allah...." (33.23)
His sister Ar-Rubbaya broke a front tooth of a woman and Allah's Apostle ordered for retaliation. On that Anas (bin An-Nadr) said, "O Allah's Apostle! By Him Who has sent you with the truth, my sister's tooth shall not be broken." Then the opponents of Anas's sister accepted the compensation and gave up the claim of retaliation. So Allah's Apostle said, "There are some people amongst Allah's slaves whose oaths are fulfilled by Allah when they take them."
Zaid bin Thabit said, "When the Quran was compiled from various written manuscripts, one of the verses of Surat Al-Ahzab was missing which I used to hear Allah's Apostle reciting. I could not find it except with Khuzaima bin Thabjt Al-Ansari, whose witness Allah's Apostle regarded as equal to the witness of two men. And the verse was: "Among the believers are men who have been true to what they covenanted with Allah." (33.23)
That Abu Sufyan told him that Heraclius said to him, "I asked you about the outcome of your battles with him (i.e. the Prophet ) and you told me that you fought each other with alternate success. So the Apostles are tested in this way but the ultimate victory is always theirs."
For thirty days Allah's Apostle invoked Allah to curse those who had killed the companions of Bir-Mauna; he invoked evil upon the tribes of Ral, Dhakwan, and Usaiya who disobeyed Allah and His Apostle. There was revealed about those who were killed at Bir-Mauna a Qur'anic verse we used to recite, but it was cancelled later on. The verse was: "Inform our people that we have met our Lord. He is pleased with us and He has made us pleased."
"Some people drank alcohol in the morning of the day (of the battle) of Uhud and were martyred (on the same day)." Sufyan was asked, "(Were they martyred) in the last part of the day?)" He replied, "Such information does not occur in the narration."
When the Divine Inspiration: "Those of the believers who sit (at home)," was revealed the Prophet sent for Zaid (bin Thabit) who came with a shoulder-blade and wrote on it. Ibn Um-Maktum complained about his blindness and on that the following revelation came: "Not equal are those believers who sit (at home) except those who are disabled (by injury, or are blind or lame etc.) and those who strive hard and fight in the Way of Allah with their wealth and lives)." (4.95)
I saw Marwan bin Al-Hakam sitting in the Mosque. So I came forward and sat by his side. He told us that Zaid bin Thabit had told him that Allah's Apostle had dictated to him the Divine verse:
"Not equal are those believers who sit (at home) and those who strive hard and fight in the cause of Allah with their wealth and lives." (4.95)
Zaid said, "Ibn-Maktum came to the Prophet while he was dictating to me that very verse. On that Ibn Um Maktum said, "O Allah's Apostle! If I had power, I would surely take part in Jihad." He was a blind man. So Allah sent down revelation to His Apostle while his thigh was on mine and it became so heavy for me that I feared that my thigh would be broken. Then that state of the Prophet was over after Allah revealed "...except those who are disabled (by injury or are blind or lame etc.) (4.95)
There was a man who looked after the family and the belongings of the Prophet and he was called Karkara. The man died and Allah's Apostle said, "He is in the (Hell) Fire." The people then went to look at him and found in his place, a cloak he had stolen from the war booty.
Allah's Apostle wrote a letter to Caesar saying, "If you reject Islam, you will be responsible for the sins of the peasants (i.e. your people)."
A group of eight men from the tribe of Ukil came to the Prophet and then they found the climate of Medina unsuitable for them. So, they said, "O Allah's Apostle! Provide us with some milk." Allah's Apostle said, "I recommend that you should join the herd of camels." So they went and drank the urine and the milk of the camels (as a medicine) till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after they were Muslims. When the Prophet was informed by a shouter for help, he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and they were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died (Abu Qilaba, a sub-narrator said, "They committed murder and theft and fought against Allah and His Apostle, and spread evil in the land.")
Once the people of Medina were frightened, so the Prophet rode a horse belonging to Abu Talha and it ran slowly, or was of narrow paces. When he returned, he said, "I found your (i.e. Abu Talha's) horse very fast." After that the horse could not be surpassed in running.
That she said, "O Allah's Apostle! Your companions are returning with the reward of both Hajj and Umra, while I am returning with (the reward of) Hajj only." He said to her, "Go, and let Abdur-Rahman (i.e. your brother) make you sit behind him (on the animal)." So, he ordered Abdur-Rahman to let her perform Umra from Al-Tan'im. Then the Prophet waited for her at the higher region of Mecca till she returned.
The Prophet ordered me to let Aisha sit behind me (on the animal) and to let her perform Umra from At-Tan'im.
Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well-watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."
21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma
Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."
as follows in Hadith 297.
We were in the company of Allah's Apostle in a ghazwa, and he remarked about a man who claimed to be a Muslim, saying, "This (man) is from the people of the (Hell) Fire." When the battle started, the man fought violently till he got wounded. Somebody said, "O Allah's Apostle! The man whom you described as being from the people of the (Hell) Fire fought violently today and died." The Prophet said, "He will go to the (Hell) Fire." Some people were on the point of doubting (the truth of what the Prophet had said) while they were in this state, suddenly someone said that he was still alive but severely wounded. When night fell, he lost patience and committed suicide. The Prophet was informed of that, and he said, "Allah is Greater! I testify that I am Allah's Slave and His Apostle." Then he ordered Bilal to announce amongst the people: "None will enter Paradise but a Muslim, and Allah may support this religion (i.e. Islam) even with a disobedient man."
Allah's Apostle said, "Allah welcomes two men with a smile; one of whom kills the other and both of them enter Paradise. One fights in Allah's cause and gets killed. Later on Allah forgives the killer who also gets martyred (in Allah's Cause)."
I went to Allah's Apostle while he was at Khaibar after it had fallen in the Muslims' hands. I said, "O Allah's Apostle! Give me a share (from the land of Khaibar)."
One of the sons of Sa'id bin Al-As said, "O Allah's Apostle! Do not give him a share." I said, "This is the murderer of Ibn Qauqal." The son of Said bin Al-As said, "Strange! A wabr (i.e. guinea pig) who has come down to us from the mountain of Qaduim (i.e. grazing place of sheep) blames me for killing a Muslim who was given superiority by Allah because of me, and Allah did not disgrace me at his hands (i.e. was not killed as an infidel)." (The sub-narrator said "I do not know whether the Prophet gave him a share or not.")
Allah's Apostle said, "Allah welcomes two men with a smile; one of whom kills the other and both of them enter Paradise. One fights in Allah's cause and gets killed. Later on Allah forgives the killer who also gets martyred (in Allah's Cause)."
I went to Allah's Apostle while he was at Khaibar after it had fallen in the Muslims' hands. I said, "O Allah's Apostle! Give me a share (from the land of Khaibar)."
One of the sons of Sa'id bin Al-As said, "O Allah's Apostle! Do not give him a share." I said, "This is the murderer of Ibn Qauqal." The son of Said bin Al-As said, "Strange! A wabr (i.e. guinea pig) who has come down to us from the mountain of Qaduim (i.e. grazing place of sheep) blames me for killing a Muslim who was given superiority by Allah because of me, and Allah did not disgrace me at his hands (i.e. was not killed as an infidel)." (The sub-narrator said "I do not know whether the Prophet gave him a share or not.")
A man asked Al-Bara, "O Abu Umara! Did you all flee on the day (of the battle) of Hunain?" He replied, "No, by Allah! Allah's Apostle did not flee, but his young unarmed companions passed by the archers of the tribe of Hawazin and Bani Nasr whose arrows hardly missed a target, and they threw arrows at them hardly missing a shot. So the Muslims retreated towards the Prophet while he was riding his white mule which was being led by his cousin Abu Sufyan bin Al-Harith bin Abdul Muttalib. The Prophet dismounted and invoked Allah for victory; then he said, 'I am the Prophet, without a lie; I am the son of Abdul Muttalib, and then he arranged his companions in rows."
Tufail bin Amr Ad-Dausi and his companions came to the Prophet and said, "O Allah's Apostle! The people of the tribe of Daus disobeyed and refused to follow you; so invoke Allah against them." The people said, "The tribe of Daus is ruined." The Prophet said, "O Allah! Give guidance to the people of Daus, and let them embrace Islam."
When it was the day of the battle of Al-Ahzab (i.e. the clans), Allah's Apostle said, "O Allah! Fill their (i.e. the infidels') houses and graves with fire as they busied us so much that we did not perform the prayer (i.e. Asr) till the sun set."
The Prophet used to recite the following invocations during Qunut: "O Allah! Save Salama bin Hisham. O Allah! Save Al-Walid bin Al-Walid. O Allah! Save Aiyash bin Rabi'a. O Allah! Save the weak Muslims. O Allah! Be very hard on Mudar tribe. O Allah! Afflict them with years (of famine) similar to the (famine) years of the time of Prophet Joseph."
Allah's Apostle invoked evil upon the pagans on the day (of the battle) of Al-Ahzab, saying, "O Allah! The Revealer of the Holy Book, the Swift-Taker of Accounts, O Allah, defeat Al-Ahzab (i.e. the clans), O Allah, defeat them and shake them."
Once the Prophet was offering the prayer in the shade of the Ka'ba. Abu Jahl and some Quraishi men sent somebody to bring the abdominal contents of a she camel which had been slaughtered somewhere in Mecca, and when he brought them, they put them over the Prophet. Then Fatima (i.e. the Prophet's daughter) came and threw them away from him, and he said, "O Allah! Destroy (the pagans of) Quraish; O Allah! Destroy Quraish; O Allah Destroy Quraish," naming especially Abu Jahl bin Hisham, Utba bin Rabi'a, Shaiba bin Rabi'a, Al Walid bin Utba, Ubai bin Khalaf and Uqba bin Abi Mitt. (The narrator, Abdullah added, "I saw them all killed and thrown in the Badr well).
Once the Jews came to the Prophet and said, "Death be upon you." So I cursed them. The Prophet said, "What is the matter?" I said, "Have you not heard what they said?" The Prophet said, "Have you not heard what I replied (to them)? (I said), ('The same is upon you.')"
I participated in a ghazwa along with Allah's Apostle. The Prophet met me (on the way) while I was riding a camel of ours used for irrigation and it had got so tired that it could hardly walk. The Prophet asked me, "What is wrong with the camel?" I replied, "It has got tired." So Allah's Apostle came from behind it and rebuked it and prayed for it so it started surpassing the other camels and going ahead of them. Then he asked me, "How do you find your camel (now)?" I replied, "I find it quite well, now as it has received your blessings." He said, "Will you sell it to me?" I felt shy (to refuse his offer) though it was the only camel for irrigation we had. So, I said, "Yes." He said, "Sell it to me then." I sold it to him on the condition that I should keep on riding it till I reached Medina. Then I said, "O Allah's Apostle! I am a bridegroom," and requested him to allow me to go home. He allowed me, and I set out for Medina before the people till I reached Medina, where I met my uncle, who asked me about the camel and I informed him all about it and he blamed me for that. When I took the permission of Allah's Apostle he asked me whether I had married a virgin or a matron and I replied that I had married a matron. He said, "Why hadn't you married a virgin who would have played with you, and you would have played with her?" I replied, "O Allah's Apostle! My father died (or was martyred) and I have some young sisters, so I felt it not proper that I should marry a young girl like them who would neither teach them manners nor serve them. So, I have married a matron so that she may serve them and teach them manners." When Allah's Apostle arrived in Medina, I took the camel to him the next morning and he gave me its price and gave me the camel itself as well.
Yahya related to me from Malik from Abu'z-Zinad that Said ibn al-Musayyab said, "People used to be given bonuses from the Khumus."
Malik said, "That is the best of what I have heard on the matter."
Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."
I called on Jabir bin Abdullah Al-Ansari and said to him, "Relate to me what you have heard from Allah's Apostle." He said, "I accompanied him on one of the journeys." (Abu Aqil said, "I do not know whether that journey was for the purpose of Jihad or Umra.") "When we were returning," Jabir continued, "the Prophet said, 'Whoever wants to return earlier to his family, should hurry up.' We set off and I was on a black red tainted camel having no defect, and the people were behind me. While I was in that state the camel stopped suddenly (because of exhaustion). On that the Prophet said to me, 'O Jabir, wait!' Then he hit it once with his lash and it started moving on a fast pace. He then said, 'Will you sell the camel?' I replied in the affirmative when we reached Medina, and the Prophet went to the Mosque along with his companions. I, too, went to him after tying the camel on the pavement at the Mosque gate. Then I said to him, 'This is your camel.' He came out and started examining the camel and saying, 'The camel is ours.' Then the Prophet sent some Awaq (i.e. an amount) of gold saying, 'Give it to Jabir.' Then he asked, 'Have you taken the full price (of the camel)?' I replied in the affirmative. He said, 'Both the price and the camel are for you.'"
Once the people got frightened, so Allah's Apostle rode a slow horse belonging to Abu Talha, and he set out all alone, making the horse gallop. Then the people rode, making their horses gallop after him. On his return he said, "Don't be afraid (there is nothing to be afraid of) (and I have found) this horse a very fast one." That horse was never excelled in running hence forward. (Qastalani Vol. 5)
Um Ar-Rubai'bint Al-Bara, the mother of Hartha bin Suraqa came to the Prophet and said, "O Allah's Prophet! Will you tell me about Hartha?" Hartha has been killed (i.e. martyred) on the day of Badr with an arrow thrown by an unidentified person. She added, "If he is in Paradise, I will be patient; otherwise, I will weep bitterly for him." He said, "O mother of Hartha! There are Gardens in Paradise and your son got the Firdausal-ala (i.e. the best place in Paradise)."
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, sent a raiding party which included Abdullah ibn Umar near Najd. They plundered many camels and their portions were twelve or eleven camels each. They divided it up camel by camel.
Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."
Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "
Malik said about enemy soldiers who were found on the seashore of a Muslim land, and they claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that except that their ships were damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the imam to give his opinion about them, and I do not think that the tax of one fifth is taken from them."
Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."
Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."
Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."
Allah's Apostle said, "Once Solomon, son of David said, '(By Allah) tonight I will have sexual intercourse with one hundred (or ninety-nine) women each of whom will give birth to a knight who will fight in Allah's cause.' On that a (i.e. if Allah wills) but he did not say, 'Allah willing.' Therefore only one of those women conceived and gave birth to a half-man. By Him in Whose Hands Muhammad's life is, if he had said, "Allah willing', (he would have begotten sons) all of whom would have been knights striving in Allah's cause."
The Prophet was the best, the bravest and the most generous of all the people. Once when the people of Medina got frightened, the Prophet rode a horse and went ahead of them and said, "We found this horse very fast."
Jubair bin Mut'im told me that while he was in the company of Allah's Apostle with the people returning from Hunain, some people (bedouins) caught hold of the Prophet and started begging of him so much so that he had to stand under a (kind of thorny tree (i.e. samurah) and his cloak was snatched away. The Prophet stopped and said, "Give me my cloak. If I had as many camels as these thorny trees, I would have distributed them amongst you and you will not find me a miser or a liar or a coward."
The Prophet did not leave behind him after his death, anything except his arms, his white mule, and a piece of land at Khaibar which he left to be given in charity .
Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.
Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."
Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "Property was sent to Abu Bakr as-Siddiq from Bahrayn. He said, 'If someone had a promise or a pledge with the Messenger of Allah, may Allah bless him and grant him peace, let him come to me.' So Jabir ibn Abdullah came to him, and he gave him three times as much of it as would fill both hands.''
Allah's Apostle said to me, "Will you relieve me from Dhul-Khalasa? Dhul-Khalasa was a house (of an idol) belonging to the tribe of Khath'am called Al-Ka'ba Al-Yama-niya. So, I proceeded with one hundred and fifty cavalry men from the tribe of Ahmas, who were excellent knights. It happened that I could not sit firm on horses, so the Prophet stroked me over my chest till I saw his finger-marks over my chest, he said, 'O Allah! Make him firm and make him a guiding and rightly guided man.' " Jarir proceeded towards that house, and dismantled and burnt it. Then he sent a messenger to Allah's Apostle informing him of that. Jarir's messenger said, "By Him Who has sent you with the Truth, I did not come to you till I had left it like an emancipated or gabby camel (i.e. completely marred and spoilt)." Jarir added, "The Prophet asked for Allah's Blessings for the horses and the men of Ahmas five times."
The Prophet burnt the date-palms of Bani An-Nadir.
When the Prophet called the people (Sadqa, a sub-narrator, said, 'Most probably that happened on the day of Al-Khandaq,') Az-Zubair responded to the call (i.e. to act as a reconnoiter). The Prophet) called the people again and Az-Zubair responded to the call. The Prophet then said, "Every prophet had a disciple and my disciple is Zubair bin Al-Awwam."
Jabir bin Abdullah said, "We set out, and we were three-hundred men carrying our journey-food on our shoulders. Then we began to eat a single date each per day." A man asked (Jabir), "O Abu Abdullah! How could a person be satisfied with a single date?" Jabir replied, "We realized the value of that one date when we could not even have that much till we reached the sea-shore, when all of a sudden we saw a huge fish cast by the sea. So, we ate of it as much as we wished for eighteen days."
The Prophet said, "Charity is obligatory every day on every joint of a human being. If one helps a person in matters concerning his riding animal by helping him to ride it or by lifting his luggage on to it, all this will be regarded charity. A good word, and every step one takes to offer the compulsory congregational prayer, is regarded as charity; and guiding somebody on the road is regarded as charity."
Whenever Allah's Apostle intended to lead a ghazwa, he would use an equivocation from which one would understand that he was going to a different destination.
Whenever Allah's Apostle intended to carry out a ghazwa, he would use an equivocation to conceal his real destination till it was the ghazwa of Tabuk which Allah's Apostle carried out in very hot weather. As he was going to face a very long journey through a wasteland and was to meet and attack a large number of enemies. So, he made the situation clear to the Muslims so that they might prepare themselves accordingly and get ready to conquer their enemy. The Prophet informed them of the destination he was heading for. (Ka'b bin Malik used to say, "Scarcely did Allah's Apostle set out for a journey on a day other than Thursday.")
The Prophet set out on Thursday for the ghazwa of Tabuk and he used to prefer to set out (i.e. travel) on Thursdays.
Jarir bin Abdullah said to me, "Allah's Apostle said to me, 'Won't you relieve me from Dhul-Khalasa?' Dhul-Khalasa was a house where the tribe of Khatham used to stay, and it used to be called Ka'bat-ul Yamaniya. So I proceeded with one hundred-and-fifty (men) from the tribe of Ahmas who were good cavalry. I informed the Prophet that I could not sit firm on horses, so he stroked me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man." Jarir set out towards that place, dismantled and burnt it, and then sent the good news to Allah's Apostle . The messenger of Jarir said to Allah's Apostle. "O Allah's Apostle! By Him Who has sent you with the Truth, I did not come to you till it (i.e. the house) had been turned (black) like a scabby camel (covered with tar)." So the Prophet invoked Allah to bless the horses of the men of Ahmas five times.
