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Hadith No: 5
From: Imam Malik's Muwatta. Chapter 39, The Mukatab
Narrated/Authority of
Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver. Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' " Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right." Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab." Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled." Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first." Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him." Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."
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Hadith No: 15
From: Imam Malik's Muwatta. Chapter 39, The Mukatab
Narrated/Authority of
Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made." Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free." Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him. Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one." If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' " Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him." Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning." Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth." Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning." Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person." Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and-so", that the setting free had priority over the kitaba.
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Hadith No: 26
From: Imam Malik's Muwatta. Chapter 31, Business Transactions
Narrated/Authority of
Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them." Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes." Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good." Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full." Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money." It is not good that there be any deferment or credit in such a transaction. Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan." Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves." Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."
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Hadith No: 906
From: Sahih Bukhari. Chapter 52, Conditions
Narrated/Authority of Al-Miswar bin Makhrama and Marwan
(whose narrations attest each other) Allah's Apostle (SAW) set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet (SAW) went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet (SAW) sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa (i.e. the she-camel's name) has become stubborn! Al-Qaswa has become stubborn!" The Prophet (SAW) said, "Al-Qaswa has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet (SAW) then rebuked the she-camel and she got up. The Prophet (SAW) changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle (SAW); of thirst. The Prophet (SAW) took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa Al-Khuzai came with some persons from his tribe Khuzaa and they were the advisers of Allah's Apostle (SAW) who would keep no secret from him and were from the people of Tihama. Budail said, "I left Kab bin Luai and Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Kaba." Allah's Apostle (SAW) said, "We have not come to fight anyone, but to perform the Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet (SAW) had told him. Urwa bin Masud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet (SAW)) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet (SAW) and started talking to him. The Prophet (SAW) told him almost the same as he had told Budail. Then Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet (SAW) alone?" Urwa said, "Who is that man?" They said, "He is Abu Bakr." Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favour which you did to me and which I did not compensate, I would retort on you." Urwa kept on talking to the Prophet (SAW) and seizing the Prophet (SAW)'s beard as he was talking while Al-Mughira bin Shuba was standing near the head of the Prophet (SAW), holding a sword and wearing a helmet. Whenever Urwa stretched his hand towards the beard of the Prophet (SAW), Al-Mughira would hit his hand with the handle of the sword and say (to Urwa), "Remove your hand from the beard of Allah's Apostle (SAW)." Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shuba." Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet (SAW) said (to him), "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason)." Urwa then started looking at the Companions of the Prophet (SAW). By Allah, whenever Allah's Apostle (SAW) spat, the spittle would fall in the hand of one of them (i.e. the Prophet (SAW)'s companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An-Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet (SAW)'s companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet (SAW) and his companions, Allah's Apostle (SAW) said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Kaba." When he returned to his people, he said, 'I saw the Budn garlanded (with coloured knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Kaba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet (SAW) said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet (SAW) and as he was talking, Suhail bin Amr came. When Suhail bin Amr came, the Prophet (SAW) said, "Now the matter has become easy." Suhail said to the Prophet (SAW) "Please conclude a peace treaty with us." So, the Prophet (SAW) called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet (SAW) said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle (SAW) has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle (SAW) we would not prevent you from visiting the Kaba, and would not fight with you. So, write: "Muhammad bin Abdullah." The Prophet (SAW) said, "By Allah! I am Apostle (SAW) of Allah even if you people do not believe me. Write: Muhammad bin Abdullah." (Az-Zuhri said, "The Prophet (SAW) accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform Umra.)" The Prophet (SAW) said to Suhail, "On the condition that you allow us to visit the House (i.e. Kaba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet (SAW) got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the Mushrikun (pagans, idolaters, polytheists) after he has become a Muslim? While they were in this state Abu Jandal bin Suhail bin Amr came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet (SAW) said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet (SAW) said, "Yes, do." He said, "I won't do." Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" Abu Jandal had been tortured severely for the Cause of Allah. Umar bin Al-Khattab said, "I went to the Prophet (SAW) and said, 'Aren't you truly the Apostle (SAW) of Allah?' The Prophet (SAW) said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle (SAW) and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Kaba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Kaba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet (SAW)?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle (SAW) and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Kaba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Kaba this year?' I said, 'No.' He said, "You will go to Kaba and perform Tawaf around it." (Az-Zuhri said, " 'Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle (SAW) said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet (SAW) repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet (SAW) of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet (SAW) went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet (SAW) got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet (SAW)); and Allah revealed the following Divine Verses: "O you who believe, when the believing women come to you as emigrants examine them...(up to)..the disbelieving women as wives." (60.10) Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiyya married the other. When the Prophet (SAW) returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet (SAW)), "Abide by the promise you gave us." So, the Prophet (SAW) handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle (SAW) saw him he said, "This man appears to have been frightened." When he reached the Prophet (SAW) he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle (SAW), by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet (SAW) said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet (SAW) would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet (SAW) requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet (SAW) would be secure. So the Prophet (SAW) sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: And it is He Who Has withheld their hands from you and your hands From them in the midst of Makkah, After He made you the victorious over them..(up to).. pride and haughtiness, the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet (SAW) of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and prevented the Muslims from visiting the Kaba.
