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that he said: We were forbidden that we should ask anything (without the genuine need) from the Holy Prophet. It, therefore, pleased us that an intelligent person from the dwellers of the desert should come and asked him (the Holy Prophet) and we should listen to it. A man from the dwellers of the desert came (to the Holy Prophet) and said: Muhammad, your messenger came to us and told us your assertion that verily Allah had sent you (as a prophet). He (the Holy Prophet) remarked: He told the truth. He (the bedouin) said: Who created the heaven? He (the Holy Prophet) replied: Allah. He (the bedouin again) said: Who created the earth? He (the Holy Prophet) replied: Allah. He (the bedouin again) said: Who raised these mountains and who created in them whatever is created there? He (the Holy Prophet) replied: Allah. Upon this he (the bedouin) remarked: By Him Who created the heaven and created the earth and raised mountains thereupon, has Allah (in fact) sent you? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger also told us that five prayers (had been made) obligatory for us during the day and the night. He (the Holy Prophet) remarked: He told you the truth. He (the bedouin) said: By Him Who sent you, is it Allah Who ordered you about this (i. e. prayers)? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger told us that Zakat had been made obligatory in our riches. He (the Holy Prophet) said. He has told the truth. He (the bedouin) said: By Him Who sent you (as a prophet), is it Allah Who ordered you about it (Zakat)? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger told us that it had been made obligatory for us to fast every year during the month of Ramadan. He (the Holy Prophet) said: He has told the truth. He (the bedouin) said: By Him Who sent you (as a prophet), is it Allah Who ordered you about it (the fasts of Ramadan)? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger also told us that pilgrimage (Hajj) to the House (of Ka'bah) had been made obligatory for him who is able to undertake the journey to it. He (the Holy Prophet) said: Yes. The narrator said that he (the bedouin) set off (at the conclusion of this answer, but at the time of his departure) remarked: 'By Him Who sent you with the Truth, I would neither make any addition to them nor would I diminish anything out of them. Upon this the Holy Prophet remarked: If he were true (to what he said) he must enter Paradise.
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Allah's Apostle said, "Whoever prayed at night the whole month of Ramadan out of sincere Faith and hoping for a reward from Allah, then all his previous sins will be forgiven." Ibn Shihab (a sub-narrator) said, "Allah's Apostle (SAW) died and the people continued observing that (i.e. Nawafil offered individually, not in congregation), and it remained as it was during the Caliphate of Abu Bakr and in the early days of Umar's Caliphate." Abdur Rahman bin Abdul Qari said, "I went out in the company of Umar bin Al-Khattab one night in Ramadan to the mosque and found the people praying in different groups. A man praying alone or a man praying with a little group behind him. So, Umar said, 'In my opinion I would better collect these (people) under the leadership of one Qari (Reciter) (i.e. let them pray in congregation!)'. So, he made up his mind to congregate them behind Ubai bin Kab. Then on another night I went again in his company and the people were praying behind their reciter. On that, Umar remarked, 'What an excellent Bida (i.e. innovation in religion) this is; but the prayer which they do not perform, but sleep at its time is better than the one they are offering.' He meant the prayer in the last part of the night. (In those days) people used to pray in the early part of the night."
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Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator 'Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was 'Umar bin Al-Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, 'Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator 'Auf added that Abu Raja' had named him but he had forgotten) and 'Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and poured some water into the pot. Then he closed the big openings of the bags and opened the small ones and the people were called upon to drink and water their animals. So they all watered their animals and they (too) all quenched their thirst and also gave water to others and last of all the Prophet gave a pot full of water to the person who was Junub and told him to pour it over his body. The woman was standing and watching all that which they were doing with her water. By Allah, when her water bags were returned the looked like as if they were more full (of water) than they had been before (Miracle of Allah's Apostle) Then the Prophet ordered us to collect something for her; so dates, flour and Sawiq were collected which amounted to a good meal that was put in a piece of cloth. She was helped to ride on her camel and that cloth full of food-stuff was also placed in front of her and then the Prophet said to her, "We have not taken your water but Allah has given water to us." She returned home late. Her relatives asked her: "O so and so what has delayed you?" She said, "A strange thing! Two men met me and took me to the man who is called the Sabi' and he did such and such a thing. By Allah, he is either the greatest magician between this and this (gesturing with her index and middle fingers raising them towards the sky indicating the heaven and the earth) or he is Allah's true Apostle." Afterwards the Muslims used to attack the pagans around her abode but never touched her village. One day she said to her people, "I think that these people leave you purposely. Have you got any inclination to Islam?" They obeyed her and all of them embraced Islam. Abu 'Abdultah said: The word Saba'a means "The one who has deserted his old religion and embraced a new religion." Abul 'Ailya said, "The Sabis are a sect of people of the Scripture who recite the Book of Psalms."