The freed slave of Umar bin Ubaidullah who was Umar's clerk: Abdullah bin Abi Aufa wrote him (i.e. Umar) a letter that contained the following:
"Once Allah's Apostle (during a holy battle), waited till the sun had declined and then he got up among the people and said, "O people! Do not wish to face the enemy (in a battle) and ask Allah to save you (from calamities) but if you should face the enemy, then be patient and let it be known to you that Paradise is under the shades of swords." He then said, "O Allah! The Revealer of the (Holy) Book, the Mover of the clouds, and Defeater of Al-Ahzab (i.e. the clans of infidels), defeat them infidels and bestow victory upon us."
I was in the company of Talha bin Ubaidullah, Sad, Al-Miqdad bin Al-Aswad and Abdur Rahman bin Auf and I heard none of them narrating anything from Allah's Apostle but Talha was talking about the day (of the battle) of Uhud.
as above (Hadith No. 158).
That he participated in a ghazwa (holy battle) in the company of Allah's Apostle. Midday came upon them while they were in a valley having many thorny trees. The people dispersed to rest in the shade of the trees. The Prophet rested under a tree, hung his sword on it, and then slept. Then he woke up to find near to him, a man whose presence he had not noticed before. The Prophet said, "This (man) took my sword (out of its scabbard) and said, 'Who will save you from me.' I replied, 'Allah.' So, he put the sword back into its scabbard, and you see him sitting here." Anyhow, the Prophet did not punish him. (See Hadith No. 158)
The Prophet performed Umra, setting out from Al-Jarana where he distributed the war booty of Hunain.
Um Haram said, "Once the Prophet slept in my house near to me and got up smiling. I said, What makes you smile?' He replied, Some of my followers who (i.e. in a dream) were presented to me sailing on this green sea like kings on thrones. I said, 'O Allah's Apostle! Invoke Allah to make me one of them. " So the Prophet invoked Allah for her and went to sleep again. He did the same (i.e. got up and told his dream) and Um Haram repeated her question and he gave the same reply. She said, "Invoke Allah to make me one of them." He said, "You are among the first batch." Later on it happened that she went out in the company of her husband Ubada bin As-Samit who went for Jihad and it was the first time the Muslims undertook a naval expedition led by Mu'awiya. When the expedition came to an end and they were returning to Sham, a riding animal was presented to her to ride, but the animal let her fall and thus she died.
Once Musa bin Anas while describing the battle of Yamama, said, "Anas bin Malik went to Thabit bin Qais, who had lifted his clothes from his thighs and was applying hunut to his body. Anas asked, 'O Uncle! What is holding you back (from the battle)?' He replied, 'O my nephew! I am coming just now,' and went on perfuming himself with hunut, then he came and sat (in the row). Anas then mentioned that the people fled from the battle-field. On that Thabit said, 'Clear the way for me to fight the enemy. We would never do so (i.e. flee) in the company of Allah's Apostle. How bad the habits you have acquired from your enemies!' "
When the tribe of Bani Quraiza was ready to accept Sad's judgment, Allah's Apostle sent for Sad who was near to him. Sad came, riding a donkey and when he came near, Allah's Apostle said (to the Ansar), "Stand up for your leader." Then Sad came and sat beside Allah's Apostle who said to him. "These people are ready to accept your judgment." Sad said, "I give the judgment that their warriors should be killed and their children and women should be taken as prisoners." The Prophet then remarked, "O Sad! You have judged amongst them with (or similar to) the judgment of the King Allah."
Umar (after he was stabbed), instructed (his would-be-successor) saying, "I urge him (i.e. the new Caliph) to take care of those non-Muslims who are under the protection of Allah and His Apostle in that he should observe the convention agreed upon with them, and fight on their behalf (to secure their safety) and he should not over-tax them beyond their capability."
That Umair bin Al-Aswad Al-Anasi told him that he went to Ubada bin As-Samit while he was staying in his house at the sea-shore of Hims with (his wife) Um Haram. Umair said, "Um Haram informed us that she heard the Prophet saying, 'Paradise is granted to the first batch of my followers who will undertake a naval expedition.' Um Haram added, "I said, 'O Allah's Apostle! Will I be amongst them?' He replied, 'You are amongst them.' The Prophet then said, 'The first army amongst my followers who will invade Caesar's City will be forgiven their sins.' I asked, 'Will I be one of them, O Allah's Apostle?' He replied in the negative."
A man came to the Prophet and asked, "A man fights for war booty; another fights for fame and a third fights for showing off; which of them fights in Allah's cause?" The Prophet said, "He who fights that Allah's Word (i.e. Islam) should be superior, fights in Allah's cause."
The Prophet said, "The Hour will not be established till you fight with people wearing shoes made of hair. And the Hour will not be established till you fight with people whose faces look like shields coated with leather. " (Abu Huraira added, "(They will be) small-eyed, flat nosed, and their faces will look like shields coated with leather.")
Allah's Apostle said, "You (i.e. Muslims) will fight with the Jews till some of them will hide behind stones. The stones will (betray them) saying, 'O Abdullah (i.e. slave of Allah)! There is a Jew hiding behind me; so kill him.' "
Allah's Apostle said, "The Hour will not be established until you fight with the Jews, and the stone behind which a Jew will be hiding will say. "O Muslim! There is a Jew hiding behind me, so kill him."
The Prophet said, "One of the portents of the Hour is that you will fight with people wearing shoes made of hair; and one of the portents of the Hour is that you will fight with broad-faced people whose faces will look like shields coated with leather."
Allah's Apostle said, "The Hour will not be established until you fight with the Turks; people with small eyes, red faces, and flat noses. Their faces will look like shields coated with leather. The Hour will not be established till you fight with people whose shoes are made of hair."
The Prophet said, "Free the captives, feed the hungry and pay a visit to the sick."
I asked Ali, "Do you have the knowledge of any Divine Inspiration besides what is in Allah's Book?" Ali replied, "No, by Him Who splits the grain of corn and creates the soul. I don't think we have such knowledge, but we have the ability of understanding which Allah may endow a person with, so that he may understand the Qur'an, and we have what is written in this paper as well." I asked, "What is written in this paper?" He replied, "(The regulations of) blood-money, the freeing of captives, and the judgment that no Muslim should be killed for killing an infidel."
Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."
Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."
Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "
Yahya related to me from Malik from Nafi that when Abdullah ibn Umar gave something in the way of Allah, he would say to its owner, "When you reach Wadi'l-Qura, (on the outskirts of Madina) then it is your affair."
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."
Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."
Umar bin Al-Khattab gave a horse to be ridden in Allah's cause and then he found it being sold. He intended to purchase it. So, he consulted Allah's Apostle who said, "Don't buy it and don't take back your gift of charity."
I heard Umar bin Al-Khattab saying, "I gave a horse to be ridden in Allah's cause and the person who got it intended to sell it or neglected it. So, I wanted to buy it as I thought he would sell it cheap. I consulted the Prophet who said, "Do not buy it even if for one Dirham, because he who takes back his gift is like a dog swallowing its vomit."
Um Haram told me that the Prophet one day took a midday nap in her house. Then he woke up smiling. Um Haram asked, "O Allah's Apostle! What makes you smile?" He replied "I was astonished to see (in my dream) some people amongst my followers on a sea-voyage looking like kings on the thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He replied, "You are amongst them." He slept again and then woke up smiling and said the same as before twice or thrice. And she said, "O Allah's Apostle! Invoke Allah to make me one of them." And he said, "You are amongst the first batch." Ubada bin As-Samit married her (i.e. Um Haram) and then he took her for Jihad. When she returned, an animal was presented to her to ride, but she fell down and her neck was broken.
Allah's Apostle said, "To guard Muslims from infidels in Allah's cause for one day is better than the world and whatever is on its surface, and a place in Paradise as small as that occupied by the whip of one of you is better than the world and whatever is on its surface; and a morning's or an evening's journey which a slave (person) travels in Allah's cause is better than the world and whatever is on its surface."
That he was in the company of Allah's Apostle on some of his journeys. (The sub-narrator Abdullah adds, "I think that Abu Bashir also said, 'And the people were at their sleeping places.") Allah's Apostle sent a messenger ordering: "There shall not remain any necklace of string or any other kind of necklace round the necks of camels except it is cut off."
That he proceeded in the company of Allah's Apostle towards Najd to participate in a ghazwa (holy battle). When Allah's Apostle returned, he too returned with him. Midday came upon them while they were in a valley having many thorny trees. Allah's Apostle and the people dismounted and dispersed to rest in the shade of the trees. Allah's Apostle rested under a tree and hung his sword on it. We all took a nap and suddenly we heard Allah's Apostle calling us. (We woke up) to see a bedouin with him. The Prophet said, "This bedouin took out my sword while I was sleeping and when I woke up, I found the unsheathed sword in his hand and he challenged me saying, "Who will save you from me?"I said thrice, "Allah." The Prophet did not punish him but sat down.
Usama bin Zaid was asked at what pace the Prophet rode during Hajjat-ul-Wada. "He rode at a medium pace, but when he came upon an open way he would go at full pace."
While I was in the company of Abdullah bin Umar on the way to Mecca, he received the news of the severe illness of Safiya bint Abi Ubaid (i.e. his wife), so he proceeded at greater speed, and when the twilight disappeared, he dismounted and offered the Maghrib and Isha prayers together and said, " I saw the Prophet delaying the Maghrib prayer to offer it along with the Isha when he was in a hurry on a journey."
Allah's Apostle said, "Journey is a piece of torture, for it disturbs one's sleep, eating and drinking. So, when you fulfill your job, you should hurry up to your family."
Allah's Apostle said, "There is a (compulsory) sadaqa (charity) to be given for every joint of the human body (as a sign of gratitude to Allah) every day the sun rises. To judge justly between two persons is regarded as sadaqa, and to help a man concerning his riding animal by helping him to ride it or by lifting his luggage on to it, is also regarded as sadaqa, and (saying) a good word is also sadaqa, and every step taken on one's way to offer the compulsory prayer (in the mosque) is also sadaqa and to remove a harmful thing from the way is also sadaqa."
The Prophet arranged for a horse race amongst the horses that had been made lean to take place between Al-Hafya and Thaniyat Al-Wada (i.e. names of two places) and the horses which had not been made lean from Ath-Thaniyat to the mosque of Bani Zuraiq. I was also amongst those who took part in that horse race. Sufyan, a sub-narrator, said, "The distance between Al-Hafya and Thaniya Al-Wada is five or six miles; and between Thaniya and the mosque of Bani Zuraiq is one mile."
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Blessing is in the forelocks of horses until the Day of Rising."
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, held a race between horses which had been made lean by training, from al-Hafya to Thaniyatu-lWada. He held a race between horses which had not been made lean from the Thaniya (a mountain pass near Madina) to the mosque of the Banu Zurayq. Abdullah ibn Umar was among those who raced them .
Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "There is no harm in placing stakes on horses if a third horse enters it. The winner takes the stake, and there is no fine against the loser."
Yahya related to me from Malik from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, was seen wiping the face of his horse with his cloak. He was questioned about it and said, "I was reproached in the night about horses." i.e. not taking care of them.
Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that when the Messenger of Allah, may Allah bless him and grant him peace, went out to Khaybar, he arrived there at night, and when he came upon a people by night, he did not attack until morning. In the morning, the jews came out with their spades and baskets. When they saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The Messenger of Allah, may Allah bless him and grant him peace, said "Allah is greater! Khaybar is destroyed. When we come to a people, it is an evil morning for those who have been warned . "
Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well-watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."
21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma
Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab was washed and shrouded and prayed over, yet he was a martyr, may Allah have mercy on him .
Yahya related to me from Malik that he had heard the people of knowledge say that martyrs in the way of Allah were not washed, nor were any of them prayed over. They were buried in the garments in which they were slain.
Malik said, "That is the sunna for someone who is killed on the battleground and is not reached until he is already dead. Someone who is carried off and lives for as long as Allah wills after it, is washed and prayed over as was Umar ibn al-Khattab."
Allah's Apostle did not screen himself from me since my embracing Islam, and whenever he saw me he would receive me with a smile. Once I told him that I could not sit firm on horses. He stroked me on the chest with his hand and said, "O Allah! Make him firm and make him a guiding and a rightly-guided man."
"An infidel spy came to the Prophet while he was on a journey. The spy sat with the companions of the Prophet and started talking and then went away. The Prophet said (to his companions), 'Chase and kill him.' So, I killed him." The Prophet then gave him the belongings of the killed spy (in addition to his share of the war booty).
Ibn Abbas said, "Thursday! What (great thing) took place on Thursday!" Then he started weeping till his tears wetted the gravels of the ground. Then he said, "On Thursday the illness of Allah's Apostle was aggravated and he said, 'Fetch me writing materials so that I may have something written to you after which you will never go astray.' The people (present there) differed in this matter and people should not differ before a prophet. They said, 'Allah's Apostle is seriously sick.' The Prophet said, 'Let me alone, as the state in which I am now, is better than what you are calling me for.' The Prophet on his death-bed, gave three orders saying, 'Expel the pagans from the Arabian Peninsula, respect and give gifts to the foreign delegates as you have seen me dealing with them.' I forgot the third (order)." (Ya'qub bin Muhammad said, "I asked Al-Mughira bin Abdur-Rahman about the Arabian Peninsula and he said, 'It comprises Mecca, Medina, Al-Yama-ma and Yemen." Ya'qub added, "And Al-Arj, the beginning of Tihama.")
The Prophet said, "Good will remain (as a permanent quality) in the foreheads of horses (for Jihad) till the Day of Resurrection, for they bring about either a reward (in the Hereafter) or booty (in this world.)"
The Prophet said, "If somebody keeps a horse in Allah's cause motivated by his faith in Allah and his belief in His promise, then he will be rewarded on the Day of Resurrection for what the horse has eaten or drunk and for its dung and urine."
Allah's Apostle sent a group of Ansari men to kill Abu-Rafi. One of them set out and entered their (i.e. the enemies) fort. That man said, "I hid myself in a stable for their animals. They closed the fort gate. Later they lost a donkey of theirs, so they went out in its search. I, too, went out along with them, pretending to look for it. They found the donkey and entered their fort. And I, too, entered along with them. They closed the gate of the fort at night, and kept its keys in a small window where I could see them. When those people slept, I took the keys and opened the gate of the fort and came upon Abu Rafi and said, 'O Abu Rafi.' When he replied me, I proceeded towards the voice and hit him. He shouted and I came out to come back, pretending to be a helper. I said, 'O Abu Rafi,' changing the tone of my voice. He asked me, 'What do you want; woe to your mother?' I asked him, 'What has happened to you?' He said, 'I don't know who came to me and hit me.' Then I drove my sword into his belly and pushed it forcibly till it touched the bone. Then I came out, filled with puzzlement and went towards a ladder of theirs in order to get down but I fell down and sprained my foot. I came to my companions and said, 'I will not leave till I hear the wailing of the women.' So, I did not leave till I heard the women bewailing Abu Rafi, the merchant of Hijaz. Then I got up, feeling no ailment, (and we proceeded) till we came upon the Prophet and informed him."
Allah's Apostle sent a group of the Ansar to Abu Rafi. Abdullah bin Atik entered his house at night and killed him while he was sleeping.
During some of the ghazawat of the Prophet a woman was found killed. Allah's Apostle disapproved the killing of women and children.
The Prophet said, "Who is ready to kill Ka'b bin Ashraf (i.e. a Jew)." Muhammad bin Maslama replied, "Do you like me to kill him?" The Prophet replied in the affirmative. Muhammad bin Maslama said, "Then allow me to say what I like." The Prophet replied, "I do (i.e. allow you)."
During some of the ghazawat of Allah's Apostle a woman was found killed, so Allah's Apostle forbade the killing of women and children.
Somebody asked Al-Bar-a bin Azib, "Did you flee deserting Allah's Apostle during the battle of Hunain?" Al-Bara replied, "But Allah's Apostle did not flee. The people of the Tribe of Hawazin were good archers. When we met them, we attacked them, and they fled. When the Muslims started collecting the war booty, the pagans faced us with arrows, but Allah's Apostle did not flee. No doubt, I saw him on his white mule and Abu Sufyan was holding its reins and the Prophet was saying, 'I am the Prophet in truth: I am the son of 'Abdul Muttalib.' "
That he heard the Prophet saying, "It is not permissible for a man to be alone with a woman, and no lady should travel except with a Muhram (i.e. her husband or a person whom she cannot marry in any case for ever; e.g. her father, brother, etc.)." Then a man got up and said, "O Allah's Apostle! I have enlisted in the army for such-and-such ghazwa and my wife is proceeding for Hajj." Allah's Apostle said, "Go, and perform the Hajj with your wife."
The Prophet said, "It is obligatory for one to listen to and obey (the ruler's orders) unless these orders involve one disobedience (to Allah); but if an act of disobedience (to Allah) is imposed, he should not listen to or obey it."
The Prophet said (to us), "List the names of those people who have announced that they are Muslims." So, we listed one thousand and five hundred men. Then we wondered, "Should we be afraid (of infidels) although we are one thousand and five hundred in number?" No doubt, we witnessed ourselves being afflicted with such bad trials that one would have to offer the prayer alone in fear.
"We (listed the Muslims and) found them five hundred." And Abu Muawiya said, "Between six-hundred to seven-hundred."
A man came to the Prophet and said, "O Allah's Apostle! I have enlisted in the army for such-and-such ghazwa, and my wife is leaving for Hajj." Allah's Apostle said, "Go back and perform Hajj with your wife."
Abu Abdur-Rahman who was one of the supporters of Uthman said to Abu Talha who was one of the supporters of Ali, "I perfectly know what encouraged your leader (i.e. Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " Abdur-Rahman added, "So this is what encouraged him (i.e. Ali)."
Whenever the Prophet intended to proceed on a journey, he used to draw lots amongst his wives and would take the one upon whom the lot fell. Once, before setting out for Jihad, he drew lots amongst us and the lot came to me; so I went with the Prophet, and that happened after the revelation of the Verse Hijab (i.e. veiling).
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By He in whose hand my self is! I would like to fight in the way of Allah and be killed, then be brought to life again so I could be killed, and then be brought to life again so I could be killed." Abu Hurayra said three times, "I testify to it by Allah!"
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah laughs at two men. One of them kills the other, but each of them will enter the Garden: one fights in the way of Allah and is killed, then Allah turns to the killer, so he fights (in the way of Allah) and also becomes a martyr."