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Hadith No: 7
From: Shamaail Tirmidhi - The Virtues and Noble Character of The Prophet Muhammad (SAW). Chapter 1, The Noble Features of Rasulullah (SAW)
Narrated/Authority of Hasan bin Ali
"I inquired from my maternal uncle (Sayyiditina Fatimah Radiallahu anha's step brother) Hind bin Abi Haalah (Radiallahu anhu) about the noble features of the Rasulullah (Peace and Blessings be upon him). He had often described the noble features of Rasulullah (Peace and Blessings be upon him) in detail. I felt that I should hear from him personally, some of the noble features of Raulullah (Sallallahu alalihe wasallam), so that I could make his discription a proof and testimony for myself and also memorise them, and, if possible, try to emulate and adopt them. (The age of Sayyidna Hasan (Radiallahu anhu) at the time of Rasulullah (Peace and Blessings be upon him)'s death was seven years. In view of his age he did not have the opportunity to realise fully the features of Rasulullah (Peace and Blessings be upon him). The uncle descirbed the noble features by saying: "He had great qualities and attributes in him, others also held him in high estemm. His mubarak face shone like the full moon. He was slightly taller than a man of middle height, but shorter than a tall person. His mubarak head was moderately large. His mubarak hair was slightly twisted. If his hair became parted naturally in the middle he left it so, otherwise he did not habitually make an effort to part his hair in the middle. (This is a more respected transaltion). A question may arise that Sayyidina Rasulullah (Peace and Blessings be upon him) habitually parted his hair as stated in Ahadith. The Ulama say that this was in the early periods where Rasulullah (Peace and Blessings be upon him) did not make an effort to do so. According to this humble servant, the answer to this is bit difficult, because it was the principal of Rasulullah (Peace and Blessings be upon him) to oppose the ways of the non- beleivers, and agree to the ways of Ahlul Kitab, he did not part his hair in the middle. For this reason, according to some Ulama, the bets translation will be that he only parted his hair in the middle if it could be easily done, and when this could not be done easily, and a comb etc. was needed to do it, then he did not part his hair in the middle. Occasionally he used to part his hair in the middle with a comb etc. When the hair of Rasulullah (Sallallalhu alaihe wasallallam) was abundant, it used to pass over his ear- lobes). Rasulullah (Peace and Blessings be upon him) had a very luminous complexion (colour), and a wide forehead. He had dense and fine hair on his eye brows. Both eye brows were seperate and did not meet each other in the middle. There was a vein between them that used to expand when he became angry. His nose was prominemt and had a nur and lustre on it. When one first looked at him, it seemed as if he had a large nose, but looking at it carefully showed that the lustre and beauty made it look large, otherwise in itself the nose was not large." His beard was full and dense. The pupil of his eye was black. His cheeks were full and full of flesh. The mouth of Rasulullah (Peace and Blessings be upon him) was moderately wide. (He did not have a small mouth). His teeth were thin and bright. The front teeth had a slight space between them. There was a thin line of hair from the chest to the navel. His neck was beautiful and thin, like the neck of a statue shaved clean, the colour of which was clear, shining and beautiful like silver. All the parts of his body were of moderate size, and fully fleshed. His body was proportionately jointed. His chest and stomach were in line, but his chest was broad and wide. The space between his shoulders was wide. The bones of his joints were strong and large (denoting strength). When he removed his clothing, his body looked bright and had a lustre (or rather those parts of the body that were not covered by his clothing were also bright and shining, compared with those parts of the body that were covered by his clothing. According to this humble servant the latter translation is more appropriate). Between the chest and navel there was a thin line of hair. Besides this line neither the chest nor the stomach had other hair on it. Both sides, the shoulders and the upper portion of the chest had hair. His forearm was long and palms were wide. The palms and both feet were fully fleshed. The