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."

The Prophet said, "Whoever possesses the following three qualities will have the sweetness (delight) of faith:

1. The one to whom Allah and His Apostle becomes dearer than anything else.

2. Who loves a person and he loves him only for Allah's sake.

3. Who hates to revert to Atheism (disbelief) as he hates to be thrown into the fire."

Allah's Apostle said, "Whoever possesses the (following) three qualities will have the sweetness of faith (1): The one to whom Allah and His Apostle becomes dearer than anything else; (2) Who loves a person and he loves him only for Allah's Sake; (3) who hates to revert to atheism (disbelief) as he hates to be thrown into the Fire."

Ibn `Umar said, "Allah's Apostle said, 'If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.' " (Aiyub, a sub-narrator is not sure whether the saying " ... otherwise he will be partially manumitted" was said by Nafi` or the Prophet.)

The Prophet said, "Allah will give shade, to seven, on the Day when there will be no shade but His. (These seven persons are) a just ruler, a youth who has been brought up in the worship of Allah (i.e. worships Allah sincerely from childhood), a man whose heart is attached to the mosques (i.e. to pray the compulsory prayers in the mosque in congregation), two persons who love each other only for Allah's sake and they meet and part in Allah's cause only, a man who refuses the call of a charming woman of noble birth for illicit intercourse with her and says: I am afraid of Allah, a man who gives charitable gifts so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity), and a person who remembers Allah in seclusion and his eyes are then flooded with tears."

Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.

Fatima sent somebody to Abu Bakr asking him to give her her inheritance from the Prophet from what Allah had given to His Apostle through Fai (i.e. booty gained without fighting). She asked for the Sadaqa (i.e. wealth assigned for charitable purposes) of the Prophet at Medina, and Fadak, and what remained of the Khumus (i.e., one-fifth) of the Khaibar booty. Abu Bakr said, "Allah's Apostle said, 'We (Prophets), our property is not inherited, and whatever we leave is Sadaqa, but Muhammad's Family can eat from this property, i.e. Allah's property, but they have no right to take more than the food they need.' By Allah! I will not bring any change in dealing with the Sadaqa of the Prophet (and will keep them) as they used to be observed in his (i.e. the Prophet's) life-time, and I will dispose with it as Allah's Apostle used to do," Then 'Ali said, "I testify that None has the right to be worshipped but Allah, and that Muhammad is His Apostle," and added, "O Abu Bakr! We acknowledge your superiority." Then he (i.e. 'Ali) mentioned their own relationship to Allah's Apostle and their right. Abu Bakr then spoke saying, "By Allah in Whose Hands my life is. I love to do good to the relatives of Allah's Apostle rather than to my own relatives"

Jarir said "Allah's Apostle said to me, "Won't you relieve me from Dhul-Khalasa?" I replied, "Yes, (I will relieve you)." So I proceeded along with one-hundred and fifty cavalry from Ahmas tribe who were skillful in riding horses. I used not to sit firm over horses, so I informed the Prophet of that, and he stroke my chest with his hand till I saw the marks of his hand over my chest and he said, O Allah! Make him firm and one who guides others and is guided (on the right path).' Since then I have never fallen from a horse. Dhul-l--Khulasa was a house in Yemen belonging to the tribe of Khatham and Bajaila, and in it there were idols which were worshipped, and it was called Al-Ka`ba." Jarir went there, burnt it with fire and dismantled it. When Jarir reached Yemen, there was a man who used to foretell and give good omens by casting arrows of divination. Someone said to him. "The messenger of Allah's Apostle is present here and if he should get hold of you, he would chop off your neck." One day while he was using them (i.e. arrows of divination), Jarir stopped there and said to him, "Break them (i.e. the arrows) and testify that None has the right to be worshipped except Allah, or else I will chop off your neck." So the man broke those arrows and testified that none has the right to be worshipped except Allah. Then Jarir sent a man called Abu Artata from the tribe of Ahmas to the Prophet to convey the good news (of destroying Dhu-l-Khalasa). So when the messenger reached the Prophet, he said, "O Allah's Apostle! By Him Who sent you with the Truth, I did not leave it till it was like a scabby camel." Then the Prophet blessed the horses of Ahmas and their men five times.