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By He in whose hand my self is! None of you is wounded in the way of Allah - and Allah knows best who is wounded in HisWay, but that when the Day of Rising comes, blood will gush forth from his wound. It will be the colour of blood, but its scent will be that of musk."
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab used to say, "O Allah! Do not let me be slain by the hand of a man who has prayed a single prostration to You with which he will dispute with me before You on the Day of Rising!"
Yahya related to me from Malik from Yahya ibn Said from Said al-Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."
Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said over the martyrs of Uhud, "I testify for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are we not their brothers? We entered Islam as they entered Islam and we did jihad as they did jihad." The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes, but I do not know what you will do after me." Abu Bakr wept profusely and said, "Are we really going to out-live you!"
Yahya related to me from Malik that Yahya ibn Said said, "The Messenger of Allah, may Allah bless him and grant him peace, was sitting by a grave which was being dug at Madina. A man looked into the grave and said, 'An awful bed for the mumin. 'The Messenger of Allah, may Allah blesshim and grant him peace, said, 'Evil? What you have said is absolutely wrong.'
The man said, 'I didn't mean that, Messenger of Allah. I meant being killed in the way of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Being killed in the way of Allah has no like! There is no place on the earth which I would prefer my grave to be than here (meaning Madina). He repeated it three times.' "
Allah's Apostle used to visit Um Haram bint Milhan, who would offer him meals. Um Haram was the wife of Ubada bin As-Samit. Allah's Apostle once visited her and she provided him with food and started looking for lice in his head. Then Allah's Apostle slept, and afterwards woke up smiling. Um Haram asked, "What causes you to smile, O Allah's Apostle?" He said. "Some of my followers who (in a dream) were presented before me as fighters in Allah's cause (on board a ship) amidst this sea cause me to smile; they were as kings on the thrones (or like kings on the thrones)." (Ishaq, a sub-narrator, is not sure as to which expression the Prophet used.) Um-Haram said, "O Allah's Apostle! Invoke Allah that he makes me one of them. Allah's Apostle invoked Allah for her and slept again and woke up smiling. Once again Um Haram asked, "What makes you smile, O Allah's Apostle?" He replied, "Some of my followers were presented to me as fighters in Allah's cause," repeating the same dream. Um-Haram said, "O Allah's Apostle! Invoke Allah that He makes me one of them." He said, "You are amongst the first ones." It happened that she sailed on the sea during the caliphate of Mu'awiya bin Abi Sufyan, and after she disembarked, she fell down from her riding animal and died.
(from his father) Abu Qatada went out (on a journey) with Allah's Apostle but he was left behind with some of his companions who were in the state of Ihram. He himself was not in the state of Ihram. They saw an onager before he could see it. When they saw the onager, they did not speak anything till Abu Qatada saw it. So, he rode over his horse called Al-Jarada and requested them to give him his lash, but they refused. So, he himself took it and then attacked the onager and slaughtered it. He ate of its meat and his companions ate, too, but they regretted their eating. When they met the Prophet (they asked him about it) and he asked, "Have you some of its meat (left) with you?" Abu Qatada replied, "Yes, we have its leg with us." So, the Prophet took and ate it.
In our garden there was a horse belonging to the Prophet called Al-Luhaif or Al-Lakhif.
I was a companion rider of the Prophet on a donkey called Ufair. The Prophet asked, "O Mu'adh! Do you know what Allah's right on His slaves is, and what the right of His slaves on Him is?" I replied, "Allah and His Apostle know better." He said, "Allah's right on His slaves is that they should worship Him (Alone) and should not worship any besides Him. And slave's right on Allah is that He should not punish him who worships none besides Him." I said, "O Allah's Apostle! Should I not inform the people of this good news?" He said, "Do not inform them of it, lest they should depend on it (absolutely)."
Once there was a feeling of fright in Medina, so the Prophet borrowed a horse belonging to us called Mandub (and he rode away on it). (When the Prophet returned) he said, "I have not seen anything of fright and I found it (i.e. this horse) very fast."
The Prophet said, on the day of the conquest of Mecca, "There is no migration (after the conquest), but Jihad and good intentions, and when you are called for Jihad, you should immediately respond to the call."
Mujashi (bin Mas'ud) took his brother Mujalid bin Musud to the Prophet and said, "This is Mujalid and he will give a pledge of allegiance to you for migration." The Prophet said, "There is no migration after the conquest of Mecca, but I will take his pledge of allegiance for Islam."
I and Ubai bin Umar went to Aisha while she was staying near Thabir (i.e. a mountain). She said, "There is no migration after Allah gave His Prophet victory over Mecca."
I heard the Prophet saying, "Indeed, anyone who fasts for one day for Allah's pleasure, Allah will keep his face away from the (Hell) fire for (a distance covered by a journey of) seventy years."
Once a slave of Ibn Umar fled and joined the Byzantine. Khalid bin Al-Walid got him back and returned him to Abdullah (bin Umar). Once a horse of Ibn Umar also ran away and followed the Byzantines, and he (i.e. Khalid) got it back and returned it to Abdullah.
That he was riding a horse on the day the Muslims fought (against the Byzantines), and the commander of the Muslim army was Khalid bin Al-Walid who had been appointed by Abu Bakr. The enemy took the horse away, and when the enemy was defeated, Khalid returned the horse to him.
Allah's Apostle said, "Know that Paradise is under the shades of swords."
'Abdullah bin Abi Aufa wrote and I read what he wrote that Allah's Apostle said, "When you face them (i.e. your enemy) then be patient."
Allah's Apostle was the (most handsome), most generous and the bravest of all the people. Once the people of Medina got frightened having heard an uproar at night. So, the Prophet met the people while he was riding an unsaddled horse belonging to Abu Talha and carrying his sword (slung over his shoulder). He said (to them), "Don't get scared, don't get scared." Then he added, "I found it (i.e the horse) very fast."
The Prophet said, "Three persons will get their reward twice. (One is) a person who has a slave girl and he educates her properly and teaches her good manners properly (without violence) and then manumits and marries her. Such a person will get a double reward. (Another is) a believer from the people of the scriptures who has been a true believer and then he believes in the Prophet (Muhammad). Such a person will get a double reward. (The third is) a slave who observes Allah's rights and obligations and is sincere to his master."
I was on a journey in the company of the Prophet and when we reached Medina, he said to me, "Enter the mosque and offer two Rakat."
Whenever the Prophet returned from a journey in the forenoon, he would enter the mosque and offer two Rakat before sitting.
On the day (of the battle) of Khaibar the Prophet said, "Tomorrow I will give the flag to somebody who will be given victory (by Allah) and who loves Allah and His Apostle and is loved by Allah and His Apostle." So, the people wondered all that night as to who would receive the flag and in the morning everyone hoped that he would be that person. Allah's Apostle asked, "Where is Ali?" He was told that Ali was suffering from eye-trouble, so he applied saliva to his eyes and invoked Allah to cure him. He at once got cured as if he had no ailment. The Prophet gave him the flag. Ali said, "Should I fight them till they become like us (i.e. Muslim)?" The Prophet said, "Go to them patiently and calmly till you enter the land. Then, invite them to Islam, and inform them what is enjoined upon them, for, by Allah, if Allah gives guidance to somebody through you, it is better for you than possessing red camels."
While some Ethiopians were playing in the presence of the Prophet, Umar came in, picked up a stone and hit them with it. On that the Prophet said, "O Umar! Allow them (to play)." Ma'mar (the sub-narrator) added that they were playing in the mosque.
I asked the Prophet during his Hajj, "O Allah's Apostle! Where will you stay tomorrow?" He said, "Has Aqil left for us any house?" He then added, "Tomorrow we will stay at Khaif Bani Kinana, i.e. Al-Muhassab, where (the pagans of) Quraish took an oath of Kufr (i.e. to be loyal to heathenism) in that Bani Kinana got allied with Quraish against Bani Hashim on the terms that they would not deal with the members of this tribe or give them shelter." (Az-Zuhri said, "Khaif means valley.") (See Hadith No. 659, Vol. 2)
Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of Abdur-Rahman bin Auf and the livestock of (Uthman) bin Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the pre-Islamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's cause, I would not have turned even a span of their land into a Hima."
A man whose face was covered with an iron mask (i.e. clad in armor) came to the Prophet and said, "O Allah's Apostle! Shall I fight or embrace Islam first? "The Prophet said, "Embrace Islam first and then fight." So he embraced Islam, and was martyred. Allah's Apostle said, "A little work, but a great reward. "(He did very little (after embracing Islam), but he will be rewarded in abundance)."
In the life-time of the Prophet, Abu Talha did not fast because of the Jihad, but after the Prophet died I never saw him without fasting except on Id-ul-Fitr and Id-ul-Adha.
The Prophet arranged for a horse race of the horses which had not been made lean; the area of the race was from Ath-Thaniya to the mosque of Bani Zuraiq. (The sub-narrator said, "'Abdullah bin Umar was amongst those who participated in that horse race.")
Allah's Apostle sent a Sariya of ten men as spies under the leadership of Asim bin Thabit al-Ansari, the grandfather of Asim bin Umar Al-Khattab. They proceeded till they reached Hadaa, a place between Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks. When Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you." Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet." Then the infidels threw arrows at them till they martyred Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man. So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin Amir bin Naufal bin Abd Manaf. It was Khubaib who had killed Al-Harith bin Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people.
Narrated Az-Zuhri: Ubaidullah bin Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rakat (prayer). They allowed him and he offered two rakat and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse): "I being martyred as a Muslim, Do not mind how I am killed in Allah's cause, For my killing is for Allah's sake, And if Allah wishes, He will bless the amputated parts of a torn body." Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rakat prayer (before being killed). Allah fulfilled the invocation of Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over Asim and protect him from their messenger and thus they could not cut off anything from his flesh.
The Prophet passed by me at a place called Al-Abwa or Waddan, and was asked whether it was permissible to attack the pagan warriors at night with the probability of exposing their women and children to danger. The Prophet replied, "They (i.e. women and children) are from them (i.e. pagans)." I also heard the Prophet saying, "The institution of Hima is invalid except for Allah and His Apostle."
The Prophet said, "A single endeavor (of fighting) in Allah's cause in the forenoon or in the afternoon is better than the world and whatever is in it."
The Prophet said, "A place in Paradise as small as a bow is better than all that on which the sun rises and sets (i.e. all the world)." He also said, "A single endeavor in Allah's cause in the afternoon or in the forenoon is better than all that on which the sun rises and sets."
The Prophet said, "A single endeavor in Allah's cause in the afternoon and in the forenoon is better than the world and whatever is in it."
Yahya related to me from Malik from Ibn Shihab that a son of Kab ibn Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman ibn Kab) said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade those who fought ibn Abi Huqayq (a treacherous jew from Madina) to kill women and children. He said that one of the men fighting had said, 'The wife of ibn Abi Huqayq began screaming and I repeatedly raised my sword against her. Then I would remember the prohibition of the Messenger of Allah, may Allah bless him and grant him peace, so I would stop. Had it not been for that, we would have been rid of her.' "
Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, saw the corpse of a woman who had been slain in one of the raids, and he disapproved of it and forbade the killing of women and children.
Yahya related to me from Malik from Yahya ibn Said that Abu Bakr as-Siddiq was sending armies to ash-Sham. He went for a walk with Yazid ibn Abi Sufyan who was the commander of one of the battalions. It is claimed that Yazid said to Abu Bakr, "Will you ride or shall I get down?" Abu Bakrsaid, "I will not ride and you will not get down. I intend these steps of mine to be in the way of Allah."
Then Abu Bakr advised Yazid, "You will find a people who claim to have totally given themselves to Allah. Leave them to what they claim to have given themselves. You will find a people who have shaved the middle of their heads, strike what they have shaved with the sword.
"I advise you ten things: Do not kill women or children or an aged, infirm person. Do not cut down fruit-bearing trees. Do not destroy an inhabited place. Do not slaughter sheep or camels except for food. Do not burn bees and do not scatter them. Do not steal from the booty, and do not be cowardly."
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not mutilate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that the Messenger of Allah, may Allah bless him and grant him peace, forbade travelling with a Qur'an in the land of the enemy. Malik commented, "That is out of fear that the enemy will get hold of it."
I prepared the journey-food for Allah's Apostle in Abu Bakr's house when he intended to emigrate to Medina. I could not find anything to tie the food-container and the water skin with. So, I said to Abu Bakr, "By Allah, I do not find anything to tie (these things) with except my waist belt." He said, "Cut it into two pieces and tie the water-skin with one piece and the food-container with the other (the sub-narrator added, "She did accordingly and that was the reason for calling her Dhatun-Nitaqain (i.e. two-belted woman))."
During the lifetime of the Prophet we used to take the meat of sacrificed animals (as journey food) to Medina. (See Hadith No. 474 Vol. 7)
That he went out in the company o; the Prophet during the year of Khaibar (campaign till they reached a place called As-Sahba, the lower part of Khaibar. They offered the Asr prayer (there) and the Prophet asked for the food. Nothing but Sawiq was brought to the Prophet. So, they chewed it and ate it and drank water. After that the Prophet got up, washed his mouth, and they too washed their mouths and then offered the prayer.
Once the journey-food of the people ran short and they were in great need. So, they came to the Prophet to take his permission for slaughtering their camels, and he permitted them. Then Umar met them and they informed him about it. He said, "What will sustain you after your camels (are finished)?" Then Umar went to the Prophet and said, "O Allah's Apostle! What will sustain them after their camels (are finished)?" Allah's Apostle said, "Make an announcement amongst the people that they should bring all their remaining food (to me)." (They brought it and) the Prophet invoked Allah and asked for His Blessings for it. Then he asked them to bring their food utensils and the people started filling their food utensils with their hands till they were satisfied. Allah's Apostle then said, "I testify that none has the right to be worshipped but Allah, and I am His Apostle. "
When it was the day (of the battle) of Badr, prisoners of war were brought including Al-Abbas who was undressed. The Prophet looked for a shirt for him. It was found that the shirt of Abdullah bin Ubai would do, so the Prophet let him wear it. That was the reason why the Prophet took off and gave his own shirt to Abdullah. (The narrator adds, "He had done the Prophet some favor for which the Prophet liked to reward him.")
Allah's Apostle sent us in a mission (i.e. am army-unit) and said, "If you find so-and-so and so-and-so, burn both of them with fire." When we intended to depart, Allah's Apostle said, "I have ordered you to burn so-and-so and so-and-so, and it is none but Allah Who punishes with fire, so, if you find them, kill them."
Ali burnt some people and this news reached Ibn Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.' "
That his father said, "The Prophet sent Mu'adh and Abu Musa to Yemen telling them, "Treat the people with ease and don't be hard on them; give them glad tidings and don't fill them with aversion; and love each other, and don't differ."
The Prophet appointed Abdullah bin Jubair as the commander of the infantry men (archers) who were fifty on the day (of the battle) of Uhud. He instructed them, "Stick to your place, and don't leave it even if you see birds snatching us, till I send for you; and if you see that we have defeated the infidels and made them flee, even then you should not leave your place till I send for you." Then the infidels were defeated. By Allah, I saw the women fleeing lifting up their clothes revealing their leg-bangles and their legs. So, the companions of Abdullah bin Jubair said, "The booty! O people, the booty ! Your companions have become victorious, what are you waiting for now?" Abdullah bin Jubair said, "Have you forgotten what Allah's Apostle said to you?" They replied, "By Allah! We will go to the people (i.e. the enemy) and collect our share from the war booty." But when they went to them, they were forced to turn back defeated. At that time Allah's Apostle in their rear was calling them back. Only twelve men remained with the Prophet and the infidels martyred seventy men from us.
On the day (of the battle) of Badr, the Prophet and his companions had caused the pagans to lose 140 men, seventy of whom were captured and seventy were killed. Then Abu Sufyan asked thrice, "Is Muhammad present amongst these people?" The Prophet ordered his companions not to answer him. Then he asked thrice, "Is the son of Abu Quhafa present amongst these people?" He asked again thrice, "Is the son of Al-Khattab present amongst these people?" He then returned to his companions and said, "As for these (men), they have been killed." Umar could not control himself and said (to Abu Sufyan), "You told a lie, by Allah! O enemy of Allah! All those you have mentioned are alive, and the thing which will make you unhappy is still there." Abu Sufyan said, "Our victory today is a counterbalance to yours in the battle of Badr, and in war (the victory) is always undecided and is shared in turns by the belligerents, and you will find some of your (killed) men mutilated, but I did not urge my men to do so, yet I do not feel sorry for their deed." After that he started reciting cheerfully, "O Hubal, be high! (1) On that the Prophet said (to his companions), "Why don't you answer him back?" They said, "O Allah's Apostle! What shall we say?" He said, "Say, Allah is Higher and more Sublime." (Then) Abu Sufyan said, "We have the (idol) Al Uzza, and you have no Uzza." The Prophet said (to his companions), "Why don't you answer him back?" They asked, "O Allah's Apostle! What shall we say?" He said, "Say: Allah is our Helper and you have no helper."
We were in the company of Allah's Apostle (during Hajj). Whenever we went up a high place we used to say: "None has the right to be worshipped but Allah, and Allah is Greater," and our voices used to rise, so the Prophet said, "O people! Be merciful to yourselves (i.e. don't raise your voice), for you are not calling a deaf or an absent one, but One Who is with you, no doubt He is All-Hearer, ever Near (to all things)."
Ibn Az-Zubair said to Ibn Ja'far "Do you remember when I, you and Ibn Abbas went out to receive Allah's Apostle?" Ibn Ja'far replied in the affirmative. Ibn Az-Zubair added, "And Allah's Apostle made us (i.e. I and Ibn Abbas) ride along with him and left you."
I along with some boys went out to receive Allah's Apostle at Thaniyatal-Wada.
I saw Allah's Apostle on the day (of the battle) of the Trench carrying earth till the hair of his chest were covered with dust and he was a hairy man. He was reciting the following verses of Abdullah (bin Rawaha): "O Allah, were it not for You, We would not have been guided, Nor would we have given in charity, nor prayed. So, bestow on us calmness, and when we meet the enemy, Then make our feet firm, for indeed, Yet if they want to put us in affliction, (i.e. want to fight against us) we would not (flee but withstand them)." The Prophet used to raise his voice while reciting these verses. (See Hadith No. 432, Vol. 5).
Whenever we went up a place we would say, "Allahu-Akbar (i.e. Allah is Greater)", and whenever we went down a place we would say, "Subhan Allah."
The Prophet reached Khaibar in the morning, while the people were coming out carrying their spades over their shoulders. When they saw him they said, "This is Muhammad and his army! Muhammad and his army!" So, they took refuge in the fort. The Prophet raised both his hands and said, "Allahu Akbar, Khaibar is ruined, for when we approach a nation (i.e. enemy to fight) then miserable is the morning of the warned ones." Then we found some donkeys which we (killed and) cooked: The announcer of the Prophet announced: "Allah and His Apostle forbid you to eat donkey's meat." So, all the pots including their contents were turned upside down.
