Yahya related to me from Malik that he had heard that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only married with the consent of her guardian, someone of her family with sound judgement or the Sultan.

Yahya related to me from Malik that Hisham ibn Urwa said about a Bedouin woman whose husband died, that she was to stay where her people stayed.

Malik said, "This is what is done among us."

The Prophet said, "Allah will say (on the Day of Resurrection), 'O Adam.' Adam will reply, 'Labbaik wa Sa`daik', and all the good is in Your Hand.' Allah will say: 'Bring out the people of the fire.' Adam will say: 'O Allah! How many are the people of the Fire?' Allah will reply: 'From every one thousand, take out nine-hundred-and ninety-nine.' At that time children will become hoary headed, every pregnant female will have a miscarriage, and one will see mankind as drunken, yet they will not be drunken, but dreadful will be the Wrath of Allah." The companions of the Prophet asked, "O Allah's Apostle! Who is that (excepted) one?" He said, "Rejoice with glad tidings; one person will be from you and one-thousand will be from Gog and Magog." The Prophet further said, "By Him in Whose Hands my life is, hope that you will be one-fourth of the people of Paradise." We shouted, "Allahu Akbar!" He added, "I hope that you will be one-third of the people of Paradise." We shouted, "Allahu Akbar!" He said, "I hope that you will be half of the people of Paradise." We shouted, "Allahu Akbar!" He further said, "You (Muslims) (compared with non Muslims) are like a black hair in the skin of a white ox or like a white hair in the skin of a black ox (i.e. your number is very small as compared with theirs).

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

The Prophet made the meat of donkeys unlawful on the day of the battle of Khaibar.

This hadith has been transmitted by Ibn 'Abbas (Allah be pleased with them) with a slight variation of words.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

Yahya related to me from Malik from Abdullah ibn Yazid, the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it, saying, "By Allah, I don't expect anything from you." She went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, "You have no maintenance." He then ordered her to spend her idda in the house of Umm Sharik. Then he said, "This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry, tell me."

She continued, "When I was free to remarry, I mentioned to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for me in marriage. The Messenger of Allah, may Allah bless him and grant him peace, said, 'As for Abu Jahm, he never puts down his stick from his shoulder (i.e. he is always travelling), and as for Muawiya he is a poor man with no property. Marry Usama ibn Zayd.' I objected to him and he said, 'Marry Usama ibn Zayd,' so I married him, and Allah put good in it and I was content with him."

[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

Abu Dawud said : this tradition has also been transmitted by Abu sa’id through a different chain of narrators to the same effect. A man has narrated in this version from Ibn-Ulayyah one sa’ of wheat. But this version is not guarded.

Ibn `Abbas said, "Why do you ask the people of the scripture about anything while your Book (Qur'an) which has been revealed to Allah's Apostle is newer and the latest? You read it pure, undistorted and unchanged, and Allah has told you that the people of the scripture (Jews and Christians) changed their scripture and distorted it, and wrote the scripture with their own hands and said, 'It is from Allah,' to sell it for a little gain. Does not the knowledge which has come to you prevent you from asking them about anything? No, by Allah, we have never seen any man from them asking you regarding what has been revealed to you!"

Once Allah's Apostle delayed the `Isha' prayer till `Umar informed him that the women and children had slept. Then Allah's Apostle came out and said: "None from amongst the dwellers of earth have prayed this prayer except you." In those days none but the people of Medina prayed.

From Iyas bin 'Abd al-Muzani who said: "The Prophet (saws) prohibited selling water."

[He said:] There are narrations on this topic from Jabir, Buhaisah from her father, Abu Hurairah, 'Aishah, Anas and 'Abdullah bin 'Amr.

[Abu 'Eisa said:] The Hadith is Iyas is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they dislike selling water. This is the view of Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted selling water, Al-Hasan al-Basri is one of them.

A client of the Prophet (saws) died and left some property, but he left no child or relative. The Messenger of Allah (saws) said: Give what he has left to a man belonging to his village.

Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (saws) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.

The properties of Banu al-Nadir were part of what Allah bestowed on His Apostle from what the Muslims has not ridden on horses or camels to get; so they belonged specially to the Messenger of Allah (saws) who gave his family their annual contribution.

Ibn 'Abdah said: His family (ahlihi) and not the members of his houses (ahl baitihi) ; then applied what remained for horses and weapons in Allah's path.

When `Ali was in Yemen, he sent some gold in its ore to the Prophet. The Prophet distributed it among Al-Aqra' bin H`Abis Al-Hanzali who belonged to Bani Mujashi, 'Uyaina bin Badr Al-Fazari, 'Alqama bin 'Ulatha Al-`Amiri, who belonged to the Bani Kilab tribe and Zaid AI-Khail at-Ta'i who belonged to Bani Nabhan. So the Quraish and the Ansar became angry and said, "He gives to the chiefs of Najd and leaves us!" The Prophet said, "I just wanted to attract and unite their hearts (make them firm in Islam)." Then there came a man with sunken eyes, bulging forehead, thick beard, fat raised cheeks, and clean-shaven head, and said, "O Muhammad! Be afraid of Allah! " The Prophet said, "Who would obey Allah if I disobeyed Him? (Allah). He trusts me over the people of the earth, but you do not trust me?" A man from the people (present then), who, I think, was Khalid bin Al- Walid, asked for permission to kill him, but the Prophet prevented him. When the man went away, the Prophet said, "Out of the offspring of this man, there will be people who will recite the Qur'an but it will not go beyond their throats, and they will go out of Islam as an arrow goes out through the game, and they will kill the Muslims and leave the idolators. Should I live till they appear, I would kill them as the Killing of the nation of 'Ad."

The people of Mecca asked the Prophet to show them a sign (miracle). So he showed them (the miracle) of the cleaving of the moon.

`Abdullah bin `Umar said: I used to sleep in the mosque of the Prophet while I was young and unmarried.

The Prophet said, "The people of Paradise will see the Ghuraf (special abodes) in Paradise as you see a star in the sky."

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim, from his father, that Umar ibn al-Khattab said, "People of Makka, why is it that people arrive dishevelled while you still have oil on your hair? Go into ihram when you see the new moon."

Yahya related to me from Malik from Nafi that if any of Abdullah ibn Umar's family asked him for an aqiqa, he would give it to them. He gave a sheep as aqiqa for both his male and female children.

Ibn Umar reported that Allah's Messenger (way peace be upon him) forbade the eating of the flesh of domestic asses.

The Prophet (saws) offered the noon prayer, and then rode on his mount. When he came to the hill of al-Bayda', he raised his voice in talbiyah.

The Prophet disliked that one should go to one's family at night (on returning from a journey).

Anas bin Malik said, "Any of the female slaves of Medina could take hold of the hand of Allah's Apostle and take him wherever she wished."

Yahya related to me from Malik from Nafi, the mawla of Ibn Umar that a man from Egypt told him that Umar ibn al-Khattab recited Surat al-Hajj (Sura 22) and prostrated twice in it, and then said, "This sura has been given special preference by having two prostrations in it."