fingers and toes were moderately long. The soles of his feet were a bit deep. His feet were smooth, because of their cleanliness and smoothness the water did not remain there but flowed away quickly. When he walked, he lifted his legs with vigour, leaned slightly forward and placed his feet softly on the ground. He walked at a quick pace and took rather a long step. He did not take small steps. When he walked it seemed as if he was descending to a lower place. When he looked at something he turned his whole body towards it. He always looked down. His sight was focused more to the ground than towards the sky (A question may arise here that it is reported in Abu Daawud that Rasulullah (Peace and Blessings be upon him) usually looked towards the sky. Both are reconciled thus: His habit was to look down towards the ground, but he also waited for the wahi (revelation), therefore while waiting he often looked towards the sky. Otherwise he usually looked down towards the ground. "Here the gaze of the killer hasn't lifted modestly. There the hand of the lover rest on the heart of the deceased" His modest habit was to look at something with a light eye,i.e. he looked at a thing, with modesty and bashfulness, hence he did not stare at anything. While walking he asked the Sahabah (Radiallahu anhum) to walk in front, and he himself walked behind. He made salaam to whomsoever he met"
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Hadith No: 658
From: Sahih Bukhari. Chapter 45, Oppressions (Al-Mazalim)
Narrated/Authority of Abdullah bin Abbas
I had been eager to ask Umar about the two ladies from among the wives of the Prophet (SAW) regarding whom Allah said (in the Quraan saying): "If you two (wives of the Prophet (SAW) namely Aisha and Hafsa) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet (SAW) likes)..." (66.4), till I performed the Hajj along with Umar (and on our way back from Hajj) he went aside (to answer the call of nature) and I also went aside along with him carrying a tumbler of water. When he had answered the call of nature and returned. I poured water on his hands from the tumbler and he performed ablution. I said, "O Chief of the believers!" Who were the two ladies from among the wives of the Prophet (SAW) to whom Allah said: 'If you two return in repentance' (66.4)? He said, "I am astonished at your question, O Ibn Abbas. They were Aisha and Hafsa." Then 'Umar went on relating the narration and said. "I and an Ansari neighbour of mine from Bani Umaiya bin Zaid who used to live in 'Awali Al-Medina, used to visit the Prophet (SAW) in turns. He used to go one day, and I another day. When I went I would bring him the news of what had happened that day regarding the instructions and orders and when he went, he used to do the same for me. We, the people of Quraish, used to have authority over women, but when we came to live with the Ansar, we noticed that the Ansari women had the upper hand over their men, so our women started acquiring the habits of the Ansari women. Once I shouted at my wife and she paid me back in my coin and I disliked that she should answer me back. She said, 'Why do you take it ill that I retort upon you? By Allah, the wives of the Prophet (SAW) retort upon him, and some of them may not speak with him for the whole day till night.' What she said scared me and I said to her, 'Whoever amongst them does so, will be a great loser.' Then I dressed myself and went to Hafsa and asked her, 'Does any of you keep Allah's Apostle (SAW) angry all the day long till night?' She replied in the affirmative. I said, 'She is a ruined losing person (and will never have success)! Doesn't she fear that Allah may get angry for the anger of Allah's Apostle (SAW) and thus she will be ruined? Don't ask Allah's Apostle (SAW) too many things, and don't retort upon him in any case, and don't desert him. Demand from me whatever you like, and don't be tempted to imitate your neighbour (i.e. 