Abu Amir was hit with an arrow in his knee, so I went to him and he asked me to remove the arrow. When I removed it, the water started dribbling from it. Then I went to the Prophet and told him about it. He said, "O Allah! Forgive Ubaid Abu Amir."
that Ibn Abbas told him and Ali bin Abdullah to go to Abu Said and listen to some of his narrations; so they both went (and saw) Abu Said and his brother irrigating a garden belonging to them. When he saw them, he came up to them and sat down with his legs drawn up and wrapped in his garment and said, "(During the construction of the mosque of the Prophet) we carried the adobe of the mosque, one brick at a time while Ammar used to carry two at a time. The Prophet passed by Ammar and removed the dust off his head and said, "May Allah be merciful to Ammar. He will be killed by a rebellious aggressive group. Ammar will invite them to (obey) Allah and they will invite him to the (Hell) fire."
Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.
I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."
Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."
Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."
I heard Abu Burda who accompanied Yazid bin Abi Kabsha on a journey. Yazid used to observe fasting on journeys. Abu Burda said to him, "I heard Abu Musa several times saying that Allah's Apostle said, 'When a slave falls ill or travels, then he will get reward similar to that he gets for good deeds practiced at home when in good health.'"
We returned from the Ghazwa of Tabuk along with the Prophet. (See Hadith No. 92 below) .
While the Prophet was in a Ghazwa he said, "Some people have remained behind us in Medina and we never crossed a mountain path or a valley, but they were with us (i.e. sharing the reward with us), as they have been held back by a (legal) excuse."
The Prophet sent seventy men from the tribe of Bani Salim to the tribe of Bani Amir. When they reached there, my maternal uncle said to them, "I will go ahead of you, and if they allow me to convey the message of Allah's Apostle (it will be all right); otherwise, you will remain close to me." So he went ahead of them and the pagans granted him security. But while he was reporting the message of the Prophet, they beckoned to one of their men who stabbed him to death. My maternal uncle said, "Allah is Greater! By the Lord of the Kaba, I am successful." After that they attacked the rest of the party and killed them all except a lame man who went up to the top of the mountain. (Hammam, a sub-narrator said, "I think another man was saved along with him)." Gabriel informed the Prophet that they (i.e the martyrs) met their Lord, and He was pleased with them and made them pleased. We used to recite, "Inform our people that we have met our Lord, He is pleased with us and He has made us pleased." Later on this Quranic verse was cancelled. The Prophet invoked Allah for forty days to curse the murderers from the tribe of Ral, Dhakwan, Bani Lihyan and Bam Usaiya who disobeyed Allah and his Apostle.
In one of the holy battles a finger of Allah's Apostle (got wounded and) bled. He said, "You are just a finger that bled, and what you got is in Allah's cause."
There was a feeling of fright in Medina, so the Prophet borrowed a horse called Mandub belonging to Abu Talha and mounted it. (On his return), he said, "I did not see anything of fright and I found this horse very fast."
The Prophet met them (i.e. the people) while he was riding an unsaddled horse with his sword slung over his shoulder.
Allah's Apostle went towards the Khandaq (i.e. Trench) and saw the emigrants and the Ansar digging in a very cold morning as they did not have slaves to do that for them. When he noticed their fatigue and hunger he said, "O Allah! The real life is that of the Hereafter, (so please) forgive the Ansar and the emigrants." In its reply the emigrants and the Ansar said, "We are those who have given a pledge of allegiance to Muhammad that we will carry on Jihad as long as we live."
Whenever we went up a place we would say Takbir, and whenever we went down we would say, "Subhan Allah."
Whenever the Prophet returned from the Hajj or the Umra or a ghazwa, he would say Takbir thrice. Whenever he came upon a mountain path or wasteland, and then he would say, "None has the right to be worshipped but Allah, Alone Who has no partner. All the Kingdom belongs to Him and all the praises are for Him and He is Omnipotent. We are returning with repentance, worshipping, prostrating ourselves and praising our Lord. Allah fulfilled His Promise, granted victory to His slave and He Alone defeated all the clans."
Allah's Apostle and the pagans faced each other and started fighting. When Allah's Apostle returned to his camp and when the pagans returned to their camp, somebody talked about a man amongst the companions of Allah's Apostle who would follow and kill with his sword any pagan going alone. He said, "Nobody did his job (i.e. fighting) so properly today as that man." Allah's Apostle said, "Indeed, he is amongst the people of the (Hell) Fire." A man amongst the people said, "I shall accompany him (to watch what he does)" Thus he accompanied him, and wherever he stood, he would stand with him, and wherever he ran, he would run with him.
Then the (brave) man got wounded seriously and he decided to bring about his death quickly. He planted the blade of the sword in the ground directing its sharp end towards his chest between his two breasts. Then he leaned on the sword and killed himself. The other man came to Allah's Apostle and said, "I testify that you are Allah's Apostle." The Prophet asked, "What has happened?" He replied, "(It is about) the man whom you had described as one of the people of the (Hell) Fire. The people were greatly surprised at what you said, and I said, 'I will find out his reality for you.' So, I came out seeking him. He got severely wounded, and hastened to die by slanting the blade of his sword in the ground directing its sharp end towards his chest between his two breasts. Then he eased on his sword and killed himself." when Allah's Apostle said, "A man may seem to the people as if he were practicing the deeds of the people of Paradise while in fact he is from the people of the Hell Fire, another may seem to the people as if he were practicing the deeds of the people of Hell (Fire), while in fact he is from the people of Paradise."
A man asked Al-Bara "O Abu Umara! Did you flee on the day (of the battle) of Hunain?" Al-Bara replied while I was listening, "As for Allah's Apostle he did not flee on that day. Abu Sufyan bin Al-Harith was holding the reins of his mule and when the pagans attacked him, he dismounted and started saying, 'I am the Prophet, and there is no lie about it; I am the son of Abdul Muttalib. On that day nobody was seen braver than the Prophet.' "
Sad used to teach his sons the following words as a teacher teaches his students the skill of writing and used to say that Allah's Apostle used to seek refuge with Allah from them (i.e. the evils) at the end of every prayer. The words are:
'O Allah! I seek refuge with You from cowardice, and seek refuge with You from being brought back to a bad stage of old life and seek refuge with You from the afflictions of the world, and seek refuge with You from the punishments in the grave.'
The Prophet used to say, "O Allah! I seek refuge with You from helplessness, laziness, cowardice and feeble old age; I seek refuge with You from afflictions of life and death and seek refuge with You from the punishment in the grave."
Once Sad (bin Abi Waqqas) thought that he was superior to those who were below him in rank. On that the Prophet said, "You gain no victory or livelihood except through (the blessings and invocations of) the poor amongst you."
The Prophet said, "A time will come when groups of people will go for Jihad and it will be asked, 'Is there anyone amongst you who has enjoyed the company of the Prophet?' The answer will be, 'Yes.' Then they will be given victory (by Allah) (because of him). Then a time will come when it will be asked, 'Is there anyone amongst you who has enjoyed the company of the companions of the Prophet?' It will be said, 'Yes,' and they will be given victory (by Allah). Then a time will come when it will be said,. 'Is there anyone amongst you who has enjoyed the company of the companions of the companions of the Prophet?' It will be said, 'Yes,' and they will be given victory (by Allah)."
I was in the company of Jabir bin Abdullah on a journey and he used to serve me though he was older than I. Jarir said, "I saw the Ansar doing a thing (i.e. showing great reverence to the Prophet) for which I have vowed that whenever I meet any of them, I will serve him."
I went along with the Prophet to Khaibar so as to serve him. (Later on) when the Prophet returned he, on seeing the Uhud mountain, said, "This is a mountain that loves us and is loved by us." Then he pointed to Medina with his hand saying, "O Allah! I make the area which is in between Medina's two mountains a sanctuary, as Abraham made Mecca a sanctuary. O Allah! Bless us in our Sa and Mudd (i.e. units of measuring)."
We were with the Prophet (on a journey) and the only shade one could have was the shade made by one's own garment. Those who fasted did not do any work and those who did not fast served the camels and brought the water on them and treated the sick and (wounded). So, the Prophet said, "Today, those who were not fasting took (all) the reward."
The Prophet said to Abu Talha, "Choose one of your boy servants to serve me in my expedition to Khaibar." So, Abu Talha took me letting me ride behind him while I was a boy nearing the age of puberty. I used to serve Allah's Apostle when he stopped to rest. I heard him saying repeatedly, "O Allah! I seek refuge with You from distress and sorrow, from helplessness and laziness, from miserliness and cowardice, from being heavily in debt and from being overcome by men." Then we reached Khaibar; and when Allah enabled him to conquer the Fort (of Khaibar), the beauty of Safiya bint Huyai bin Akhtab was described to him. Her husband had been killed while she was a bride. So Allah's Apostle selected her for himself and took her along with him till we reached a place called Sad-AsSahba, where her menses were over and he took her for his wife. Haris (a kind of dish) was served on a small leather sheet. Then Allah's Apostle told me to call those who were around me. So, that was the marriage banquet of Allah's Apostle and Safiya. Then we left for Medina. I saw Allah's Apostle folding a cloak round the hump of the camel so as to make a wide space for Safiya (to sit on behind him) He sat beside his camel letting his knees for Safiya to put her feet on so as to mount the camel. Then, we proceeded till we approached Medina; he looked at Uhud (mountain) and said, "This is a mountain which loves us and is loved by us." Then he looked at Medina and said, "O Allah! I make the area between its (i.e. Medina's) two mountains a sanctuary as Abraham made Mecca a sanctuary. O Allah! Bless them (i.e. the people of Medina) in their Mudd and Sa (i.e. measures)."
The Prophet offered a four-Rak'at Zuhr prayer at Medina and then offered a two Rak'at 'Asr prayer at Dhul-Hulaifa and I heard the companions of the Prophet reciting Talbiya aloud (for Hajj and Umra) altogether.
We set out in the company of Allah's Apostle five days before the end of Dhul Qa'da intending to perform Hajj only. When we approached Mecca Allah's Apostle ordered those who did not have the Hadi (i.e. an animal for sacrifice) with them, to perform the Tawaf around the Ka'ba, and between Safa and Marwa and then finish their Ihram. Beef was brought to us on the day of (i.e. the days of slaughtering) and I asked, "What is this?" Somebody said, Allah's Apostle has slaughtered (a cow) on behalf of his wives."
I went out of Medina towards Al-Ghaba. When I reached the mountain path of Al-Ghaba, a slave of Abdur-Rahman bin Auf met me. I said to him, "Woe to you! What brought you here?" He replied, "The she-camels of the Prophet have been taken away." I said, "Who took them?" He said, "Ghatafan and Fazara." So, I sent three cries, "O Sabahah! O Sabahah !" so loudly that made the people in between its (i.e. Medina's) two mountains hear me. Then I rushed till I met them after they had taken the camels away. I started throwing arrows at them saying, "I am the son of Al-Akwa, and today perish the mean people!" So, I saved the she-camels from them before they (i.e. the robbers) could drink water. When I returned driving the camels, the Prophet met me, I said, "O Allah's Apostle! Those people are thirsty and I have prevented them from drinking water, so send some people to chase them." The Prophet said, "O son of Al-Akwa', you have gained power (over your enemy), so forgive (them). (Besides) those people are now being entertained by their folk."
My grandfather, Rafi said, "We were in the company of the Prophet at DhulHulaifa, and the people suffered from hunger. We got some camels and sheep (as booty) and the Prophet was still behind the people. They hurried and put the cooking pots on the fire. (When he came) he ordered that the cooking pots should be upset and then he distributed the booty (amongst the people) regarding ten sheep as equal to one camel then a camel fled and the people chased it till they got tired, as they had a few horses (for chasing it). So a man threw an arrow at it and caused it to stop (with Allah's permission). On that the Prophet said, 'Some of these animals behave like wild beasts, so, if any animal flee from you, deal with it in the same way.' " My grandfather asked (the Prophet ), "We hope (or are afraid) that we may meet the enemy tomorrow and we have no knives. Can we slaughter our animals with canes?" Allah's Apostle replied, "If the instrument used for killing causes the animal to bleed profusely and if Allah's Name is mentioned on killing it, then eat its meat (i.e. it is lawful) but don't use a tooth or a nail and I am telling you the reason: A tooth is a bone (and slaughtering with a bone is forbidden ), and a nail is the slaughtering instrument of the Ethiopians."
That he was in the company of Allah's Apostle and when they had covered a portion of the road to Mecca, he and some of the companions lagged behind. The latter were in a state of Ihram, while he was not. He saw an onager and rode his horse and requested his companions to give him his lash but they refused. Then he asked them to give him his spear but they refused, so he took it himself, attacked the onager, and killed it. Some of the companions of the Prophet ate of it while some others refused to eat. When they caught up with Allah's Apostle they asked him about that, and he said, "That was a meal Allah fed you with." (It is also said that Allah's Apostle asked, "Have you got something of its meat?")
The Prophet said, "Whoever spends two things in Allah's cause, will be called by all the gate-keepers of Paradise who will be saying, 'O so-and-so! Come here.' " Abu Bakr said, "O Allah's Apostle! Such persons will never be destroyed." The Prophet said, "I hope you will be one of them."
Allah's Apostle ascended the pulpit and said, "Nothing worries me as to what will happen to you after me, except the temptation of worldly blessings which will be conferred on you." Then he mentioned the worldly pleasures. He started with the one (i.e. the blessings) and took up the other (i.e. the pleasures). A man got up saying, "O Allah's Apostle! Can the good bring about evil?" The Prophet remained silent and we thought that he was being inspired divinely, so all the people kept silent with awe. Then the Prophet wiped the sweat off his face and asked, "Where is the present questioner?" "Do you think wealth is good?" he repeated thrice, adding, "No doubt, good produces nothing but good. Indeed it is like what grows on the banks of a stream which either kills or nearly kills the grazing animals because of gluttony except the vegetation-eating animal which eats till both its flanks are full (i.e. till it gets satisfied) and then stands in the sun and defecates and urinates and again starts grazing. This worldly property is sweet vegetation. How excellent the wealth of the Muslim is, if it is collected through legal means and is spent in Allah's cause and on orphans, poor people and travelers. But he who does not take it legally is like an eater who is never satisfied and his wealth will be a witness against him on the Day of Resurrection."
Umar saw a silken cloak being sold in the market and he brought it to Allah's Apostle and said, "O Allah's Apostle! Buy this cloak and adorn yourself with it on the Id festivals and on meeting the delegations." Allah's Apostle replied, "This is the dress for the one who will have no share in the Hereafter (or, this is worn by one who will have no share in the Hereafter)." After some time had passed, Allah's Apostle sent a silken cloak to Umar. Umar took it and brought it to Allah's Apostle and said, "O Allah's Apostle! You have said that this is the dress of that who will have no share in the Hereafter (or, this is worn by one who will have no share in the Hereafter), yet you have sent me this!" The Prophet said, "I have sent it so that you may sell it or fulfill with it some of your needs."
Whenever the Prophet conquered some people, he would stay in their town for three days.
Yahya related to me from Malik from Abd ar-Rahman ibn Said from Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him and grant him peace, came back from Hunayn heading for al-Jiirrana, the people crowded around so much to question him that his she-camel backed into a tree, which became entangled in his cloak and pulled it off his back. The Messenger of Allah, may Allah bless him and grant him peace, said, "Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils. By He in whose hand my self is! Had Allah given you spoils equal to the number of acacia trees on the plain of Tihama, I would have distributed it among you. You will not find me to be miserly, cowardly, or a liar." Then the Messenger of Allah, may Allah bless him and grant him peace, got down and stood among the people, and said, "Hand over even the needle and thread, for stealing from the spoils is disgrace, fire, ignominy on the Day of Rising for people who do it." Then he took a bit of camel fluff or something from the ground and said, "By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one fifth, and the tax of one fifth is returned to you."
Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani said, "A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "Your companion stole from the spoils taken in the way of Allah." Zayd said, "So we opened up his baggage and found some Jews' beads worth about two dirhams."
Yahya related to me from Malik from Yahya ibn Said from Abdullah ibn al-Mughira ibn Abi Burda al-Kinani that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, came to the people in their tribes and made dua for them, but left out one of the tribes. Abdullah related, "The tribe found an onyx necklace in the saddle-bags of one of their men. The Messenger of Allah, may Allah bless him and grant him peace, came to them, and then did the takbir over them as one does the takbir over the dead."
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the yearof Khaybar. We did not capture any gold or silver except for personal effects, clothes, and baggage. Rifaa ibn Zayd presented a black slave boy to the Messenger of Allah, may Allah bless him and grant him peace, whose name was Midam. The Messenger of Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura, and when he arrived there, Midam was unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace, when a stray arrow struck and killed him. The people said, 'Good luck to him! The Garden!' The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap or two sandal-straps to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'A sandal-strap or two sandal-straps of fire!' "
Yahya related to me from Malik from Yahya ibn Said that he had heard that Abdullah ibn Abbas said, "Stealing from the spoils does not appear in a people but that terror is cast into their hearts. Fornication does not spread in a people but that there is much death among them. A people do not lessen the measure and weight but that provision is cut off from them. A people do not judge without right but that blood spreads among them. A people do not betray the pledge but that Allah gives their enemies power over them."
The Prophet got up amongst us and mentioned Al Ghulul, emphasized its magnitude and declared that it was a great sin saying, "Don't commit Ghulul for I should not like to see anyone amongst you on the Day of Ressurection, carrying over his neck a sheep that will be bleating, or carrying over his neck a horse that will be neighing. Such a man will be saying: 'O Allah's Apostle! Intercede with Allah for me,' and I will reply, 'I can't help you, for I have conveyed Allah's Message to you.' Nor should I like to see a man carrying over his neck, a camel that will be grunting. Such a man will say, 'O Allah's Apostle! Intercede with Allah for me,' and I will say, 'I can't help you for I have conveyed Allah's Message to you,' or one carrying over his neck gold and silver and saying, 'O Allah's Apostle! Intercede with Allah for me,' and I will say, 'I can't help you for I have conveyed Allah's Message to you,' or one carrying clothes that will be fluttering, and the man will say, 'O Allah's Apostle! Intercede with Allah for me.' And I will say, 'I can't help you, for I have conveyed Allah's Message to you.' "
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said "Someone who does jihad in the way of Allah is like someone who fasts and prays constantly and who does not slacken from his prayer and fasting until he returns."
Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah guarantees either the Garden or a safe return to his home with whatever he has obtained of reward or booty, for the one who does jihad in His way, if it is solely jihad and trust in his promise that brings him out of his house."
Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, a protection for another, a burden for another. The one who has them as a reward is the one who dedicates them for use in the way of Allah, and tethers them in a meadow or grassland. Whatever the horse enjoys of the grassland or meadow in the length of its tether are good deeds for him. If it breaks its tether and goes over a hillock or two, its tracks and droppings are good deeds for him. If it crosses a river and drinks from it while he did not mean to allow it to drink it, that counts as good deeds for him, and the horse is a reward for him.
Another man uses his horse to gain self reliance and up-standingness and does not forget Allah's right on their necks and backs (i.e. he does not ill treat or over-work them). Horses are a protection for him .
Another man uses them out of pride to show them off and in hostility to the people of Islam. They are a burden on that man."
The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys, and he said, "Nothing has been revealed to me about them except this single all-inclusive ayat, 'Whoever does an atom of good will see it, and whoever does an atom of evil, will see it.' " (Sura 99 Ayats 7,8) .
Yahya related to me from Abdullah ibn Abd ar-Rahman ibn Mamar al-Ansari that Ata ibn Yasar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I tell you who has the best degree among people? A man who takes the rein of his horse to do jihad in the way of Allah. Shall I tell you who has the best degree among people after him? A man who lives alone with a few sheep, performs the prayer, pays the zakat, and worships Allah without associating anything with him."
Yahya related to me from Malik that Yahya ibn Said said, ''Ubada ibn al-Walid ibn Ubada ibn as-Samit informed me from his father that his grandfather (Ubada) said, 'We made a contract with the Messenger of Allah, may Allah bless him and grant him peace, to hear and obey in ease and hardship, enthusiasm and reluctance, and not to dispute with people in authority and to speak or establish the truth wherever we were without worrying about criticism.'"
Yahya related to me from Malik that Zayd ibn Aslam had said that Ubayda ibn al-Jarrah had written to Umar ibn al-Khattab mentioning to him a great array of Byzantine troops and the anxiety they were causing him. Umar ibn al-Khattab wrote in reply to him, "Whatever hardship befalls a believing slave, Allah will make an opening for him after it, and a hardship will not overcome two eases. Allah the Exalted says in His Book, 'O you who trust, be patient, and vie in patience; be steadfast and fear Allah, perhaps you will profit.' " (Sura 3 ayat 200).
Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik had said that when the Messenger of Allah, may Allah bless him and grant him peace, went to Quba, he visited Umm Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn as-Samit. One day the Messenger of Allah, may Allah bless him and grant him peace, had called on her and she had fed him, and sat down to delouse his hair. The Messenger of Allah, may Allah bless him and grant him peace, had dozed and woke up smiling. Umm Haram said, "What is making you smile, Messenger of Allah?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were riding in the middle of the sea, kings on thrones, or like kings on thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask Allah to put me among them!" So he had made a dua for her, and put his head down and slept. Then he had woken up smiling, and she said to him, "Messenger of Allah, why are you smiling?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were kings on thrones or like kings on thrones," as he had said in the first one. She said, "O Messenger of Allah! Ask Allah to put me among them!" He said, "You are among the first."
Ishaq added, "She travelled on the sea in the time of Muawiya, and when she landed, she was thrown from her mount and killed."
Yahya related to me from Malik from Yahya ibn Said from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Had I not been concerned for my community, I would have liked never to stay behind a raiding party going out in the way of Allah. However, I do not find the means to carry them to it, nor do they find anything on which to ride out and it is grievous for them that they should stay behind me. I would like to fight in the way of Allah and be killed, then brought to life so I could be killed and then brought to life so I could be killed."
Yahya related to me from Malik that Yahya ibn Said said, "On the Day of Uhud, The Messenger of Allah, may Allah bless him and grant him peace, said, 'Who will bring me news of Sad ibn al-Rabi al-Ansari?' a man said, 'Me, Messenger of Allah!' So the man went around among the slain, and Sad ibn al-Rabi said to him, 'What are you doing?' The man said to him, 'The Messenger of Allah, may Allah bless him and grant him peace, sent me to bring him news of you.' He said, 'Go to him, and give him my greetings, and tell him that I have been stabbed twelve times, and am mortally wounded. Tell your people that they will have no excuse with Allah if the Messenger of Allah, may Allah bless him and grant him peace, is slain while one of them is still alive.' "
Yahya related to me from Malik from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, stimulated people for jihad and mentioned the Garden. One of the Ansar was eating some dates in his hand, and said, "Am I so desirous of this world that I should sit until I finish them?" He threw aside what was in his hand and took his sword, and fought until he was slain .
Yahya related to me from Malik from Yahya ibn Said that Muadh ibn Jabal said, "There are two military expeditions. There is one military expedition in which valuables are spent, the contributor is willing, the authorities are obeyed, and corruption is avoided. That military expedition is all good. There is a military expedition in which valuables are not spent, the contributor is not willing, the authorities are not obeyed, and corruption is not avoided. The one who fights in that military expedition does not return with reward."
The Prophet was the best and the bravest amongst the people. Once the people of Medina got terrified at night, so they went in the direction of the noise (that terrified them). The Prophet met them (on his way back) after he had found out the truth. He was riding an unsaddled horse belonging to Abu Talha and a sword was hanging by his neck, and he was saying, "Don't be afraid! Don't be afraid!" He further said, "I found it (i.e. the horse) very fast," or said, "This horse is very fast." (Qastala-ni)
Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idol worshippers who had got the better of one of the Muslims, so I circled round and came up behind him, and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."
He continued, "I met Umar ibn al-Khattab and said to him, 'What's going on with the people?' He replied, 'The Command of Allah.' Then the people took hold of the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight for Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was my first property, and I acquired it in Islam."
Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."
Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."
Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."
3
The people of the tribes of Ril, Dhakwan, Usiya and Bani Lihyan came to the Prophet and claimed that they had embraced Islam, and they requested him to support them with some men to fight their own people. The Prophet supported them with seventy men from the Ansar whom we used to call Al- (i.e. scholars) who (out of piety) used to cut wood during the day and pray all the night. So, those people took the (seventy) men till they reached a place called Bi'r-Ma'ana where they betrayed and martyred them. So, the Prophet invoked evil on the tribe of Ril, Dhakwan and Bani Lihyan for one month in the prayer.
Narrated Qatada: Anas told us that they (i.e. Muslims) used to recite a Qur'anic verse concerning those martyrs which was: "O Allah! Let our people be informed on our behalf that we have met our Lord Who has got pleased with us and made us pleased." Then the verse was cancelled.
When Allah's Apostle returned on the day (of the battle) of Al-Khandaq (i.e. Trench), he put down his arms and took a bath. Then Gabriel whose head was covered with dust, came to him saying, "You have put down your arms! By Allah, I have not put down my arms yet." Allah's Apostle said, "Where (to go now)?" Gabriel said, "This way," pointing towards the tribe of Bani Quraiza. So Allah's Apostle went out towards them .
When we reached (Hudaibiya) in the next year (of the treaty of Hudaibiya), not even two men amongst us agreed unanimously as to which was the tree under which we had given the pledge of allegiance, and that was out of Allah's Mercy. (The sub-narrator asked Naf'i, "For what did the Prophet take their pledge of allegiance, was it for death?" Naf'i replied "No, but he took their pledge of allegiance for patience.")
That in the time (of the battle) of Al-Harra a person came to him and said, "Ibn Hanzala is taking the pledge of allegiance from the people for death." He said, "I will never give a pledge of allegiance for such a thing to anyone after Allah's Apostle."
Salama said, "I gave the pledge of allegiance (Al-Ridwan) to Allah's Apostle and then I moved to the shade of a tree. When the number of people around the Prophet diminished, he said, O Ibn Al-Akwa! Will you not give to me the pledge of allegiance?' I replied, 'O Allah's Apostle! I have already given to you the pledge of allegiance.' He said, 'Do it again.' So I gave the pledge of allegiance for the second time." I asked 'O Abu Muslim! For what did you give he pledge of allegiance on that day?" He replied, "We gave the pledge of allegiance for death."
On the day (of the battle) of the Trench, the Ansar were saying, "We are those who have sworn allegiance to Muhammad for Jihad (for ever) as long as we live." The Prophet replied to them, "O Allah! There is no life except the life of the Hereafter. So honor the Ansar and emigrants with Your generosity."
And narrated Mujashi: My brother and I came to the Prophet and I requested him to take the pledge of allegiance from us for migration. He said, "Migration has passed away with its people." I asked, "For what will you take the pledge of allegiance from us then?" He said, "I will take (the pledge) for Islam and Jihad."
Jabir bin Abdullah said, "When Allah's Apostle arrived at Medina, he slaughtered a camel or a cow." Jabir added, "The Prophet bought a camel from me for two Uqiyas (of gold) and one or two Dirhams. When he reached Sirar, he ordered that a cow be slaughtered and they ate its meat. When he arrived at Medina, he ordered me to go to the mosque and offer two Rakat, and weighed (and gave) me the price of the camel."
Once I returned from a journey and the Prophet said (to me) "Offer two Rakat." (Sirar is a place near Medina).
Allah's Apostle delivered a sermon and said, "Zaid received the flag and was martyred, then Ja'far took it and was martyred, then Abdullah bin Rawaha took it and was martyred, and then Khalid bin Al-Walid took it without being appointed, and Allah gave him victory." The Prophet added, "I am not pleased (or they will not be pleased) that they should remain (alive) with us," while his eyes were shedding tears.
A man came to the Prophet asking his permission to take part in Jihad. The Prophet asked him, "Are your parents alive?" He replied in the affirmative. The Prophet said to him, "Then exert yourself in their service."
The Prophet said, "Who is ready to kill Ka'b bin Al-Ashraf who has really hurt Allah and His Apostle?" Muhammad bin Maslama said, "O Allah's Apostle! Do you like me to kill him?" He replied in the affirmative. So, Muhammad bin Maslama went to him (i.e. Ka'b) and said, "This person (i.e. the Prophet) has put us to task and asked us for charity." Ka'b replied, "By Allah, you will get tired of him." Muhammad said to him, "We have followed him, so we dislike to leave him till we see the end of his affair." Muhammad bin Maslama went on talking to him in this way till he got the chance to kill him.
The Prophet, while in a tent (on the day of the battle of Badr) said, "O Allah! I ask you the fulfillment of Your Covenant and Promise. O Allah! If You wish (to destroy the believers) You will never be worshipped after today." Abu Bakr caught him by the hand and said, "This is sufficient, O Allah's Apostle! You have asked Allah pressingly." The Prophet was clad in his armor at that time. He went out, saying to me: "There multitude will be put to flight and they will show their backs. Nay, but the Hour is their appointed time (for their full recompense) and that Hour will be more grievous and more bitter (than their worldly failure)." (54.45-46) Khalid said that was on the day of the battle of Badr.
Allah's Apostle died while his (iron) armor was mortgaged to a Jew for thirty Sas of barley.
The Prophet said, "The example of a miser and the one who gives in charity, is like the example of two men wearing iron cloaks so tightly that their arms are raised forcibly towards their collar-bones. So, whenever a charitable person wants to give in charity, his cloak spreads over his body so much so that it wipes out his traces, but whenever the miser wants to give in charity, the rings (of the iron cloak) come closer to each other and press over his body, and his hands gets connected to his collar-bones. Abu Huraira heard the Prophet saying. "The miser then tries to widen it but in vain."
Some people conquered many countries and their swords were decorated neither with gold nor silver, but they were decorated with leather, lead and iron.
The emigrants and the Ansar started digging the trench around Medina carrying the earth on their backs and saying, "We are those who have given a pledge of allegiance to Muhammad that we will carry on Jihad as long as we live." The Prophet kept on replying, "O Allah, there is no good except the good of the Hereafter; so confer Your Blessings on the Ansar and the Eemigrants."
The Prophet went on carrying (i.e. the earth) and saying, "Without You (O Allah!) we would have got no guidance."
On the day (of the battle) of Al-Ahzab (i.e. clans) I saw the Prophet carrying earth, and the earth was covering the whiteness of his abdomen. And he was saying, "Without You (O Allah!) we would have got no guidance, nor given in charity, nor prayed. So please bless us with tranquility and make firm our feet when we meet our enemies.
Indeed (these) people have rebelled against (oppressed) us but never shall we yield if they try to bring affliction upon us."
"Allah's Apostle arranged a horse race amongst the horses that had been made lean, letting them start from Al-Hafya' and their limit (distance of running) was up to Thaniyat-al-Wada'. I asked Musa, 'What was the distance between the two places?' Musa replied, 'Six or seven miles. He arranged a race of the horses which had not been made lean sending them from Thaniyat-al-Wada', and their limit was up to the mosque of Bani Zuraiq.' I asked, 'What was the distance between those two places?' He replied 'One mile or so.' Ibn 'Umar was amongst those who participated in that horse race."
I heard the Prophet saying. "Evil omen is in three things: The horse, the woman and the house."
Allah's Apostle said "If there is any evil omen in anything, then it is in the woman, the horse and the house."
When Qais bin Sad Al-Ansari, who used to carry the flag of the Prophet, intended to perform Hajj, he combed his hair.
Ali remained behind the Prophet during the battle of Khaibar as he was suffering from some eye trouble but then he said, "How should I stay behind Allah's Apostle?" So, he set out till he joined the Prophet. On the eve of the day of the conquest of Khaibar, Allah's Apostle said, "(No doubt) I will give the flag or, tomorrow, a man whom Allah and His Apostle love or who loves Allah and His apostle will take the flag. Allah will bestow victory upon him." Suddenly Ali joined us though we were not expecting him. The people said, "Here is Ali." So, Allah's Apostle gave the flag to him and Allah bestowed victory upon him.
I heard Al Abbas telling Az-Zubair, "The Prophet ordered you to fix the flag here."
Ali remained behind the Prophet during the battle of Khaibar as he was suffering from some eye trouble but then he said, "How should I stay behind Allah's Apostle?" So, he set out till he joined the Prophet. On the eve of the day of the conquest of Khaibar, Allah's Apostle said, "(No doubt) I will give the flag or, tomorrow, a man whom Allah and His Apostle love or who loves Allah and His apostle will take the flag. Allah will bestow victory upon him." Suddenly Ali joined us though we were not expecting him. The people said, "Here is Ali." So, Allah's Apostle gave the flag to him and Allah bestowed victory upon him.
I heard Al Abbas telling Az-Zubair, "The Prophet ordered you to fix the flag here."
Allah's Apostle said, "Good will remain (as a permanent quality) in the foreheads of horses till the Day of Resurrection."
The Prophet said, "Good will remain (as a permanent quality) in the foreheads of horses till the Day of Resurrection."
And narrated Anas bin Malik: Allah's Apostle said, "There is a blessing in the foreheads of horses."
The Prophet said, "Whoever believes in Allah and His Apostle, offers prayer perfectly and fasts the month of Ramadan, will rightfully be granted Paradise by Allah, no matter whether he fights in Allah's cause or remains in the land where he is born." The people said, "O Allah's Apostle! Shall we acquaint the people with this good news?" He said, "Paradise has one-hundred grades which Allah has reserved for the mujahidin who fight in His cause, and the distance between each of two grades is like the distance between the Heaven and the earth. So, when you ask Allah (for something), ask for Al-Firdaus which is the best and highest part of Paradise." (i.e., The sub-narrator added, "I think the Prophet also said, 'Above it (i.e. Al-Firdaus) is the Throne of Beneficent (i.e. Allah), and from it originate the rivers of Paradise.")
The Prophet said, "Last night two men came to me (in a dream) and made me ascend a tree and then admitted me into a better and superior house, better of which I have never seen. One of them said, 'This house is the house of martyrs.' "
The Prophet said, "Nobody who dies and finds good from Allah (in the Hereafter) would wish to come back to this world even if he were given the whole world and whatever is in it, except the martyr who, on seeing the superiority of martyrdom, would like to come back to the world and get killed again (in Allah's cause)."
Narrated Anas: The Prophet said, "A single endeavor (of fighting) in Allah's cause in the afternoon or in the forenoon is better than all the world and whatever is in it. A place in Paradise as small as the bow or lash of one of you is better than all the world and whatever is in it. And if a houri from Paradise appeared to the people of the earth, she would fill the space between Heaven and the Earth with light and pleasant scent and her head cover is better than the world and whatever is in it."
Today a man came to me and asked me a question which I did not know how to answer. He said, "Tell me, if a wealthy active man, well-equipped with arms, goes out on military expeditions with our chiefs, and orders us to do such things as we cannot do (should we obey him?)" I replied, "By Allah, I do not know what to reply you, except that we, were in the company of the Prophet and he used to order us to do a thing once only till we finished it. And no doubt, everyone among you will remain in a good state as long as he obeys Allah. If one is in doubt as to the legality of something, he should ask somebody who would satisfy him, but soon will come a time when you will not find such a man. By Him, except Whom none has the right to be worshipped, I see that the example of what has passed of this life (to what remains thereof) is like a pond whose fresh water has been used up and nothing remains but muddy water."
That heard Allah's Apostle saying, "We are the last but will be the foremost to enter Paradise." The Prophet added, "He who obeys me, obeys Allah, and he who disobeys me, disobeys Allah. He who obeys the chief, obeys me, and he who disobeys the chief, disobeys me. The Imam is like a shelter for whose safety the Muslims should fight and where they should seek protection. If the Imam orders people with righteousness and rules justly, then he will be rewarded for that, and if he does the opposite, he will be responsible for that."
Once there was a feeling of fright at Medina, so Allah's Apostle rode a horse belonging to Abu Talha and (on his return) he said, "We have not seen anything (fearful), but we found this horse very fast."
When the Prophet intended to write a letter to the ruler of the Byzantines, he was told that those people did not read any letter unless it was stamped with a seal. So, the Prophet got a silver ring--as if I were just looking at its white glitter on his hand--and stamped on it the expression "Muhammad, Apostle of Allah".
Allah's Apostle sent his letter to Khusrau and ordered his messenger to hand it over to the Governor of Bahrain who was to hand it over to Khusrau. So, when Khusrau read the letter he tore it. Said bin Al-Musaiyab said, "The Prophet then invoked Allah to disperse them with full dispersion, (destroy them (i.e. Khusrau and his followers) severely)".
Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, "Seek for me any one of his people (Arabs of Quraish tribe), if present here, in order to ask him about Allah's Apostle." At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish.
Abu Sufyan said, "Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator, 'Ask them who amongst them is a close relation to the man who claims to be a prophet.' " Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately.' " Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth.
