Yahya related to me from Malik that he had heard the people of knowledge telling people not to fast on the day in Shaban when there was doubt (about whether it was Shaban or Ramadan), if they intended by it the fast of Ramadan . They considered that whoever fasted on that day without having seen (the new moon) had to make up that day if it later became clear that it was part of Ramadan. They did not see any harm in voluntary fasting on that day.

Malik said, "This is what we do, and what I have seen the people of knowledge in our city doing."

As-Sa'ib bin Yazid said, "The Sa' at the time of the Prophet was equal to one Mudd plus one-third of a Mudd of your time, and then it was increased in the time of Caliph `Umar bin `Abdul `Aziz."

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him."

I saw Allah's Apostle cutting part of the shoulder of mutton with a knife. He ate of it and then was called for prayer whereupon he got up and put down the knife and offered the prayer without performing new ablution.

Ibn Isa added: (Ibn Abbas) and AbuHurayrah said: The Messenger of Allah (saws) forbade the devil's sacrifice. AbuIsa added in his version: This refers to the slaughtered animal whose skin cut off, and is then left to die without its jugular veins being severed.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar was coming from Makka and when he was at Qudayd, news came to him from Madina and he returned and entered Makka without ihram.

Yahya related the same as that to me from Malik from Ibn Shihab.

I asked the Prophet about the game killed by a Mi'rad (i.e. a sharp-edged piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said, "If the game is killed with its sharp edge, eat of it, but if it is killed with its shaft, with a hit by its broad side then the game is (unlawful to eat) for it has been beaten to death." I asked him about the game killed by a trained hound. He said, "If the hound catches the game for you, eat of it, for killing the game by the hound, is like its slaughtering. But if you see with your hound or hounds another dog, and you are afraid that it might have shared in hunting the game with your hound and killed it, then you should not eat of it, because you have mentioned Allah's name on (sending) your hound only, but you have not mentioned it on some other hound.

I asked the Prophet, "I send off (for a game) my trained hunting dogs; (what is your verdict concerning the game they hunt?" He said, "If you send off your trained hunting dogs and mention the Name of Allah, then, if they catch some game, eat (thereof). And if you hit the game with a mi'rad (a hunting tool) and it wounds it, you can eat (it).

I asked Allah's Apostle about the Mi'rad. He said, "If you hit the game with its sharp edge, eat it, but if the Mi'rad hits the game with its shaft with a hit by its broad side do not eat it, for it has been beaten to death with a piece of wood. (i.e. unlawful)." I asked, "If I let loose my trained hound after a game?" He said, "If you let loose your trained hound after game, and mention the name of Allah, then you can eat." I said, "If the hound eats of the game?" He said "Then you should not eat of it, for the hound has hunted the game for itself and not for you." I said, "Some times I send my hound and then I find some other hound with it?" He said "Don't eat the game, as you have mentioned the Name of Allah on your dog only and not on the other."

That he saw Allah's Apostle cutting a piece of mutton from its shoulder part he was carrying in his hand. When he was called for prayer, he put it down and the knife with which he was cutting it. Then he stood up and offered the prayer without performing new ablution.

I was informed that the Prophet had said to Mu`adh, "Whosoever will meet Allah without associating anything in worship with Him will go to Paradise." Mu`adh asked the Prophet, "Should I not inform the people of this good news?" The Prophet replied, "No, I am afraid, lest they should depend upon it (absolutely).

The Prophet (saws) said: The place of assembly of the Muslims at the time of the war will be in al-Ghutah near a city called Damascus, one of the best cities in Syria.

Malik said, "It is not halal to eat any game that has been hunted in the Haram, or has had a dog set after it in the Haram and then been killed outside the Haram. Anyone that does that has to pay a forfeit for what has been hunted. However, some one that sets his dog after game outside the Haram and then follows it until it is hunted down in the Haram does not have to pay any forfeit, unless he set the dog after the game near to the Haram. The game should not be eaten, however. If he set the dog loose near the Haram then he has to pay a forfeit for the game."

