Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

Rafi' ibn Rifa'ah came to a meeting of the Ansar and said: The Prophet of Allah (saws) forbade us (from some things) today, and he mentioned some things. He forbade the earning of a slave-girl except what she earned with her hand. He indicated (some things) with his fingers such as baking, spinning, and ginning.

I used to sell camels at al-Baqi for dinars and take dirhams for them, and sell for dirhams and take dinars for them. I would take these for these and give these for these. I went to the Messenger of Allah (saws) who was in the house of Hafsah. I said: Messenger of Allah , take it easy, I shall ask you (a question): I sell camels at al-Baqi'. I sell (them) for dinars and take dirhams and I sell for dirhams and take dinars. I take these for these, and give these for these. The Messenger of Allah (saws) then said: There is no harm in taking them at the current rate so long as you do not separate leaving something to be settled.

I said: Messenger of Allah, I know the severest verse in the Qur'an. He asked: What is that verse. A'ishah? She replied: Allah's words: "If anyone does evil, he will be requited for it." He said: Do you know A'ishah, that when a believer is afflicted with a calamity or a thorn, it serves as an atonement for his evil deed. He who is called to account will be punished. She said: Does Allah not say: "He truly will recieve an easy reckoning." He said: This is the presentation, A'ishah. If anyone criticized in reckoning, he will be punished.

Abu Dawud said: This is the version of Ibn Bashshar. He said: Ibn Abi Mulaikah narrated to us.

`Abdullah (bin Masud) said. "Allah curses those ladies who practice tattooing and those who get themselves tattooed, and those ladies who remove the hair from their faces and those who make artificial spaces between their teeth in order to look more beautiful whereby they change Allah's creation." His saying reached a lady from Bani Asd called Um Yaqub who came (to `Abdullah) and said, "I have come to know that you have cursed such-and-such (ladies)?" He replied, "Why should I not curse these whom Allah's Apostle has cursed and who are (cursed) in Allah's Book!" Um Yaqub said, "I have read the whole Qur'an, but I did not find in it what you say." He said, "Verily, if you have read it (i.e. the Qur'an), you have found it. Didn't you read: 'And whatsoever the Apostle gives you take it and whatsoever he forbids you, you abstain (from it). (59.7) She replied, "Yes, I did," He said, "Verily, Allah's Apostle forbade such things." "She said, "But I see your wife doing these things?" He said, "Go and watch her." She went and watched her but could not see anything in support of her statement. On that he said, "If my wife was as you thought, I would not keep her in my company."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

Allah's Apostle got up on the day of the Conquest of Mecca and said, "Allah has made Mecca a sanctuary since the day He created the Heavens and the Earth, and it will remain a sanctuary by virtue of the sanctity Allah has bestowed on it till the Day of Resurrection. It (i.e. fighting in it) was not made lawful to anyone before me!, nor will it be made lawful to anyone after me, and it was not made lawful for me except for a short period of time. Its game should not be chased, nor should its trees be cut, nor its vegetation or grass uprooted, not its Luqata (i.e. Most things) picked up except by one who makes a public announcement about it." Al-Abbas bin `Abdul Muttalib said, "Except the Idhkhir, O Allah's Apostle, as it is indispensable for blacksmiths and houses." On that, the Prophet kept quiet and then said, "Except the Idhkhir as it is lawful to cut."

From Sa'eed bin Al-Musayyab, from Ma'mar bin 'Abdullah bin Nadlah who said: "I heard the Messenger of Allah (saws) saying: 'Hoarding is nothing but sin.' So I (Muhammad) said to Sa'eed: "O Abu Muhammad! You hoard?" He said: "And Ma'mar would hoard."

It is also been reported that Sa'eed bin Musayyab would hoard oil, (camel) fodder, and the like.

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, 'Ali, Abu Umamah, and Ibn 'Umar. The Hadith of Ma'mar is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they dislike hoarding food, and some of them make a concession for hoarding things other than food. Ibn Al-Mubarak said: "There is no harm in hoarding cotton, goat pelts and like."

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

The Prophet (p.b.u.h) used to teach us the way of doing Istikhara (Istikhara means to ask Allah to guide one to the right sort of action concerning any job or a deed), in all matters as he taught us the Suras of the Qur'an. He said, "If anyone of you thinks of doing any job he should offer a two rak`at prayer other than the compulsory ones and say (after the prayer): -- 'Allahumma inni astakhiruka bi'ilmika, Wa astaqdiruka bi-qudratika, Wa as'alaka min fadlika Al-`azlm Fa-innaka taqdiru Wala aqdiru, Wa ta'lamu Wala a'lamu, Wa anta 'allamu l-ghuyub. Allahumma, in kunta ta'lam anna hadha-lamra Khairun li fi dini wa ma'ashi wa'aqibati `Amri (or 'ajili `Amri wa'ajilihi) Faqdirhu wa yas-sirhu li thumma barik li Fihi, Wa in kunta ta'lamu anna hadha-lamra shar-run li fi dini wa ma'ashi wa'aqibati `Amri (or fi'ajili `Amri wa ajilihi) Fasrifhu anni was-rifni anhu. Waqdir li al-khaira haithu kana Thumma ardini bihi.' (O Allah! I ask guidance from Your knowledge, And Power from Your Might and I ask for Your great blessings. You are capable and I am not. You know and I do not and You know the unseen. O Allah! If You know that this job is good for my religion and my subsistence and in my Hereafter--(or said: If it is better for my present and later needs)--Then You ordain it for me and make it easy for me to get, And then bless me in it, and if You know that this job is harmful to me In my religion and subsistence and in the Hereafter--(or said: If it is worse for my present and later needs)--Then keep it away from me and let me be away from it. And ordain for me whatever is good for me, And make me satisfied with it). The Prophet added that then the person should name (mention) his need.