Um-Sulaim came to Allah's Apostle and said, "Verily, Allah is not shy of (telling you) the truth. Is it necessary for a woman to take a bath after she has a wet dream (nocturnal sexual discharge?) The Prophet replied, "Yes, if she notices a discharge." Um Salama, then covered her face and asked, "O Allah's Apostle! Does a woman get a discharge?" He replied, "Yes, let your right hand be in dust (An Arabic expression you say to a person when you contradict his statement meaning "you will not achieve goodness"), and that is why the son resembles his mother."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, was brought a drink and he drank some of it. There was a boy at his right and some old men on his left. He said to the boy, "Will you give me permission to give it to these people?" The boy said, "No, Messenger of Allah, I will not prefer anyone to get my portion from you." He said, "So the Messenger of Allah, may Allah bless him and grant him peace, placed it in his hand."

Milk mixed with water was brought to Allah's Apostle while a bedouin was on his right and Abu Bakr was on his left. He drank (of it) and then gave (it) to the bedouin and said, 'The right" "The right (first).

The Prophet said, "Whoever possesses the following three qualities will taste the sweetness of faith:

1. The one to whom Allah and His Apostle become dearer than anything else.

2. Who loves a person and he loves him only for Allah's sake.

3. Who hates to revert to disbelief (Atheism) after Allah has brought (saved) him out from it, as he hates to be thrown in fire."

Anas went to the Prophet with barley bread having some dissolved fat on it. The Prophet had mortgaged his armor to a Jew in Medina and took from him some barley for his family. Anas heard him saying, "The household of Muhammad did not possess even a single Sa of wheat or food grains for the evening meal, although he has nine wives to look after." (See Hadith No. 685)

The Prophet (saws) used to send Abdullah ibn Rawahah (to Khaybar), and he would assess the amount of dates when they began to ripen before they were eaten (by the Jews). He would then give choice to the Jews that they have them (on their possession) by that assessment or could assign to them (Muslims) by that assignment, so that the (amount of) zakat could be calculated before the fruit became eatable and distributed (among the people).

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that Umm Sulayman said to the Messenger of Allah, may Allah bless him and grant him peace, "Should a woman do ghusl when she experiences the same as a man in her sleep?" The Messenger of Al lah said to her, "Yes, she should do ghusl. "A'isha said to her, "Shame on you! Does a woman see that?" (i.e. a liquid.) The Messenger of Allah, may Allah bless him and grant him peace, said to her, "May your right hand be full of dust. From where does family resemblance come?"

The Prophet offered four rak`at of Zuhr prayer at Medina; and two rak`at of `Asr prayer at Dhil- Hulaifa and spent the night there and when (the day) dawned, he mounted his Mount and started saying, "None has the right to be worshipped but Allah, and Glorified be Allah." When he reached Al- Baida' he recited Talbiya for both Hajj and `Umra. And when he arrived at Mecca, he ordered them (his companions) to finish their Ihram. The Prophet slaughtered seven Budn (camel) with his own hands while the camels were standing He also sacrificed two horned rams (black and white in color) at Medina.

Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."

Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."

We made a journey to Syria on an expedition along with the Messenger of Allah (saws). The Nabateans of Syria came to us and we paid in advance to them (in a salam contract) in wheat and olive oil at a specified rate and for a specified time. He asked (by the people): you might have contracted with him who had these things in his possession? He replied: We did not ask them.

Yahya related to me from Malik from Makhrama ibn Sulayman from Kurayb, the mawla of Ibn Abbas, that Abdullah ibn Abbas told him that he had spent a night at the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, who was also Ibn Abbas' mother's sister. Ibn Abbas said, "I lay down with my head on the breadth of the cushion, and the Messenger of Allah, may Allah bless him and grant him peace, and his wife lay down with their heads on its length. The Messenger of Allah, may Allah bless him and grant him peace, slept, until, halfway through the night or a little before or after it, he awoke and sat up and wiped the sleep away from his face with his hand. Then he recited the last ten ayats of sura Ali Imran (Sura3). Then he got up and went over to a water-skin which was hanging up and did wudu from it, doing his wudu thoroughly, and then he stood in prayer."

Ibn Abbas continued, "I stood up and did the same and then went and stood by his side. The Messenger of Allah, may Allah bless him and grant him peace, put his right hand on my head and took my right ear and tweaked it. He prayed two rakas, then two rakas, then two rakas, then two rakas, then two rakas, then two rakas, and then prayed an odd raka. Then he lay down until the muadhdhin came to him, and then prayed two quick rakas, and went out and prayed subh ."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

The Prophet (p.b.u.h) said, "Seven people will be shaded by Allah under His shade on the day when there will be no shade except His. They are: (1) a just ruler; (2) a young man who has been brought up in the worship of Allah, (i.e. worship Allah (Alone) sincerely from his childhood), (3) a man whose heart is attached to the mosque (who offers the five compulsory congregational prayers in the mosque); (4) two persons who love each other only for Allah's sake and they meet and part in Allah's cause only; (5) a man who refuses the call of a charming woman of noble birth for an illegal sexual intercourse with her and says: I am afraid of Allah; (6) a person who practices charity so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity). (7) a person who remembers Allah in seclusion and his eyes get flooded with tears."