'Aisha) in her behaviour towards the Prophet (SAW)), for she (i.e. Aisha) is more beautiful than you, and more beloved to Allah's Apostle (SAW). In those days it was rumored that Ghassan, (a tribe living in Sham) was getting prepared their horses to invade us. My companion went (to the Prophet (SAW) on the day of his turn, went and returned to us at night and knocked at my door violently, asking whether I was sleeping. I was scared (by the hard knocking) and came out to him. He said that a great thing had happened. I asked him: What is it? Have Ghassan come? He replied that it was worse and more serious than that, and added that Allah's Apostle (SAW) had divorced all his wives. I said, Hafsa is a ruined loser! I expected that would happen some day.' So I dressed myself and offered the Fajr prayer with the Prophet (SAW). Then the Prophet (SAW) entered an upper room and stayed there alone. I went to Hafsa and found her weeping. I asked her, 'Why are you weeping? Didn't I warn you? Have Allah's Apostle (SAW) divorced you all?' She replied, 'I don't know. He is there in the upper room.' I then went out and came to the pulpit and found a group of people around it and some of them were weeping. Then I sat with them for some time, but could not endure the situation. So I went to the upper room where the Prophet (SAW) was and requested to a black slave of his: "Will you get the permission of (Allah's Apostle (SAW)) for Umar (to enter)? The slave went in, talked to the Prophet (SAW) about it and came out saying, 'I mentioned you to him but he did not reply.' So, I went and sat with the people who were sitting by the pulpit, but I could not bear the situation, so I went to the slave again and said: "Will you get he permission for Umar? He went in and brought the same reply as before. When I was leaving, behold, the slave called me saying, "Allah's Apostle (SAW) has granted you permission." So, I entered upon the Prophet (SAW) and saw him lying on a mat without wedding on it, and the mat had left its mark on the body of the Prophet (SAW), and he was leaning on a leather pillow stuffed with palm fires. I greeted him and while still standing, I said: "Have you divorced your wives?' He raised his eyes to me and replied in the negative. And then while still standing, I said chatting: "Will you heed what I say, 'O Allah's Apostle (SAW)! We, the people of Quraish used to have the upper hand over our women (wives), and when we came to the people whose women had the upper hand over them..." 'Umar told the whole story (about his wife). "On that the Prophet (SAW) smiled." 'Umar further said, "I then said, 'I went to Hafsa and said to her: Do not be tempted to imitate your companion ('Aisha) for she is more beautiful than you and more beloved to the Prophet (SAW).' The Prophet (SAW) smiled again. When I saw him smiling, I sat down and cast a glance at the room, and by Allah, I couldn't see anything of importance but three hides. I said (to Allah's Apostle (SAW)) "Invoke Allah to make your followers prosperous for the Persians and the Byzantines have been made prosperous and given worldly luxuries, though they do not worship Allah?' The Prophet (SAW) was leaning then (and on hearing my speech he sat straight) and said, 'O Ibn Al-Khatttab! Do you have any doubt (that the Hereafter is better than this world)? These people have been given rewards of their good deeds in this world only.' I asked the Prophet (SAW) . 'Please ask Allah's forgiveness for me. The Prophet (SAW) did not go to his wives because of the secret which Hafsa had disclosed to Aisha, and he said that he would not go to his wives for one month as he was angry with them when Allah admonished him (for his oath that he would not approach Maria). When twenty-nine days had passed, the Prophet (SAW) went to Aisha first of all. She said to him, 'You took an oath that you would not come to us for one month, and today only twenty-nine days have passed, as I have been counting them day by day.' The Prophet (SAW) said, 'The month is also of twenty-nine days.' That month consisted of twenty-nine days. 'Aisha said, 'When the Divine revelation of Choice was revealed, the Prophet (SAW) started with me, saying to me, 'I am telling you something, but you needn't hurry to give the reply till you can consult your parents." 'Aisha knew that her parents would not advise her to part with the Prophet (SAW) . The Prophet (SAW) said that Allah had said: 'O Prophet (SAW)! Say To your wives; If you desire The life of this world And its glitter, ... then come! I will make a provision for you and set you free In a handsome manner. But if you seek Allah And His Apostle (SAW), and The Home of the Hereafter, then Verily, Allah has prepared For the good-doers amongst you A great reward.' (33.28) 'Aisha said, 'Am I to consult my parents about this? I indeed prefer Allah, His Apostle (SAW), and the Home of the Hereafter.' After that the Prophet (SAW) gave the choice to his other wives and they also gave the same reply as Aisha did."