The Prophet said "Both legal and illegal things are obvious, and in between them are (suspicious) doubtful matters. So whoever forsakes those doubtful things lest he may commit a sin, will definitely avoid what is clearly illegal; and whoever indulges in these (suspicious) doubtful things bravely, is likely to commit what is clearly illegal. Sins are Allah's Hima (i.e. private pasture) and whoever pastures (his sheep) near it, is likely to get in it at any moment."

Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.

Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."

Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."

Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."

Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."

The Prophet ordered us to do seven (things) and forbade us from seven (other things): He ordered us to pay a visit to the sick, to follow funeral possessions, to say: May Allah be merciful to you to a sneezer, - if he says: Praise be to Allah, to accept invitation (invitation to a wedding banquet), to return greetings, to help the oppressed, and to help others to fulfill their oaths (provided it was not sinful). And he forbade us from seven (things): to wear golden rings or golden bangles, to wear silk (cloth), Dibaj, Sundus and Mayathir.

One day Allah's Apostle narrated to us a long narration about Ad-Dajjal and among the things he narrated to us, was: "Ad-Dajjal will come, and he will be forbidden to enter the mountain passes of Medina. He will encamp in one of the salt areas neighboring Medina and there will appear to him a man who will be the best or one of the best of the people. He will say 'I testify that you are Ad-Dajjal whose story Allah's Apostle has told us.' Ad-Dajjal will say (to his audience), 'Look, if I kill this man and then give him life, will you have any doubt about my claim?' They will reply, 'No,' Then Ad- Dajjal will kill that man and then will make him alive. The man will say, 'By Allah, now I recognize you more than ever!' Ad-Dajjal will then try to kill him (again) but he will not be given the power to do so."

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."

Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)".

Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."

Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."

Ibn `Abbas said, "The Prophet forbade the meeting of caravans (on the way) and ordained that no townsman is permitted to sell things on behalf of a bedouin." I asked Ibn `Abbas, "What is the meaning of his saying, 'No townsman is permitted to sell things on behalf of a bedouin.' " He replied, "He should not work as a broker for him."

Abdullah b. Qais reported from Allah's Messenger (may peace be upon him) that none is more forbearing in listening to the most irksome things than Allah, the Exalted. They associate rivals with him, attribute sonhood to Him, but in spite of this He provides them sustenance, grants them safety, confers upon them so many things.

Allah's Apostle ordered us to do seven things and forbade us to do seven other things. He forbade us to wear gold rings, silk, Dibaj, Istabriq, Qissy, and Maithara; and ordered us to accompany funeral processions, visit the sick and greet everybody. (See Hadith No. 104)

I heard the Prophet saying, "Ascribing false things to me is not like ascribing false things to anyone else. Whosoever tells a lie against me intentionally then surely let him occupy his seat in Hell-Fire." I heard the Prophet saying, "The deceased who is wailed over is tortured for that wailing."

Once two men from the companions of Allah's Apostle went out of the house of the Prophet on a very dark night. They were accompanied by two things that resembled two lamps lighting the way in front of them, and when they parted, each of them was accompanied by one of those two things (lamps) till they reached their homes.

I asked `Abdullah bin Abu `Aufa "Did the Prophet make a will? ' He replied, "No." I further asked, "How comes it that the making of a will was enjoined on the people or that they were ordered to make it? " He said, "The Prophet made a will concerning Allah's Book."

Yahya related to me from Malik from Ibn Shihab that he said, "Suckling however little or much, makes haram. Kinship by suckling makes men mahram."

Yahya said that he had heard Malik say, "Suckling, however little or much when it is in the first two years, makes haram. As for what is after the first two years, little or much, it does not make anything haram. It is like food."

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."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

The Prophet used to like sweet edible things and honey.

The Prophet used to like sweet edible things and honey.

I asked `Abdullah bin Abu `Aufa "Did the Prophet make a will?" He replied, "No," I asked him, "How is it then that the making of a will has been enjoined on people, (or that they are ordered to make a will)?" He replied, "The Prophet bequeathed Allah's Book (i.e. Qur'an).

Malik said, "The generally agreed on way of doing things among us is that some one who buys some fruit, fresh or dry, should not resell it until he gets full possession of it. He should not barter things of the same type, except hand to hand. Whatever can be made into dry fruit to be stored and eaten, should not be bartered for its own kind, except hand to hand, like for like, when it is the same kind of fruit. In the case of two different kinds of fruit, there is no harm in bartering two of one kind for one of another, hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon, cucumber, melon, carrots, citron, medlars, pomegranates, and soon, which when dried no longer counts as fruit, and is not a thing which is stored up as is fruit, I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it, there is no harm in it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "If some one makes himself vomit while he is fasting he has to make up a day, but if he cannot help vomiting he does not have to make up anything."

Allah's Apostle used to love sweet edible things and honey.

Never was the Prophet asked for a thing to be given for which his answer was 'no'.