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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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Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that." Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind." Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held." Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque. Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret." Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter." Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is." Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."
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'While he was among ten of the Companions of the Messenger of Allah (saw) including Abu Qatadah: "I heard Abu Humaid As-Sa'idi say: 'I am the most knowledgeable of you concerning the prayer of the Messenger of Allah (saw).' They said: 'Why? By Allah, you did not follow him more than we did, and you did not accompany him for longer.' He said: 'Yes I am.' They said: 'Show us.' He said: 'When the Messenger of Allah (saw) stood up for prayer, he would say the Takbir, then he would raise his hands parallel to his shoulders, and every part of his body would settle in place. Then he would recite, then he would raise his hands parallel to his shoulders and bow, placing his palms on his knees and supporting his weight on them. He neither lowered his head, nor raised it up, it was evenly balanced (between either extreme). Then he would say: "Sami' Allahu liman hamidah (Allah hears those who praise Him); and he would raise his hands parallel with his shoulders, until every bone returned to its place. Then he would prostrate himself on the ground, keeping his arms away from his sides. Then he would raise his head and tuck his left foot under him and sit on it, and he would spread his toes when he prostrated.* Then he would prostrate, then say the Takbir and sit on his left foot, until every bone returned to its place. Then he would stand up and do the same in the next Rakah. Then when he stood up after two Rakah, he would raise his hands level with his shoulders as he did at the beginning of the prayer. Then he would offer the rest of his prayer in like manner until, when he did the prostration after the Taslim comes, he would push one of his feet back and sit and his weight on his left side, Mutawarrikan.'** They said: 'You have spoken the truth; this is how the Messenger of Allah (saw) used to perform the prayer.'"*** Maudu
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Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka." Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed." Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such-and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."
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I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (peace_be_upon_him). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray). Then the Messenger of Allah (peace_be_upon_him) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (peace_be_upon_him) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying. He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place. (The narrator says that the Prophet (peace_be_upon_him) used the word la tahsabanna, do not think). I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl. I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.
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When the Prophet (SAW) intended to perform Umra in the month of Dhul-Qada, the people of Makkah did not let him enter Makkah till he settled the matter with them by promising to stay in it for three days only. When the document of treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Apostle (SAW) agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Apostle (SAW) we would not prevent you, but you are Muhammad bin Abdullah." The Prophet (SAW) said, "I am Allah's Apostle (SAW) and also Muhammad bin Abdullah." Then he said to Ali, "Rub off (the words) 'Allah's Apostle (SAW)' ", but Ali said, "No, by Allah, I will never rub off your name." So, Allah's Apostle (SAW) took the document and wrote, 'This is what Muhammad bin Abdullah has agreed upon: No arms will be brought into Makkah except in their cases, and nobody from the people of Makkah will be allowed to go with him (i.e. the Prophet (SAW)) even if he wished to follow him and he (the Prophet (SAW)) will not prevent any of his companions from staying in Makkah if the latter wants to stay.' When the Prophet (SAW) entered Makkah and the time limit passed, the Makkans went to Ali and said, "Tell your Friend (i.e. the Prophet (SAW)) to go out, as the period (agreed to) has passed." So, the Prophet (SAW) went out of Makkah. The daughter of Hamza ran after them (i.e. the Prophet (SAW) and his companions), calling, "O Uncle! O Uncle!" Ali received her and led her by the hand and said to Fatima, "Take your uncle's daughter." Zaid and Jafar quarreled about her. Ali said, "I have more right to her as she is my uncle's daughter." Jafar said, "She is my uncle's daughter, and her aunt is my wife." Zaid said, "She is my brother's daughter." The Prophet (SAW) judged that she should be given to her aunt, and said that the aunt was like the mother. He then said to Ali, "You are from me and I am from you", and said to Jafar, "You resemble me both in character and appearance", and said to Zaid, "You are our brother (in faith) and our freed slave."
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Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them." Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace." Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' " Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months." Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women." Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done!" Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."
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