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Hadith No: 7
From: Sahih Bukhari. Chapter 1, Revelation
Narrated/Authority of Abdullah bin Abbas
Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)." Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was: 'What is his family status amongst you?' I replied, 'He belongs to a good (noble) family amongst us.' Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' Heraclius asked, 'Do the nobles or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are his followers increasing decreasing (day by day)?' I replied, 'They are increasing.' He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?' I replied, 'No.' Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?' I replied, 'No. ' Heraclius said, 'Does he break his promises?' I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that. Heraclius asked, 'Have you ever had a war with him?' I replied, 'Yes.' Then he said, 'What was the outcome of the battles?' I replied, 'Sometimes he was victorious and sometimes we.' Heraclius said, 'What does he order you to do?' I said, 'He tells us to worship Allah and Allah alone and not to worship anything along with Him, and to renounce all that our ancestors had said. He orders us to pray, to speak the truth, to be chaste and to keep good relations with our Kith and kin.' Heraclius asked the translator to convey to me the following, I asked you about his family and your reply was that he belonged to a very noble family. In fact all the Apostles come from noble families amongst their respective peoples. I questioned you whether anybody else amongst you claimed such a thing, your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following the previous man's statement. Then I asked you whether anyone of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom. I further asked whether he was ever accused of telling lies before he said what he said, and your reply was in the negative. So I wondered how a person who does not tell a lie about others could ever tell a lie about Allah. I, then asked you whether the rich people followed him or the poor. You replied that it was the poor who followed him. And in fact all the Apostle have been followed by this very class of people. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing, and in fact this is the way of true faith, till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his religion, became displeased and discarded his religion. Your reply was in the negative, and in fact this is (the sign of) true faith, when its delight enters the hearts and mixes with them completely. I asked you whether he had ever betrayed. You replied in the negative and likewise the Apostles never betray. Then I asked you what he ordered you to do. You replied that he ordered you to worship Allah and Allah alone and not to worship any thing along with Him and forbade you to worship idols and ordered you to pray, to speak the truth and to be chaste. If what you have said is true, he will very soon occupy this place underneath my feet and I knew it (from the scriptures) that he was going to appear but I did not know that he would be from you, and if I could reach him definitely, I would go immediately to meet him and if I were with him, I would certainly wash his feet.' Heraclius then asked for the letter addressed by Allah's Apostle which was delivered by Dihya to the Governor of Busra, who forwarded it to Heraclius to read. The contents of the letter were as follows: "In the name of Allah the Beneficent, the Merciful (This letter is) from Muhammad the slave of Allah and His Apostle to Heraclius the ruler of Byzantine. Peace be upon him, who follows the right path. Furthermore I invite you to Islam, and if you become a Muslim you will be safe, and Allah will double your reward, and if you reject this invitation of Islam you will be committing a sin by misguiding your Arisiyin (peasants). (And I recite to you Allah's Statement:) 'O people of the scripture! Come to a word common to you and us that we worship none but Allah and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside Allah. Then, if they turn away, say: Bear witness that we are Muslims (those who have surrendered to Allah).' (3:64). Abu Sufyan then added, "When Heraclius had finished his speech and had read the letter, there was a great hue and cry in the Royal Court. So we were turned out of the court. I told my companions that the question of Ibn-Abi-Kabsha) (the Prophet Muhammad) has become so prominent that even the King of Bani Al-Asfar (Byzantine) is afraid of him. Then I started to become sure that he (the Prophet) would be the conqueror in the near future till I embraced Islam (i.e. Allah guided me to it)." The sub narrator adds, "Ibn An-Natur was the Governor of llya' (Jerusalem) and Heraclius was the head of the Christians of Sham. Ibn An-Natur narrates that once while Heraclius was visiting ilya' (Jerusalem), he got up in the morning with a sad mood. Some of his priests asked him why he was in that mood? Heraclius was a foreteller and an astrologer. He replied, 'At night when I looked at the stars, I saw that the leader of those who practice circumcision had appeared (become the conqueror). Who are they who practice circumcision?' The people replied, 'Except the Jews nobody practices circumcision, so you should not be afraid of them (Jews). 'Just Issue orders to kill every Jew present in the country.' While they were discussing it, a messenger sent by the king of Ghassan to convey the news of Allah's Apostle to Heraclius was brought in. Having heard the news, he (Heraclius) ordered the people to go and see whether the messenger of Ghassan was circumcised. The people, after seeing him, told Heraclius that he was circumcised. Heraclius then asked him about the Arabs. The messenger replied, 'Arabs also practice circumcision.' (After hearing that) Heraclius remarked that sovereignty of the 'Arabs had appeared. Heraclius then wrote a letter to his friend in Rome who was as good as Heraclius in knowledge. Heraclius then left for Homs. (a town in Syrian and stayed there till he received the reply of his letter from his friend who agreed with him in his opinion about the emergence of the Prophet and the fact that he was a Prophet. On that Heraclius invited all the heads of the Byzantines to assemble in his palace at Homs. When they assembled, he ordered that all the doors of his palace be closed. Then he came out and said, 'O Byzantines! If success is your desire and if you seek right guidance and want your empire to remain then give a pledge of allegiance to this Prophet (i.e. embrace Islam).' (On hearing the views of Heraclius) the people ran towards the gates of the palace like onagers but found the doors closed. Heraclius realized their hatred towards Islam and when he lost the hope of their embracing Islam, he ordered that they should be brought back in audience. (When they returned) he said, 'What already said was just to test the strength of your conviction and I have seen it.' The people prostrated before him and became pleased with him, and this was the end of Heraclius's story (in connection with his faith).
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