Abu Dawud said : All the sound traditions narrated by ‘ Uthman indicated that the head is to be wiped once, because they mentioned (the washing of each part in) ablution three times. In their versions of tradition they mentioned the wordings: “he wiped his head.” In this case they did not mention any number as they did in other cases.

The Prophet (saws) said: (The narrator Musa said in another place: From Samurah ibn Jundub as presumed by Hammad): If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free. AbuDawud said: A similar tradition has also been transmitted by Samurah from the Prophet (saws) through a different chain.

Abu Dawud said: Only Hammad b. Salamah has transmitted this tradition and he had doubt in it.

Allah's Apostle used to say at the time of difficulty, "None has the right to be worshipped but Allah, the Majestic, the Most Forbearing. None has the right to be worshipped but Allah, the Lord of the Tremendous Throne. None has the right to be worshipped but Allah, the Lord of the Heavens and the Lord of the Honourable Throne. (See Hadith No. 357, Vol. 8)

A time is certainly coming to mankind when people will bite each other and a rich man will hold fast, what he has in his possession (i.e. his property), though he was not commanded for that. Allah, Most High, said: "And do not forget liberality between yourselves." The men who are forced will contract sale while the Prophet (saws) forbade forced contract, one which involves some uncertainty, and the sale of fruit before it is ripe.

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

On the day of Khaibar, Allah's Apostle said, "Tomorrow I will give this flag to a man through whose hands Allah will give us victory. He loves Allah and His Apostle, and he is loved by Allah and His Apostle." The people remained that night, wondering as to who would be given it. In the morning the people went to Allah's Apostle and everyone of them was hopeful to receive it (i.e. the flag). The Prophet said, "Where is `Ali bin Abi Talib?" It was said, "He is suffering from eye trouble O Allah's Apostle." He said, "Send for him." `Ali was brought and Allah's Apostle spat in his eye and invoked good upon him. So `Ali was cured as if he never had any trouble. Then the Prophet gave him the flag. `Ali said "O Allah's Apostle! I will fight with them till they become like us." Allah's Apostle said, "Proceed and do not hurry. When you enter their territory, call them to embrace Islam and inform them of Allah's Rights which they should observe, for by Allah, even if a single man is led on the right path (of Islam) by Allah through you, then that will be better for you than the nice red camels.

The Prophet said, "The right of preemption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption."

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."

I saw Allah's Apostle drinking milk. He came to my house and I milked a sheep and then mixed the milk with water from the well for Allah's Apostle. He took the bowl and drank while on his left there was sitting Abu Bakr, and on his right there was a bedouin. He then gave the remaining milk to the bedouin and said, "The right! The right (first).

When the Prophet of Allah (saws) saw the new moon, he said: "a new moon of good and right guidance; a new moon of good and right guidance; a new moon of good and right guidance. I believe in Him Who created you" three times. He would then say: "Praise be to Allah Who has made such and such a month to pass and has brought such and such a month."

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

"The Messenger of Allah (saws) was asked about the pots of Zorastrians. He said: 'Clean them by washing them, and then cook in them." And he prohibited every predator possessing canines."

This is a well known Hadith of Abu Tha'labah, and it has been reported from him through routes other than this. And Abu Tha'labah's name is Jurthum, and they say: Jurhum, and they say: Nashib. This Hadith has also been mentioned by Abu Qilabah from Abu 'Asma Ar-Rahbi, from Abu Tha'labah.

A woman brought a woven Burda (sheet) having edging (border) to the Prophet, Then Sahl asked them whether they knew what is Burda, they said that Burda is a cloak and Sahl confirmed their reply. Then the woman said, "I have woven it with my own hands and I have brought it so that you may wear it." The Prophet accepted it, and at that time he was in need of it. So he came out wearing it as his waist-sheet. A man praised it and said, "Will you give it to me? How nice it is!" The other people said, "You have not done the right thing as the Prophet is in need of it and you have asked for it when you know that he never turns down anybody's request." The man replied, "By Allah, I have not asked for it to wear it but to make it my shroud." Later it was his shroud.