I said, "O Allah's Apostle! We let loose our trained hounds after a game?" He said, "Eat what they hunt for you." I said, "Even if they killed (the game)?" He replied, 'Even if they killed (the game)." I said, 'We also hit (the game) with the Mi'rad?" He said, "Eat of the animal which the Mi'rad kills by piercing its body, but do not eat of the animal which is killed by the broad side of the Mi'rad.''

I asked Allah's Apostle. "We hunt with the help of these hounds." He said, "If you let loose your trained hounds after a game, and mention the name of Allah, then you can eat what the hounds catch for you, even if they killed the game. But you should not eat of it if the hound has eaten of it, for then it is likely that the hound has caught the game for itself. And if other hounds join your hound in hunting the game, then do not eat of it."

I said, "O Allah's Apostle! I let loose my hound after a game and mention Allah's Name on sending it." The Prophet said, "If you let loose your hound after a game and you mention Allah's Name on sending it and the hound catches and kills the game and eats of it, then you should not eat of it, for it has killed it for itself." I said, "Sometimes when I send my hound after a game, I find another hound along with it and I do not know which of them has caught the game." He said, "You must not eat of it because you have not mentioned, the Name of Allah except on sending your own hound, and you did not mention it on the other hound." Then I asked him about the game hunted with a Mi'rad (i.e. a sharp edged piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said, "If the game is killed with its sharp edge, you can eat of it, but if it is killed by its broad side (shaft), you cannot eat of it, for then it is like an animal beaten to death with a piece of wood."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).

Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."

I asked Allah's Apostle, "We hunt with these hounds." He said, "If you send your trained hounds after a game and mention Allah's Name on sending, you can eat of what they catch for you. But if the hound eats of the game, then you must not eat of it, for I am afraid that the hound caught it for itself, and if another hound joins your hounds (during the hunt), you should not eat of the game."

The Prophet said, "If you let loose your hound after a game and mention Allah's Name on sending it, and the hound catches the game and kills it, then you can eat of it. But if the hound eats of it, then you should not eat thereof, for the hound has caught it for itself. And if along with your hound, joined other hounds, and Allah's Name was not mentioned at the time of their sending, and they catch an animal and kill it, you should not eat of it, for you will not know which of them has killed it. And if you have thrown an arrow at the game and then find it (dead) two or three days later and, it bears no mark other than the wound inflicted by your arrow, then you can eat of it. But if the game is found (dead) in water, then do not eat of it."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.

Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).

Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."

Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.

Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."

Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."

Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.

It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.

I asked the Prophet (about the hunting dogs) and he replied, "If you let loose (with Allah's name) your tamed dog after a game and it hunts it, you may eat it, but if the dog eats of (that game) then do not eat it because the dog has hunted it for itself." I further said, "Sometimes I send my dog for hunting and find another dog with it. He said, "Do not eat the game for you have mentioned Allah's name only on sending your dog and not the other dog."

Ibn `Abbas said, "The Prophet slept till he snored and then prayed (or probably lay till his breath sounds were heard and then got up and prayed)." Ibn `Abbas added: "I stayed overnight in the house of my aunt, Maimuna, the Prophet slept for a part of the night, (See Fath-al-Bari page 249, Vol. 1), and late in the night, he got up and performed ablution from a hanging water skin, a light (perfect) ablution and stood up for the prayer. I, too, performed a similar ablution, then I went and stood on his left. He drew me to his right and prayed as much as Allah wished, and again lay and slept till his breath sounds were heard. Later on the Mu'adh-dhin (call maker for the prayer) came to him and informed him that it was time for Prayer. The Prophet went with him for the prayer without performing a new ablution." (Sufyan said to `Amr that some people said, "The eyes of Allah's Apostle sleep but his heart does not sleep." `Amr replied, "I heard `Ubaid bin `Umar saying that the dreams of Prophets were Divine Inspiration, and then he recited the verse: 'I (Abraham) see in a dream, (O my son) that I offer you in sacrifice (to Allah)." (37.102) (See Hadith No. 183)