He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Has anybody else amongst you ever claimed the same before him?' I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed?' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' They are increasing.' He said, 'Does anybody amongst those who embrace his (the Prophet's) religion become displeased and then discard his religion?' I replied, 'No.' He said, 'Does he break his promises? I replied, 'No, but we are now at truce with him and we are afraid that he may betray us.' " Abu Sufyan added, "Other than the last sentence, I could not say anything against him. Caesar then asked, 'Have you ever had a war with him?' I replied, 'Yes.' He said, 'What was the outcome of your battles with him?' I replied, 'The result was unstable; sometimes he was victorious and sometimes we.' He said, 'What does he order you to do?' I said, 'He tells us to worship Allah alone, and not to worship others along with Him, and to leave all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep promises and return what is entrusted to us.'
When I had said that, Caesar said to his translator, 'Say to him: I ask you about his lineage and your reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following a claim that had been said before him. When I asked you whether he was ever blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any 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. When I asked you whether the rich or the poor people followed him, you replied that it was the poor who followed him. In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is complete (in all respects). I asked you whether there was anybody who, after embracing his religion, became displeased and discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you whether he had ever broken his promise. You replied in the negative. And such are the apostles; they never break their promises. When I asked you whether you fought with him and he fought with you, you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the apostles; they are put to trials and the final victory is always theirs. Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you. These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear, but I did not know that he would be from amongst you. If what you say should be true, he will very soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go immediately to meet him; and were I with him, then I would certainly wash his feet.' " Abu Sufyan added, "Caesar then asked for the letter of Allah's Apostle and it was read. Its contents were:
"In the name of Allah, the most Beneficent, the most Merciful. (This letter is) from Muhammad, the slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this invitation of Islam, you shall be responsible for misguiding the peasants (i.e. your nation). O people of the Scriptures! Come to a word common to us and you, 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 besides Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto Him)..(3.64)
Abu Sufyan added, "When Heraclius had finished his speech, there was a great hue and cry caused by the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what they said. So, we were turned out of the court. When I went out with my companions and we were alone, I said to them, 'Verily, Ibn Abi Kabsha's (i.e. the Prophet's) affair has gained power. This is the King of Bani Al-Asfar fearing him.' " Abu Sufyan added, "By Allah, I remained low and was sure that his religion would be victorious till Allah converted me to Islam, though I disliked it."
That he heard the Prophet on the day (of the battle) of Khaibar saying, "I will give the flag to a person at whose hands Allah will grant victory." So, the companions of the Prophet got up, wishing eagerly to see to whom the flag will be given, and everyone of them wished to be given the flag. But the Prophet asked for Ali. Someone informed him that he was suffering from eye-trouble. So, he ordered them to bring Ali in front of him. Then the Prophet spat in his eyes and his eyes were cured immediately as if he had never any eye-trouble. Ali said, "We will fight with them (i.e. infidels) till they become like us (i.e. Muslims)." The Prophet said, "Be patient, till you face them and invite them to Islam and inform them of what Allah has enjoined upon them. By Allah! If a single person embraces Islam at your hands (i.e. through you), that will be better for you than the red camels."
Whenever Allah's Apostle attacked some people, he would never attack them till it was dawn. If he heard the Adhan (i.e. call for prayer) he would delay the fight, and if he did not hear the Adhan, he would attack them immediately after dawn. We reached Khaibar at night.
as Hadith No. 193 above.
The Prophet set out for Khaibar and reached it at night. He used not to attack if he reached the people at night, till the day broke. So, when the day dawned, the Jews came out with their bags and spades. When they saw the Prophet; they said, "Muhammad and his army!" The Prophet said, "Allahu-Akbar! (Allah is Greater) and Khaibar is ruined, for whenever we approach a nation (i.e. enemy to fight) then it will be a miserable morning for those who have been warned."
Allah 's Apostle said, "I have been ordered to fight with the people till they say, 'None has the right to be worshipped but Allah,' and whoever says, 'None has the right to be worshipped but Allah,' his life and property will be saved by me except for Islamic law, and his accounts will be with Allah, (either to punish him or to forgive him.)"
the mother of the faithful believers, I requested the Prophet permit me to participate in Jihad, but he said, "Your Jihad is the performance of Hajj."
the mother of the faithful believers: The Prophet was asked by his wives about the Jihad and he replied, "The best Jihad (for you) is (the performance of) Hajj."
I saw the Prophet eating of a shoulder (of a sheep) by cutting from it and then he was called to prayer and he prayed without repeating his ablution.
as above (Hadith No. 173...) and added that the Prophet put the knife down.
Allah's Apostle came to my house while two girls were singing beside me the songs of Bu'ath (a story about the war between the two tribes of the Ansar, i.e. Khazraj and Aus, before Islam.) The Prophet reclined on the bed and turned his face to the other side. Abu Bakr came and scolded me and said protestingly, "Instrument of Satan in the presence of Allah's Apostle?" Allah's Apostle turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I waved the two girls to go away and they left. It was the day of Id when negroes used to play with leather shields and spears. Either I requested Allah's Apostle or he himself asked me whether I would like to see the display. I replied in the affirmative. Then he let me stand behind him and my cheek was touching his cheek and he was saying, "Carry on, O Bani Arfida (i.e. negroes)!" When I got tired, he asked me if that was enough. I replied in the affirmative and he told me to leave.
On the day of the conquest (of Mecca) the Prophet said, "There is no emigration after the conquest but Jihad and intentions. When you are called (by the Muslim ruler) for fighting, go forth immediately." (See Hadith No. 42)
Allah's Apostle said, " He who prepares a ghazi going in Allah's cause is given a reward equal to that of) a ghazi; and he who looks after properly the dependents of a ghazi going in Allah's cause is (given a reward equal to that of) ghazi."
The Prophet used not to enter any house in Medina except the house of Um Sulaim besides those of his wives when he was asked why, he said, "I take pity on her as her brother was killed in my company. "
(who is Abdur-Rahman bin Jabir) Allah's Apostle said," Anyone whose both feet get covered with dust in Allah's cause will not be touched by the (Hell) fire."
Allah's Apostle went to the daughter of Milhan and reclined there (and slept) and then (woke up) smiling. She asked, "O Allah's Apostle! What makes you smile?" He replied, (I dreamt that) some people amongst my followers were sailing on the green sea in Allah's cause, resembling kings on thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He said, "O Allah! Let her be one of them." Then he (slept again and woke up and) smiled. She asked him the same question and he gave the same reply. She said, "Invoke Allah to make me one of them." He replied, 'You will be amongst the first group of them; you will not be amongst the last." Later on she married Ubada bin As-Samit and then she sailed on the sea with bint Qaraza, Mu'awiya's wife (for Jihad). On her return, she mounted her riding animal, which threw her down breaking her neck, and she died on falling down.
Some Ansari men asked permission from Allah's Apostle saying, "O Allah's Apostle! Allow us not to take the ransom of our nephew Al Abbas." The Prophet replied, "Do not leave a single Dirham thereof."
(In another narration) Anas said, "Some wealth was brought to the Prophet from Bahrain. Al Abbas came to him and said, 'O Allah's Apostle! Give me (some of it), as I have paid my and Aqil's ransom.' The Prophet said, 'Take,' and gave him in his garment."
(who was among the captives of the Battle of Badr) I heard the Prophet reciting Surat-at-Tur in the Maghrib prayer.
When the Prophet put his feet in the stirrup and the she-camel got up carrying him he would start reciting Talbiya at the mosque of Dhul-Hulaifa.
Allah's Apostle said, "Five are regarded as martyrs: They are those who die because of plague, abdominal disease, drowning or a falling building etc., and the martyrs in Allah's cause."
The Prophet said, "Plague is the cause of martyrdom of every Muslim (who dies because of it)."
My father's mutilated body was brought to the Prophet and was placed in front of him. I went to uncover his face but my companions forbade me. Then mourning cries of a lady were heard, and it was said that she was either the daughter or the sister of Amr. The Prophet said, "Why is she crying?" Or said, "Do not cry, for the angels are still shading him with their wings." (Al-Bukhari asked Sadqa, a sub-narrator, "Does the narration include the expression: 'Till he was lifted?' " The latter replied, "Jabir may have said it.")
Allah's Apostle fixed two shares for the horse and one share for its rider (from the war booty).
I participated in the Ghazwa of Tabuk along with Allah's Apostle and I gave a young camel to be ridden in Jihad and that was, to me, one of my best deeds. Then I employed a laborer who quarrelled with another person. One of them bit the hand of the other and the latter drew his hand from the mouth of the former pulling out his front tooth. Then the former instituted a suit against the latter before the Prophet who rejected that suit saying, "Do you expect him to put out his hand for you to snap as a male camel snaps (vegetation)?"
Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."
Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"
The she camel of the Prophet was called Al-Adba.
The Prophet had a she camel called Al-Adba which could not be excelled in a race. (Humaid, a sub-narrator said, "Or could hardly be excelled.") Once a bedouin came riding a camel below six years of age which surpasses it (i.e. Al-Adba) in the race. The Muslims felt it so much that the Prophet noticed their distress. He then said, "It is Allah's law that He brings down whatever rises high in the world."
Abu Talha and the Prophet used to shield themselves with one shield. Abu Talha was a good archer, and when he threw (his arrows) the Prophet would look at the target of his arrows.
When the helmet of the Prophet was smashed on his head and blood covered his face and one of his front teeth got broken, Ali brought the water in his shield and Fatima (the Prophet's daughter) washed him. But when she saw that the bleeding increased more by the water, she took a mat, burnt it, and placed the ashes on the wound of the Prophet and so the blood stopped oozing out.
The properties of Bani An-Nadir which Allah had transferred to His Apostle as Fai Booty were not gained by the Muslims with their horses and camels. The properties therefore, belonged especially to Allah's Apostle who used to give his family their yearly expenditure and spend what remained thereof on arms and horses to be used in Allah's cause.
I never saw the Prophet saying, "Let my parents sacrifice their lives for you," to any man after Sad. I heard him saying (to him), "Throw (the arrows)! Let my parents sacrifice their lives for you."
I heard Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property. So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle said, "Hatib has told you the truth." Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."
The Prophet said, "Who will bring me the information about the enemy on the day (of the battle) of Al-Ahzab (i.e. Clans)?" Az-Zubair said, "I will." The Prophet said again, "Who will bring me the information about the enemy?" Az-Zubair said again, "I will." The Prophet said, "Every prophet had a disciple and my disciple is Az-Zubair."
Allah's Apostle said, "By Him in Whose Hands my soul is! Whoever is wounded in Allah's cause....and Allah knows well who gets wounded in His cause....will come on the Day of Resurrection with his wound having the color of blood but the scent of musk."
The Prophet did not leave anything behind him after his death except a white mule, his arms and a piece of land which he left to be given in charity.
that a man asked him, "O Abu Umara! Did you flee on the day (of the battle) of Hunain?" He replied, "No, by Allah, the Prophet did not flee but the hasty people fled and the people of the Tribe of Hawazin attacked them with arrows, while the Prophet was riding his white mule and Abu Sufyan bin Al-Harith was holding its reins, and the Prophet was saying, 'I am the Prophet in truth, I am the son of 'Abdul Muttalib.' "
The Prophet said, "By Him in Whose Hands my life is! Were it not for some men amongst the believers who dislike to be left behind me and whom I cannot provide with means of conveyance, I would certainly never remain behind any Sariya' (army-unit) setting out in Allah's cause. By Him in Whose Hands my life is! I would love to be martyred in Al1ah's cause and then get resurrected and then get martyred, and then get resurrected again and then get martyred and then get resurrected again and then get martyred.
The Prophet delivered a sermon and said, "Zaid took the flag and was martyred, and then Ja'far took the flag and was martyred, and then 'Abdullah bin Rawaha took the flag and was martyred too, and then Khalid bin Al-Walid took the flag though he was not appointed as a commander and Allah made him victorious." The Prophet further added, "It would not please us to have them with us." Aiyub, a sub-narrator, added, "Or the Prophet, shedding tears, said, 'It would not please them to be with us.' "
The Prophet said, "Nobody who enters Paradise likes to go back to the world even if he got everything on the earth, except a mujahid who wishes to return to the world so that he may be martyred ten times because of the dignity he receives (from Allah)."
Narrated Al-Mughira bin Shu'ba: Our Prophet told us about the message of our Lord that "Whoever amongst us is killed will go to Paradise." Umar asked the Prophet, "Is it not true that our men who are killed will go to Paradise and theirs (i.e. those of the Pagans) will go to the (Hell) fire?" The Prophet said, "Yes."
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab used to say, "O Allah! I ask you for martyrdom in Your way and death in the city of Your Messenger!"
Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab said, "The nobility of the mumin is his taqwa. His deen is his noble descent. His manliness is his good character. Boldness and cowardice are but instincts which Allah places wherever He wills. The coward shrinks from defending even his father and mother, and the bold one fights for the sake of the combat not for the spoils. Being slain is but one way of meeting death, and the martyr is the one who gives himself, expectant of reward from Allah."
Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."
Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "
Malik said about enemy soldiers who were found on the seashore of a Muslim land, and they claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that except that their ships were damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the imam to give his opinion about them, and I do not think that the tax of one fifth is taken from them."
Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."
Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."
Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."
On the day of the battle of the Trench, the Prophet wanted somebody from amongst the people to volunteer to be a reconnoitre. Az-Zubair volunteered. He demanded the same again and Az-Zubair volunteered again. Then he repeated the same demand (thrice) and Az-Zubair volunteered once more. The Prophet then said, " Every prophet has a disciple and my disciple is Az-Zubair."
from the Prophet the following Hadith (No. 242).
The Prophet said, "If the people knew what I know about traveling alone, then nobody would travel alone at night."
Once the Prophet set out in the month of Ramadan. He observed fasting till he reached a place called Kadid where he broke his fast.
Allah's Apostle forbade the people to travel to a hostile country carrying (copies of) the Qur'an.
The people asked Sahl bin Sad As-Saidi "With what thing (medicine) was the wound of Allah's Apostle treated?" He replied, "There is none left (living) amongst the people who knows it better than I. Ali used to bring water in his shield and Fatima (i.e. the Prophet's daughter) used to wash the blood off his face. Then a mat (of palm leaves) was burnt and its ash was inserted in the wound of Allah's Apostle."
Allah's Apostle rode a donkey on which there was a saddle covered by a velvet sheet and let Usama ride behind him (on the donkey).
Allah's Apostle came to Mecca through its higher region on the day of the conquest (of Mecca) riding his she-camel on which Usama was riding behind him. Bilal and Uthman bin Talha, one of the servants of the Ka'ba, were also accompanying him till he made his camel kneel in the mosque and ordered the latter to bring the key of the Ka'ba. He opened the door of the Ka'ba and Allah's Apostle entered in the company of Usama, Bilal and Uthman, and stayed in it for a long period. When he came out, the people rushed to it, and Abdullah bin Umar was the first to enter it and found Bilal standing behind the door. He asked Bilal, "Where did the Prophet offer his prayer?" He pointed to the place where he had offered his prayer. Abdullah said, "I forgot to ask him how many rakat he had performed."
I was riding behind Abu Talha (on the same) riding animal and (the Prophet's companions) were reciting Talbiya aloud for both Hajj and Umra.
On my departure from the Prophet he said to me and to a friend of mine, "You two, pronounce the Adhan and the Iqama for the prayer and let the elder of you lead the prayer."
The Prophet was vigilant one night and when he reached Medina, he said, "Would that a pious man from my companions guard me tonight!" Suddenly we heard the clatter of arms. He said, "Who is that? " He (The new comer) replied, " I am Sad bin Abi Waqqas and have come to guard you." So, the Prophet slept (that night).
The Prophet said, "Let the slave of Dinar and Dirham of Quantify and Khamisa (i.e. money and luxurious clothes) perish for he is pleased if these things are given to him, and if not, he is displeased!"
Narrated Abu Huraira: The Prophet said, "Let the slave of Dinar and Dirham, of Quantify and Khamisa perish as he is pleased if these things are given to him, and if not, he is displeased. Let such a person perish and relapse, and if he is pierced with a thorn, let him not find anyone to take it out for him. Paradise is for him who holds the reins of his horse to strive in Allah's cause, with his hair unkempt and feet covered with dust: if he is appointed in the vanguard, he is perfectly satisfied with his post of guarding, and if he is appointed in the rearward, he accepts his post with satisfaction; (he is so simple and unambiguous that) if he asks for permission he is not permitted, and if he intercedes, his intercession is not accepted."
I gave a horse to be used in Allah's cause, but later on I saw it being sold. I asked the Prophet whether I could buy it. He said, "Don't buy it and don't take back your gift of charity."
Umar gave a horse to be used in Allah's cause, but later on he found it being sold. So, he intended to buy it and asked Allah's Apostle who said, "Don't buy it and don't take back your gift of charity."
Allah's Apostle said, "Were it not for the fear that it would be difficult for my followers, I would not have remained behind any Sariya, (army-unit) but I don't have riding camels and have no other means of conveyance to carry them on, and it is hard for me that my companions should remain behind me. No doubt I wish I could fight in Allah's cause and be martyred and come to life again to be martyred and come to life once more."
The Prophet said, "Khosrau will be ruined, and there will be no Khosrau after him, and Caesar will surely be ruined and there will be no Caesar after him, and you will spend their treasures in Allah's cause." He called, "War is deceit."
Allah's Apostle called, "War is deceit."
The Prophet said, "War is deceit."
The Prophet said, "Allah wonders at those people who will enter Paradise in chains."
Allah's Apostle went out to answer the call of nature and on his return I brought some water to him. He performed the ablution while he was wearing a Sha'mi cloak. He rinsed his mouth and washed his nose by putting water in it and then blowing it out, and washed his face. Then he tried to take out his hands through his sleeves but they were tight, so he took them out from underneath, washed them and passed wet hands over his head and over his leather socks.
That he was asked about the wound of the Prophet on the day (of the battle) of Uhud. He said, "The face of the Prophet was wounded and one of his front teeth as broken and the helmet over his head was smashed. Fatima washed off the blood while Ali held water. When she saw that bleeding was increasing continuously, she burnt a mat (of date-palm leaves) till it turned into ashes which she put over the wound and thus the bleeding ceased."
The Prophet allowed Abdur-Rahman bin Auf and Az-Zubair to wear silken shirts because they had a skin disease causing itching.
As above.
Abdur Rahman bin Auf and Az-Zubair complained to the Prophet, i.e. about the lice (that caused itching) so he allowed them to wear silken clothes. I saw them wearing such clothes in a holy battle.
The Prophet allowed Abdur-Rahman bin Auf and Az-Zubair bin Al-Awwam to wear silk.
(Wearing of silk) was allowed to them (i.e. AbdurRahman and Az-Zubair) because of the itching they suffered from.
Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab in one year gave 40,000 camels as mounts. Sometimes he would give one man a camel to himself. Sometimes he would give one camel between two men to take them to Iraq. A man from Iraq came to him and said, "Give Suhaym and I a mount.''Umar ibn al-Khattab said to him,"l demand from you, by Allah!, is Suhaym a water skin?" He said, "Yes."
Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."
Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "
Malik said about enemy soldiers who were found on the seashore of a Muslim land, and they claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that except that their ships were damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the imam to give his opinion about them, and I do not think that the tax of one fifth is taken from them."
Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."
Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."
Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."
When the Prophet returned (from Jihad), he would say Takbir thrice and add, "We are returning, if Allah wishes, with repentance and worshipping and praising (our Lord) and prostrating ourselves before our Lord. Allah fulfilled His Promise and helped His slave, and He Alone defeated the (infidel) clans."
We were in the company of the Prophet while returning from Usfan, and Allah's Apostle was riding his she-camel keeping Safiya bint Huyay riding behind him. His she-camel slipped and both of them fell down. Abu Talha jumped from his camel and said, "O Allah's Apostle! May Allah sacrifice me for you." The Prophet said, "Take care of the lady." So, Abu Talha covered his face with a garment and went to Safiya and covered her with it, and then he set right the condition of their she camel so that both of them rode, and we were encircling Allah's Apostle like a cover. When we approached Medina, the Prophet said, "We are returning with repentance and worshipping and praising our Lord." He kept on saying this till he entered Medina.
That he and Abu Talha came in the company of the Prophet and Safiya was accompanying the Prophet, who let her ride behind him on his she-camel. During the journey, the she-camel slipped and both the Prophet and (his) wife fell down. Abu Talha (the sub-narrator thinks that Anas said that Abu Talha jumped from his camel quickly) said, "O Allah's Apostle! May Allah sacrifice me for your sake! Did you get hurt?" The Prophet replied,"No, but take care of the lady." Abu Talha covered his face with his garment and proceeded towards her and covered her with his garment, and she got up. He then set right the condition of their she-camel and both of them (i.e. the Prophet and his wife) rode and proceeded till they approached Medina. The Prophet said, "We are returning with repentance and worshipping and praising our Lord." The Prophet kept on saying this statement till he entered Medina.
We used to take part in holy battles with the Prophet by providing the people with water and serving them and bringing the killed and the wounded back to Medina.
Umar bin Al-Khattab distributed some garments amongst the women of Medina. One good garment remained, and one of those present with him said, "O chief of the believers! Give this garment to your wife, the (grand) daughter of Allah's Apostle." They meant Um Kulthum, the daughter of Ali. Umar said, "Um Salit has more right (to have it)." Um Salit was amongst those Ansari women who had given the pledge of allegiance to Allah's Apostle. Umar said, "She (i.e. Um Salit) used to carry the water skins for us on the day of Uhud."
We were in the company of the Prophet providing the wounded with water and treating them and bringing the killed to Medina (from the battle field).
On the day (of the battle) of Uhad when (some) people retreated and left the Prophet, I saw Aisha bint Abu Bakr and Um Sulaim, with their robes tucked up so that the bangles around their ankles were visible hurrying with their water skins (in another narration it is said, "carrying the water skins on their backs"). Then they would pour the water in the mouths of the people, and return to fill the water skins again and came back again to pour water in the mouths of the people.
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father from Abdullah ibn Amr ibn Uthman from Abu Amra al-Ansari from Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I not tell you who is the best of witnesses? The one who brings his testimony before he is asked for it, or tells his testimony before he is asked for it."
Malik related to me that Rabia ibn Abi Abd ar-Rahman said, "An Iraqi man came before Umar ibn al-Khattab and said, 'I have come to you because of a matter which has no beginning and no end.' Umar said, 'What is it?' The man said, 'False testimony has appeared in our land.' Umar said, 'Is that so?' He said, 'Yes.' Umar said, 'By Allah! A man is not detained in Islam without just witnesses.' "
Malik related to me that Umar ibn al-Khattab said, "The testimony of some one known to bear a grudge or to be unreliable is not accepted."
Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."
Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.
Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."
Yahya said that he heard Malik say, "What is done in our community about someone who consumed an animal without the permission of its owner, is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods."
Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner, "He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force.
Yahya said that he heard Malik say, "If a man is entrusted with some wealth and then trades with it for himself and makes a profit, the profit is his because he is responsible for the property until he returns it to its owner. "
Yahya said, "Malik said from Jafar ibn Muhammad from his father that the Messenger of Allah, may Allah bless him and grant him peace, pronounced judgement on the basis of an oath with one witness."
From Malik from Abu'z-Zinad that Umar ibn Abd al-Aziz wrote to Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa, "Pronounce judgement on the basis of an oath with one witness."
Malik related to me that he heard that Abu Salama ibn Abd ar-Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."
Malik related to me that he heard that Abu Salama ibn Abd ar-Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."
Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"
The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!
Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, "A man came to Umar ibn al-Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become a kafir after his Islam.' Umar asked, 'What have you done with him?' He said, 'We let him approach and struck off his head.' Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah?' Then Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!' "
Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night.
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."
Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."
Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "
Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."
Malik said, "This is the way of doing things about which there is no dispute in our community."
Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."
Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.
"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."
Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."
Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "
Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."
Malik said, "This is the way of doing things about which there is no dispute in our community."
Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."
Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.
"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."
Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"
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.
Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."
Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.
Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."
Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and-so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."
Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.
Malik said, "If a man's testimony is in agreement with what the woman testified to, that so-and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."
Yahya related to me from Malik from Amr ibn Yahya al-Mazini from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no injury nor return of injury."
Malik related to me from Ibn Shihab from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one should prevent his neighbour from fixing a wooden peg in his wall." Then Abu Hurayra said, "Why do I see you turning away from it? By Allah! I shall keep on at you about it."
Malik related to me from Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him, "Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you." Muhammed refused so ad-Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab summoned Muhammad ibn Maslama and ordered him to clear the way. Muhammad said, "No." Umar said, "Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you."
Muhammad said, "No, by Allah!" Umar said, "By Allah, he will pass it through, even if it is over your belly!" Umar ordered him to allow its passage and ad-Dahhak did so.
Malik related to me from Amr ibn Yahya al-Mazini that his father said, "There was a stream in my grand-father's garden belonging to Abd ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a corner of the garden nearer to his land, and the owner of the garden prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he should transfer it."
Yahya related from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone revives dead land, it belongs to him, and the unjust root has no right."
Malik explained, "The unjust root is whatever is taken, or planted without right."
Malik related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab said, "Whoever revives dead land, it belongs to him."
Malik said, "That is what is done in our community."
Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."
Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."
Yahya said that he heard Malik say, "What is done in our community about someone who consumed an animal without the permission of its owner, is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods."
Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner, "He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force.
Yahya said that he heard Malik say, "If a man is entrusted with some wealth and then trades with it for himself and makes a profit, the profit is his because he is responsible for the property until he returns it to its owner. "
Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said, "I heard that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A house or land that has been divided in the Jahiliyya, it is according to the division of the Jahiliyya. A house or land which has not been divided before the coming of Islam is divided according to Islam.' "
Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila (outlying districts of Madina). He said, "Unirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land, and are close together, each individual property is evaluated and then divided between the heirs. Dwellings and houses are in the same position."
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."
Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."
Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "
Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."
Malik said, "This is the way of doing things about which there is no dispute in our community."
Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."
Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.
"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."
Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."
Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."
Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."
Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.
"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."
Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.
Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."
Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and-so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."
Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.
Malik said, "If a man's testimony is in agreement with what the woman testified to, that so-and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."
Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."
Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "
Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."
Malik said, "This is the way of doing things about which there is no dispute in our community."
Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."
Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.
"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."
Malik related to me from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Jabir ibn Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone is given a life pension, for him and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it."
Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al-Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."
Yahya said that he heard Malik say, "What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.' "
Malik related to me from Nafi that Abdullah ibn Umar inherited the house of Hafsa bint Umar. He said, "Hafsa gave lodging to the daughter of Zayd ibn al-Khattab for as long as she lived. When the daughter of Zayd died, Abdullah ibn Umar took possession of the dwelling and considered that it was his."
Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid, the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Memorize the characteristics of the object found, then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah?' He said, 'They are yours, your brother's or the wolf's.' He said, 'And the lost camel?' He said, 'It's none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "
Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah ibn Badr al-Juhani that his father informed him that he stopped with a people on the way to Syria and he found a purse which had eighty dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to him, "Announce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business."
Malik related to me from Nafi that a man found something and went to Abdullah ibn Umar and said to him, "I have found something. What do you think I should do about it?" Abdullah ibn Umar said to him, "Publicise it!" He said, "I have done so." He said, "Do it again." He said, "I have done so." Abdullah said, "I do not order you to use it. If you wished, you could have left it."
Yahya said that he heard Malik say, "What is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached, and that is a year, is that it is against his person. Either his master gives the price of what his slave has used, or he surrenders his slave to them as compensation. If he withheld it until the term was reached which is set for finds and he used it, it is a debt against him which follows him and it is not against his person and there is nothing against his master in it."
Yahya related to me from Malik from Suhayl ibn Abi Salih as-Samman from his father from Abu Hurayra that Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, "What do you think if I find a man with my wife? Shall I grant him a respite until I bring four witnesses?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "Yes."
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).
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."
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."
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 said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the is made to take an oath that he only asked him to wait so that he could +transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
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."
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."
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 said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the is made to take an oath that he only asked him to wait so that he could +transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
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."
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."
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 said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the is made to take an oath that he only asked him to wait so that he could +transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
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."
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."
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 said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the is made to take an oath that he only asked him to wait so that he could +transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
Malik related to me from Nafi that a man found something and went to Abdullah ibn Umar and said to him, "I have found something. What do you think I should do about it?" Abdullah ibn Umar said to him, "Publicise it!" He said, "I have done so." He said, "Do it again." He said, "I have done so." Abdullah said, "I do not order you to use it. If you wished, you could have left it."
Yahya said that he heard Malik say, "What is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached, and that is a year, is that it is against his person. Either his master gives the price of what his slave has used, or he surrenders his slave to them as compensation. If he withheld it until the term was reached which is set for finds and he used it, it is a debt against him which follows him and it is not against his person and there is nothing against his master in it."
Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Thabit ibn ad-Dahhak al-Ansari told him that he had found a camel at Harra, so he hobbled it and mentioned it to Umar ibn al-Khattab and Umar ordered him to make it known three times. Thabit said to him, "That would distract me from the running of my estate." Umar said to him, "Then let it go where you found it."
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said while he was leaning his back against the Kaba, "Whoever takes a stray is astray."
Malik related to me that he heard Ibn Shihab say, "The stray camels in the time of Umar ibn al-Khattab were numerous and left alone. No one touched them until the time of Uthman ibn Affan. He ordered that they be publicised and then sold, and if the owner came afterwards, he was given their price."
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."
Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."
Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "
Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."
Malik said, "This is the way of doing things about which there is no dispute in our community."
Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."
Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.
"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."
Yahya said, "Malik said from Hisham ibn Urwa that Abdullah ibn az-Zubayr gave judgment based on the testimony of children concerning the injuries between them."
Malik said, "The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If they leave the scene, they have no testimony unless they call just witnesses to witness their testimony before they leave."
Malik related to me that Rabia ibn Abi Abd ar-Rahman said, "An Iraqi man came before Umar ibn al-Khattab and said, 'I have come to you because of a matter which has no beginning and no end.' Umar said, 'What is it?' The man said, 'False testimony has appeared in our land.' Umar said, 'Is that so?' He said, 'Yes.' Umar said, 'By Allah! A man is not detained in Islam without just witnesses.' "
Malik related to me that Umar ibn al-Khattab said, "The testimony of some one known to bear a grudge or to be unreliable is not accepted."
Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."
Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.
Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).
Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."
Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said about the flood-channels of Mahzur and Mudhaynib (in Madina), "Dam them systematically, so that the water is diverted into each property in turn up to ankle level, starting upstream."
Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Excess water is not withheld in order to prevent herbage from growing."
Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman from his mother Amra bint Abd ar-Rahman that she informed him that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold the surplus water of a well from people."
Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, "What's the matter with men who have intercourse with their slave-girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her."
Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."
Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."
Yahya said, Malik related to us from Hisham ibn Hisham ibn Utba ibn Abi Waqqas from Abdullah ibn Nistas from Jabir ibn Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone swears a false oath near this mimbar of mine, he will take his seat in the fire.' "
Malik related to me from al-Ala ibn Abd ar-Rahman from Mabad ibn Kab as-Salami from his brother Abdullah ibn Kab ibn Malik al-Ansari from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever cuts off the right of a muslim man by his oath, Allah forbids him the Garden and obliges the Fire for him." They said, "Even if it is something insignificant, Messenger of Allah?" He said, "Even if it is a tooth-stick, even if it is a tooth-stick," repeating it three times.
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."
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."
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 said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the is made to take an oath that he only asked him to wait so that he could +transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
Malik related to me from Said ibn Amr Shurahbil ibn Said ibn Sad ibn Ubada from his father that his father said, ''Sad ibn Ubada went out with the Messenger of Allah, may Allah bless him and grant him peace, in one of his raids and his mother was dying in Madina. Someone said to her, 'Leave a testament.' She said, 'In what shall I leave a testament? The property is Sad's property.' Then she died before Sad returned. When Sad ibn Ubada returned, that was mentioned to him. Sad said,
'Messenger of Allah! Will it help her if I give sadaqa for her?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes' Sad said, 'Such-and-such a garden is sadaqa for her,' naming the garden."
Malik related to me from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a man said to the Messenger of Allah, may Allah bless him and grant him peace, "My mother died suddenly, and I think that had she spoken, she would have given sadaqa. Shall I give sadaqa for her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."
Malik related to me that he heard that a man of the Ansar from the tribe of Banu al-Harith ibn al-Khazraj, gave sadaqa to his parents and then they died. Their son inherited the property he had given them and it was palm-trees. He asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, "You are rewarded for your sadaqa, and take it as your inheritance."
Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire."
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab had a dispute brought to him between a muslim and a jew. Umar saw that the right belonged to the jew and decided in his favour. The jew said to him, "By Allah! You have judged correctly.'' So Umar ibn al-Khattab struck him with a whip and said, "How can you be sure." The jew said to him, "We find that there is no judge who judges correctly but that there is an angel on his right side and an angel on his left side who guide him and give him success in the truth as long as he is with the truth. When he leaves the truth, they rise and leave him."
Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."
Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."
Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."
Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.
"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."
Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."
Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."
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."
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."
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 said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the is made to take an oath that he only asked him to wait so that he could +transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."
Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."
He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."
Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "
Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."
Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."
He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."
Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "
Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."
Allah's Apostle said, "Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me."
Allah's Apostle said, "Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges."
I heard the Prophet saying, "There will be twelve Muslim rulers (who will rule all the Islamic world)." He then said a sentence which I did not hear. My father said, "All of them (those rulers) will be from Quraish."
Qais bin Sa'd was to the Prophet like a chief police officer to an Amir (chief).
that the Prophet sent him and sent Mu'adh after him (as rulers to Yemen).
A man embraced Islam and then reverted back to Judaism. Mu'adh bin Jabal came and saw the man with Abu Musa. Mu'adh asked, "What is wrong with this (man)?" Abu Musa replied, "He embraced Islam and then reverted back to Judaism." Mu'adh said, "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle.
Hind bint 'Utba bin Rabia came and said, "O Allah's Apostle! By Allah, there was no family on the surface of the earth, I like to see in degradation more than I did your family, but today there is no family on the surface of the earth whom I like to see honored more than yours." Hind added, "Abu Sufyan is a miser. Is it sinful of me to feed our children from his property?" The Prophet said, "There is no blame on you if you feed them (thereof) in a just and reasonable manner."
Sahl bin Abi Hathma and some great men of his tribe said, 'Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and 'Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and 'Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: "When those she-camels were made to enter the house, one of them kicked me with its leg."
Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Apostle said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Apostle and told him that the people had given their consent happily and permitted (their captives to be freed).
'Aisha said, "O my head!" Allah's Apostle said, "If that (i.e., your death) should happen while I am still alive, I would ask Allah to forgive you and would invoke Allah for you." 'Aisha said, "O my life which is going to be lost! By Allah, I think that you wish for my death, and if that should happen then you would be busy enjoying the company of one of your wives in the last part of that day." The Prophet said, "But I should say, 'O my head!' I feel like calling Abu Bakr and his son and appoint (the former as my successor) lest people should say something or wish for something. Allah will insist (on Abu Bakr becoming a Caliph) and the believers will prevent (anyone else from claiming the Caliphate)," or "...Allah will prevent (anyone else from claiming the Caliphate) and the believers will insist (on Abu Bakr becoming the Caliph)."
It was said to 'Umar, "Will you appoint your successor?" Umar said, "If I appoint a Caliph (as my successor) it is true that somebody who was better than I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that somebody who was better than I (i.e., Allah's Apostle) did so." On this, the people praised him. 'Umar said, "People are of two kinds: Either one who is keen to take over the Caliphate or one who is afraid of assuming such a responsibility. I wish I could be free from its responsibility in that I would receive neither reward nor retribution. I won't bear the burden of the caliphate in my death as I do in my life."
That he heard 'Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet. 'Umar recited the Tashahhud while Abu Bakr was silent. 'Umar said, "I wish that Allah's Apostle had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Apostle. He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa'ida but the oath of allegiance taken by the public was taken at the pulpit. I heard 'Umar saying to Abu Bakr on that day, "Please ascend the pulpit," and kept on urging him till he ascended the pulpit whereupon, all the people swore allegiance to him.
A woman came to the Prophet and spoke to him about something and he told her to return to him. She said, "O Allah's Apostle! If I come and do not find you?" (As if she meant, "...if you die?)" The Prophet said, "If you should not find me, then go to Abu Bakr."
Abu Bakr said to the delegate of Buzakha, "Follow the tails of the camels till Allah shows the Caliph (successor) of His Prophet and Al-Muhajirin (emigrants) something because of which you may excuse yourselves."
Salim, the freed slave of Abu Hudhaifa used to lead in prayer the early Muhajirin (emigrants) and the companions of the Prophet in the Quba mosque. Among those (who used to pray behind him) were Abu Bakr, 'Umar, Abu Salama, and Amir bin Rabi'a.
A bedouin gave the Pledge of allegiance to Allah's Apostle for Islam and the bedouin got a fever where upon he said to the Prophet "Cancel my Pledge." But the Prophet refused. He came to him (again) saying, "Cancel my Pledge." But the Prophet refused. Then (the bedouin) left (Medina). Allah's Apostle said: "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good."
Allah's Apostle said, "The most hated person in the sight of Allah, is the most quarrelsome person."
(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling, so he went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take or leave."
