(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Messenger (ﷺ) in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."
So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house. Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."
At that time the Prophet (ﷺ) was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Messenger (ﷺ) said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet (ﷺ) said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Messenger (ﷺ) in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.
One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Messenger (ﷺ) with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Messenger (ﷺ) came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Messenger (ﷺ)!" The Prophet (ﷺ) said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Messenger (ﷺ)!" Allah's Messenger (ﷺ) said, "Yes." Abu Bakr said, "O Allah's Messenger (ﷺ)! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Messenger (ﷺ) replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).
Then Allah's Messenger (ﷺ) and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Messenger (ﷺ) and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet (ﷺ) and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.
Sahih al-Bukhari Book 63, Hadith 130
Yahya said that he heard Malik speak about a man who bought goods
- animals or clothes or wares, and the sale was found not to be
permitted so it was revoked and the one who had taken the goods was
ordered to return the owner his goods. Malik said, "The owner of the
goods only has their value on the day they were taken from him, and
not on the day they are returned to him. That is because the man is
liable for them from the day he took them and whatever loss is in them
after that is against him. For that reason, their increase and growth
are also his. A man may take the goods at a time when they are selling
well and are in demand, and then have to return them at a time when
they have fallen in price and no one wants them. For instance, the man
may take the goods from the other man, and sell them for ten dinars or
keep them while their price is that. Then he may have to return them
while their price is only a dinar. He should not go off with nine
dinars from the man's property. Or perhaps they are taken by the man,
and he sells them for a dinar or keeps them, while their price is only
a dinar, then he has to return them, and their value on the day he
returns them is ten dinars. The one who took them does not have to pay
nine dinars from his property to the owner. He is only obliged to pay
the value of what he took possession of on the day it was taken ."
He said, "Part of what clarifies this is that when a thief
steals goods, only their price on the day he stole them is looked at.
If cutting off the hand is necessary because of it, that is done. If
the cutting off is delayed, either because the thief is imprisoned
until his situation is examined or he flees and then is caught, the
delay of the cutting off of the hand does not make the hadd, which was
obliged for him on the day he stole, fall from him even if those goods
become cheap after that. Nor does delay oblige cutting off the hand if
it was not obliged on the day he took those goods, even if they become
expensive after that."
Muwatta Malik Book 37, Hadith 9
Malik said, "When a man owes money to another man and he asks him
to let it stay with him as a quirad, that is disapproved of until the
creditor receives his property. Then he can make it a qirad loan or
keep it. That is because the debtor may be in a tight situation, and
want to delay it to increase it for him."
Malik spoke about
an investor who made a qirad loan to a man, and some of the principal
was lost before he used it, and then he used it and made a profit. The
agent wanted to make the principal the remainder of the money after
what was lost from it. Malik said, "His statement is not accepted, and
the principal is made up to its original amount from his profit. Then
they divide what remains after the principal has been repaid according
to the conditions of the qirad."
Malik said, "Qirad loan is
only good in gold or silver coin and it is never permitted in any kind
of wares or goods or articles."
Malik said, "There are
certain transactions which if a long span of time passes after the
transaction takes place, its revocation becomes unacceptable. As for
usury, there is never anything except its rejection whether it is a
little or a lot. What is permitted in other than it is not permitted
in it because Allah, the Blessed and the Exalted, said in His Book,
'If you repent, you have your capital back, not wronging and not
wronged. ' "
32.4 Conditions Permitted in Qirad
Muwatta Malik Book 32, Hadith 4
"I asked 'Aishah: 'With what did the Prophet (ﷺ) start his prayer?' She said: 'When he got up to pray at night he would start his prayer with the words: Allahumma Rabba Jibril wa Maika'il wa Israfil; Fatirus-samawati wal-ard, 'alim al-ghaybi wash-shahadah, anta tahkumu bayna 'ibadika fima kanu fihi yakhtalifun, Allahumma ihdini limakktulifa fihi min al-haqq innaka tahdi man tasha'ila siratin mustaqim (O Allah, Lord of Jibril, Mika'il and Israfil, Creator of the heavens and the earth, Knower of the unseen and the seen, You judge between Your slaves concerning wherein they differ. O Allah, guide me to the disputed matters of truth for You are the One Who guides to the Straight Path)."
Sunan an-Nasa'i Book 20, Hadith 28