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

I came to Allah's Apostle and said, "O Allah's Apostle! We are living in the land of the people of the Scripture and we take our meals in their utensils, and in the land there is game and I hunt with my bow and trained or untrained hounds; please tell me what is lawful for us of that." He said, "As for your saying that you are living in the land of the people of the Scripture and that you eat in their utensils, if you can get utensils other than theirs, do not eat in their utensils, but if you do not find (other than theirs), then wash their utensils and eat in them. As for your saying that you are in the land of game, if you hung something with your bow, and have mentioned Allah's Name while hunting, then you can eat (the game). And if you hunt something with your trained hound, and have mentioned Allah's Name on sending it for hunting then you can eat (the game). But if you hunt something with your untrained hound and you were able to slaughter it before its death, you can eat of it."

I asked Allah's Apostle about Al Mirad (i.e. a sharp-edged piece of wood or a piece of wood provided with a piece of iron used for hunting). He replied, "If the game is hit by its sharp edge, eat it, and if it is hit by its broad side, do not eat it, for it has been beaten to death." I asked, "O Allah's Apostle! I release my dog by the name of Allah and find with it at the game, another dog on which I have not mentioned the name of Allah, and I do not know which one of them caught the game." Allah's Apostle said (to him), 'Don't eat it as you have mentioned the name of Allah on your dog and not on the other dog."

Malik said, "In my opinion, and Allah knows best, nothing is taken from what comes out of mines until what comes out of them reaches a value of twenty gold dinars or two hundred silver dirhams. When it reaches that amount there is zakat to pay on it where it is on the spot. Zakat is levied on anything over that, according to how much of it there is as long as there continues to be a supply from the mine. If the vein runs out, and then after a while more becomes obtainable, the new supply is dealt with in the same way as the first, and payment of zakat on it is begun on it as it was begun on the first.

Malik said, "Mines are dealt with like crops, and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out, without waiting for a year, just as a tenth is taken from a crop at the time it is harvested, without waiting for a year to elapse over it."

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

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."

I came to the Prophet and said, "O Allah's Apostle! We are living in the land of the people of the Scripture, and we take our meals in their utensils, and there is game in that land and I hunt with my bow and with my trained hound and with my untrained hound." The Prophet said, "As for your saying that you are in the land of people of the Scripture, you should not eat in their utensils unless you find no alternative, in which case you must wash the utensils and then eat in them As for your saying that you are in the land of game, if you hunt something with your bow, mention Allah's Name (while hunting the game) and eat; and if you hunt something with your trained hound, mention Allah's Name on sending and eat; and if you hunt something with your untrained hound and get it alive, slaughter it and you can eat of it."

That the Messenger of Allah (saws) said: "Any skin tanned, then it has been made pure."

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge, they say that when the skin of a dead animal has been tanned then it has been made pure.

[Abu 'Eisa said:] Ash-Shafi'i said: "Any dead animals skin that is tanned, then it has been made pure, except for the dog and the pig." Some of the people of knowledge among the Companions of the Prophet (saws) disliked skins of predators even when tanned, and this is the view of 'Abdullah bin Al-Mubarak, Ahmad and Ishaq, and they were firm about not wearing them and performing Salat in them. Ishaq bin Ibrahim said: "The saying of the Prophet (saws):'Any skin that is tanned, then it has been made pure' only refers to the skins of animals whose meat is eaten." This is how it was explained by An-Nasr bin Shumail.

`Umar said, O Allah! Grant me martyrdom in Your cause, and let my death be in the city of Your Apostle."

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."

(the wife of the Prophet) One of our sheep died and we tanned its skin and kept on infusing dates in it till it was a worn out water skin.

Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.

Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."

Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."