(the wife of the Prophet) 'Utba bin Abi Waqqas said to his brother Sa'd bin Abi Waqqas, "The son of the slave girl of Zam'a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa'd took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." 'Abd bin Zam'a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa'd said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." 'Abd bin Zam'a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O 'Abd bin Zam'a!" Then Allah's Apostle further said, "The child is for the owner of the bed, and the stone is for the adulterer." He then said to Sauda bint Zam'a, "Veil (screen) yourself before him," when he saw the child's resemblance to 'Utba. The boy did not see her again till he met Allah.
The Prophet said, "You people will be keen to have the authority of ruling which will be a thing of regret for you on the Day of Resurrection. What an excellent wet nurse it is, yet what a bad weaning one it is!"
Two men from my tribe and I entered upon the Prophet. One of the two men said to the Prophet, "O Allah's Apostle! Appoint me as a governor," and so did the second. The Prophet said, "We do not assign the authority of ruling to those who ask for it, nor to those who are keen to have it."
A bedouin gave the Pledge of allegiance to Allah's Apostle for Islam. Then the bedouin got fever at Medina, came to Allah's Apostle and said, "O Allah's Apostle! Cancel my Pledge," But Allah's Apostle refused. Then he came to him (again) and said, "O Allah's Apostle! Cancel my Pledge." But the Prophet refused Then he came to him (again) and said, "O Allah's Apostle! Cancel my Pledge." But the Prophet refused. The bedouin finally went out (of Medina) whereupon Allah's Apostle said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good."
The Prophet heard the voices of some people quarreling near his gate, so he went to them and said, "I am only a human being and litigants with cases of disputes come to me, and maybe one of them presents his case eloquently in a more convincing and impressive way than the other, and I give my verdict in his favor thinking he is truthful. So if I give a Muslim's right to another (by mistake), then that (property) is a piece of Fire, which is up to him to take it or leave it." (See Hadith No. 281 )
I saw Safwan and Jundab and Safwan's companions when Jundab was advising. They said, "Did you hear something from Allah's Apostle?" Jundab said, "I heard him saying, 'Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.' " The people said (to Jundab), "Advise us." He said, "The first thing of the human body to purify is the abdomen, so he who can eat nothing but good food (Halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so."
Abu Bakr sent for me owing to the large number of casualties in the battle of Al-Yamama, while 'Umar was sitting with him. Abu Bakr said (to me), 'Umar has come to me and said, 'A great number of Qaris of the Holy Qur'an were killed on the day of the battle of Al-Yamama, and I am afraid that the casualties among the Qaris of the Quran may increase on other battlefields whereby a large part of the Quran may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur'an collected.' I said, 'How dare I do something which Allah's Apostle did not do?' 'Umar said, 'By Allah, it is something beneficial.' 'Umar kept on pressing me for that till Allah opened my chest for that for which He had opened the chest of 'Umar and I had in that matter, the same opinion as 'Umar had." Abu Bakr then said to me (Zaid), "You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for the fragmentary scripts of the Quran and collect it (in one Book)." Zaid further said: By Allah, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said (to 'Umar and Abu Bakr), "How can you do something which Allah's Apostle did not do?" Abu Bakr said, "By Allah, it is something beneficial." Zaid added: So he (Abu Bakr) kept on pressing me for that until Allah opened my chest for that for which He had opened the chests of Abu Bakr and 'Umar, and I had in that matter, the same opinion as theirs.
So I started compiling the Qur'an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Quran). I found the last verses of Sirat-at-Tauba: ("Verily there has come unto you an Apostle (Muhammad) from amongst yourselves..." (9.128-129) ) from Khuzaima or Abi Khuzaima and I added to it the rest of the Sura. The manuscripts of the Qur'an remained with Abu Bakr till Allah took him unto Him. Then it remained with 'Umar till Allah took him unto Him, and then with Hafsa bint 'Umar.
There was some quarrel (fighting) among Bani 'Amr, and when this news reached the Prophet, he offered the Zuhr prayer and went to establish peace among them. In the meantime the time of 'Asr prayer was due, Bilal pronounced the Adhan and then the Iqama for the prayer and requested Abu Bakr (to lead the prayer) and Abu Bakr went forward. The Prophet arrived while Abu Bakr was still praying. He entered the rows of praying people till he stood behind Abu Bakr in the (first) row. The people started clapping, and it was the habit of Abu Bakr that whenever he stood for prayer, he never glanced sideways till he had finished it, but when Abu Bakr observed that the clapping was not coming to an end, he looked and saw the Prophet standing behind him.
The Prophet beckoned him to carry on by waving his hand. Abu Bakr stood there for a while, thanking Allah for the saying of the Prophet and then he retreated, taking his steps backwards. When the Prophet saw that, he went ahead and led the people in prayer. When he finished the prayer, he said, "O Abu Bakr! What prevented you from carrying on with the prayer after I beckoned you to do so?" Abu Bakr replied, "It does not befit the son of Abi Quhafa to lead the Prophet in prayer." Then the Prophet said to the people, "If some problem arises during prayers, then the men should say, 'Subhan Allah,' and the women should clap." (See Hadith No. 652, Vol. 1)
The Prophet appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "This is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, "What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!" The Prophet then raised both his hands till we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed Allah's Message?" And he repeated it three times.
I witnessed a husband and a wife who were involved in a case of Lian. Then (the judgment of) divorce was passed. I was fifteen years of age, at that time.
(the brother of Bani Sa'ida) A man from the Ansar came to the Prophet and said, "If a man finds another man sleeping with his wife, should he kill him?" That man and his wife then did Lian in the mosque while I was present.
While the Prophet and I were coming out of the mosque, a man met us outside the gate. The man said, "O Allah's Apostle! When will be the Hour?" The Prophet asked him, "What have you prepared for it?" The man became afraid and ashamed and then said, "O Allah's Apostle! I haven't prepared for it much of fasts, prayers or charitable gifts but I love Allah and His Apostle." The Prophet said, "You will be with the one whom you love."
Abu Bakra wrote to his son who was in Sijistan: "Do not judge between two persons when you are angry, for I heard the Prophet saying, 'A judge should not judge between two persons while he is in an angry mood.' "
A man came to Allah's Apostle and said, "O Allah's Apostle! By Allah, I fail to attend the morning congregational prayer because so-and-so (i.e., Muadh bin Jabal) prolongs the prayer when he leads us for it." I had never seen the Prophet more furious in giving advice than he was on that day. He then said, "O people! some of you make others dislike (good deeds, i.e. prayers etc). So whoever among you leads the people in prayer, he should shorten it because among them there are the old, the weak and the busy (needy having some jobs to do)." (See Hadith No. 90, Vol. 1)
That he had divorced his wife during her menses. 'Umar mentioned that to the Prophet. Allah's Apostle became angry and said, "He must take her back (his wife) and keep her with him till she becomes clean from her menses and then to wait till she gets her next period and becomes clean again from it and only then, if he wants to divorce her, he may do so."
The Prophet said, "If somebody on the demand of a judge takes an oath to grab (a Muslim's) property and he is liar in it, he will meet Allah Who will be angry with him". So Allah revealed:
"Verily! those who purchase a small gain at the cost of Allah's Covenant and their oaths..." (3.77) 'Al-Ashath came while Abdullah was narrating (this) to the people. 'Al-Ashath said, "This verse was revealed regarding me and another man with whom I had a quarrel about a well. The Prophet said (to me), "Do you have any evidence?" I replied, "No." He said, "Let your opponent take an oath." I said: "I am sure he would take a (false) oath." Thereupon it was revealed: "Verily! those who purchase a small gain at the cost of Allah's Covenant..." (3.77) (See Hadith No. 72, Vol 6).
The Prophet said, "O 'Abdur-Rahman! Do not seek to be a ruler, for if you are given authority on your demand then you will be held responsible for it, but if you are given it without asking (for it), then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then you should expiate your oath and do what is better."
Hind (bint 'Utba) said to the Prophet, "Abu Sufyan is a miserly man and I need to take some money of his wealth." The Prophet said, "Take reasonably what is sufficient for you and your children."
The Prophet sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! " Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, "By Allah, I shall not kill my captive and none of my companions shall kill his captive!" Then we mentioned that to the Prophet and he said, "O Allah! I am free from what Khalid bin Al-Walid has done," and repeated it twice.
Some people said to Ibn 'Umar, "When we enter upon our ruler(s) we say in their praise what is contrary to what we say when we leave them." Ibn 'Umar said, "We used to consider this as hypocrisy."
Allah's Apostles said, "The worst of all mankind is the double-faced one, who comes to some people with one countenance and to others, with another countenance."
The Prophet employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah's Apostle the Prophet called him to account, and he said, "This (amount) is for you, and this was given to me as a present." Allah's Apostle said, "Why don't you stay at your father's house or your mother's house to see whether you will be given gifts or not, if you are telling the truth?" Then Allah's Apostle stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba'du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, 'This (amount) is for you and this is a gift given to me.' Why doesn't he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth? By Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet raised both his hands till I saw the whiteness of his armpits, and said, )No doubt)! Haven't I conveyed Allah's Message!"
Allah's Apostle said, "O 'Abdur-Rahman bin Samura! Do not seek to be a ruler, for if you are given authority on your demand, you will be held responsible for it, but if you are given it without asking for it, then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then do what is better and make expiation for your oath."
The Prophet came to know that one of his companions had given the promise of freeing his slave after his death, but as he had no other property than that slave, the Prophet sold that slave for 800 dirhams and sent the price to him.
A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.
The Prophet sent my father and Mu'adh bin Jabal to Yemen and said (to them), "Make things easy for the people and do not put hurdles in their way, and give them glad tiding, and don't let them have aversion (i.e. to make people to hate good deeds) and you both should work in cooperation and mutual understanding" Abu Musa said to Allah's Apostle, "In our country a special alcoholic drink called Al-Bit', is prepared (for drinking)." The Prophet said, "Every intoxicant is prohibited."
A man came to Allah's Apostle while he was in the mosque, and called him, saying, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face to the other side, but when the man gave four witnesses against himself, the Prophet said to him, "Are you mad?" The man said, "No." So the Prophet said (to his companions), "Take him away and stone him to death."
Allah's Apostle sent an army unit headed by Usama bin Zaid and the people criticized his leadership. The Prophet said (to the people), "If you are criticizing his leadership now, then you used to criticize his father's leadership before. By Allah, he (Usama's father) deserved the leadership and used to be one of the most beloved persons to me, and now his son (Usama) is one of the most beloved persons to me after him. " (See Hadith No. 745, Vol. 5)
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)
We gave the oath of allegiance to Allah's Apostle that we would listen to and obey him both at the time when we were active and at the time when we were tired and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers. (See Hadith No. 178 and 320)
The Prophet went out on a cold morning while the Muhajirin (emigrants) and the Ansar were digging the trench. The Prophet then said, "O Allah! The real goodness is the goodness of the Hereafter, so please forgive the Ansar and the Muhajirin." They replied, "We are those who have given the Pledge of allegiance to Muhammad for to observe Jihad as long as we remain alive."
Whenever we gave the Pledge of allegiance to Allah's Apostle for to listen to and obey, he used to say to us, "for as much as you can."
I witnessed Ibn 'Umar when the people gathered around 'Abdul Malik. Ibn 'Umar wrote: "I gave the Pledge of allegiance that I will listen to and obey Allah's Slave, 'Abdul Malik, Chief of the believers according to Allah's Laws and the Traditions of His Apostle as much as I can; and my sons too, give the same pledge."
I gave the Pledge of allegiance to the Prophet that I would listen and obey, and he told me to add: "As much as I can, and will give good advice to every Muslim."
When the people took the oath of allegiance to 'Abdul Malik, 'Abdullah bin 'Umar wrote to him: "To Allah's Slave, 'Abdul Malik, Chief of the believers, I give the Pledge of allegiance that I will listen to and obey Allah's Slave, 'Abdul Malik, Chief of the believers, according to Allah's Laws and the Traditions of His Apostle in whatever is within my ability; and my sons too, give the same pledge."
I said to Salama, "For what did you give the Pledge of allegiance to the Prophet on the Day of Hudaibiya?" He replied, "For death."
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 'Ali 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'adhdhin 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.
Allah's Apostle said, "I am only a human being, and you people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of Fire." (See Hadith No. 638, Vol. 3).
That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that 'Abdullah bin 'Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in Allah's Book, nor has been mentioned by Allah's Apostle . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah's Apostle saying, 'This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).' "
Allah's Apostle said, "This matter (caliphate) will remain with the Quraish even if only two of them were still existing."
The Prophet said, "Allah never sends a prophet or gives the Caliphate to a Caliph but that he (the prophet or the Caliph) has two groups of advisors: A group advising him to do good and exhorts him to do it, and the other group advising him to do evil and exhorts him to do it. But the protected person (against such evil advisors) is the one protected by Allah."
Allah's Apostle said, "By Him in Whose Hands my life is, I was about to order for collecting firewood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for 'Isha' prayer." (See Hadith No. 617, Vol. 1)
Who was Ka'b's guide from among his sons when Ka'b became blind: I heard Ka'b bin Malik saying, "When some people remained behind and did not join Allah's Apostle in the battle of Tabuk..." and then he described the whole narration and said, "Allah's Apostle forbade the Muslims to speak to us, and so we (I and my companions) stayed fifty nights in that state, and then Allah's Apostle announced Allah's acceptance of our repentance."
Allah's Apostle said, "Do not wish to be like anyone, except in two cases: (1) A man whom Allah has given wealth and he spends it righteously. (2) A man whom Allah has given wisdom (knowledge of the Qur'an and the Hadith) and he acts according to it and teaches it to others."
Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance) for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)
The Prophet used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse: (60.12) "..that they will not associate anything in worship with Allah." (60.12) And the hand of Allah's Apostle did not touch any woman's hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).
We gave the Pledge of allegiance to the Prophet and he recited to me the verse (60.12). That they will not associate anything in worship with Allah (60.12). And he also prevented us from wailing and lamenting over the dead. A woman from us held her hand out and said, "Such-and-such a woman cried over a dead person belonging to my family and I want to compensate her for that crying." The Prophet did not say anything in reply and she left and returned. None of those women abided by her pledge except Um Sulaim, Um Al-'Ala', and the daughter of Abi Sabra, the wife of Al-Muadh or the daughter of Abi Sabra, and the wife of Mu'adh.
who was born during the lifetime of the Prophet that his mother, Zainab bint Humaid had taken him to Allah's Apostle and said, "O Allah's Apostle! Take his Pledge of allegiance (for Islam)." The Prophet said, "He ('Abdullah bin Hisham) is a little child," and passed his hand over his head and invoked Allah for him. 'Abdullah bin Hisham used to slaughter one sheep as a sacrifice on behalf of all of his family.
I heard the Prophet saying, "Any man whom Allah has given the authority of ruling some people and he does not look after them in an honest manner, will never feel even the smell of Paradise."
Allah's Apostle said, "If any ruler having the authority to rule Muslim subjects dies while he is deceiving them, Allah will forbid Paradise for him."
The Prophet said, "Set free the captives and accept invitations."
That when he went to 'Umar during his Caliphate, 'Umar said to him, "Haven't I been told that you do certain jobs for the people but when you are given payment you refuse to take it?" 'Abdullah added: I said, "Yes." 'Umar said, "Why do you do so?" I said, "I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims." 'Umar said, "Do not do so, for I intended to do the same as you do. Allah's Apostle used to give me gifts and I used to say to him, 'Give it to a more needy one than me.' Once he gave me some money and I said, 'Give it to a more needy person than me,' whereupon the Prophet said, 'Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.' "
Narrated 'Abdullah bin 'Umar: I have heard 'Umar saying, "The Prophet used to give me some money (grant) and I would say (to him), 'Give it to a more needy one than me.' Once he gave me some money and I said, 'Give it to a more needy one than me.' The Prophet said (to me), 'Take it and keep it in your possession and then give it in charity. Take whatever comes to you of this money while you are not keen to have it and not asking for it; take it, but you should not seek to have what you are not given.' "
That Abu Sufyan bin Harb told him that Heraclius had called him along with the members of a Quraish caravan and then said to his interpreter, "Tell them that I want to ask this (Abu Sufyan) a question, and if he tries to tell me a lie, they should contradict him." Then Abu Sufyan mentioned the whole narration and said that Heraclius said to the inter Peter, "Say to him (Abu Sufyan), 'If what you say is true, then he (the Prophet) will take over the place underneath my two feet.' "
Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty.
The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that." And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt."
Safiya bint (daughter of) Huyai came to the Prophet (in the mosque), and when she returned (home), the Prophet accompanied her. It happened that two men from the Ansar passed by them and the Prophet called them saying, "She is Safiya!" those two men said, "Subhan Allah!" The Prophet said, "Satan circulates in the human body as blood does."
Anas bin Malik said to a woman of his family, "Do you know such-and-such a woman?" She replied, "Yes." He said, "The Prophet passed by her while she was weeping over a grave, and he said to her, 'Be afraid of Allah and be patient.' The woman said (to the Prophet). 'Go away from me, for you do not know my calamity.' " Anas added, "The Prophet left her and proceeded. A man passed by her and asked her, 'What has Allah's Apostle said to you?' She replied, 'I did not recognize him.' The man said, 'He was Allah's Apostle.' " Anas added, "So that woman came to the gate of the Prophet and she did not find a gate-keeper there, and she said, 'O Allah's Apostle! By Allah! I did not recognize you!' The Prophet said, 'No doubt, patience is at the first stroke of a calamity.' "
When the Prophet intended to write to the Byzantines, the people said, "They do not read a letter unless it is sealed (stamped)." Therefore the Prophet took a silver ring--as if I am looking at its glitter now--and its engraving was: "Muhammad, Apostle of Allah."
Allah's Apostle said, "You should listen to and obey, your ruler even if he was an Ethiopian (black) slave whose head looks like a raisin."
The Prophet said, "If somebody sees his Muslim ruler doing something he disapproves of, he should be patient, for whoever becomes separate from the Muslim group even for a span and then dies, he will die as those who died in the Pre-Islamic period of ignorance (as rebellious sinners)." (See Hadith No. 176 and 177)
The Prophet said, "A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it." (See Hadith No. 203, Vol. 4)
The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadith No. 629. Vol. 5)
A bedouin came to the Prophet and said, "Please take my Pledge of allegiance for Islam." So the Prophet took from him the Pledge of allegiance for Islam. He came the next day with a fever and said to the Prophet "Cancel my pledge." But the Prophet refused and when the bedouin went away, the Prophet said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good."
We gave the oath of allegiance to the Prophet under the tree. He said to me, "O Salama! Will you not give the oath of allegiance?" I replied, "O Allah's Apostle! I have already given the oath of allegiance for the first time." He said, ("Give it again) for the second time."