Allah's Apostle forbade (1) the meeting of the caravan (of goods) on the way, (2) and that a residing person buys for a bedouin, (3) and that a woman stipulates the divorce of the wife of the would-be husband, (4) and that a man tries to cause the cancellation of a bargain concluded by another. He also forbade An-Najsh (see Hadith 824) and that one withholds the milk in the udder of the animal so that he may deceive people on selling it.

On his father's authority, said that his grandfather told that the Messenger of Allah (saws) forbade the type of transactions in which earnest money was paid.

Malik said: This means, as we think--Allah better knows-that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours.

I heard Allah's Apostle saying, Allah divided Mercy into one hundred parts. He kept ninety nine parts with Him and sent down one part to the earth, and because of that, its one single part, His Creations are merciful to each other, so that even the mare lifts up its hoofs away from its baby animal, lest it should trample on it."

Three persons were brought to Ali (Allah be pleased with him) when he was in the Yemen. They and sexual intercourse with a woman during a single state of purity. He asked two of them: Do you acknowledge this child for this (man)? They replied: No. He then put this (question) to all of them. Whenever he asked two of them, they replied in the negative. He, therefore, cast a lot among them, and attributed the child to the one who received the lot. He imposed two-third of the blood-money (i.e. the price of the mother) on him. This was then mentioned to the Prophet (saws) and he laughed so much that his molar teeth appeared.

The Prophet said, "An adulterer, at the time he is committing illegal sexual intercourse is not a believer; and a person, at the time of drinking an alcoholic drink is not a believer; and a thief, at the time of stealing, is not a believer." Ibn Shihab said: `Abdul Malik bin Abi Bakr bin `Abdur-Rahman bin Al- Harith bin Hisham told me that Abu Bakr used to narrate that narration to him on the authority of Abu Huraira. He used to add that Abu Bakr used to mention, besides the above cases, "And he who robs (takes illegally something by force) while the people are looking at him, is not a believer at the time he is robbing (taking).

Abu Jamra said, "I was an interpreter between Ibn 'Abbas and the people." Some people said, "A ruler should have two interpreters."

Yahya related to me from Malik from Yahya ibn Said from Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a man who divorced his wife three times before he had had intercourse with her Ata said, "The divorce of the virgin is one. Abdullah ibn Amr ibn al-As said to me, 'You say one pronouncement separates her and three makes her haram until she has married another husband.' "

Ibn ‘Abbas reported the Prophet (May peace be upon him) as saying; when a man has intercourse with his wife while she is menstruating, he must give half a dinar in alms.

Abu Dawud said; ‘Ali b. Budhaimah reported similarly on the authority of Miqsam from the Prophet (May peace be upon him). Al-Awza’I narrated from Yazid b. Abi Malik, from ‘Abd al-Hamid b. ‘Abd al-Rahman from the Prophet (May peace be upon him); He ordered him to give two fifth of a dinar in alms. But this is a chain where two narrators (Miqsam and Ibn ‘Abbas) are missing.

Um Haram said, "Once the Prophet slept in my house near to me and got up smiling. I said, 'What makes you smile?' He replied, 'Some of my followers who (i.e. in a dream) were presented to me sailing on this green sea like kings on thrones.' I said, 'O Allah's Apostle! Invoke Allah to make me one of them." So the Prophet invoked Allah for her and went to sleep again. He did the same (i.e. got up and told his dream) and Um Haran repeated her question and he gave the same reply. She said, "Invoke Allah to make me one of them." He said, "You are among the first batch." Later on it happened that she went out in the company of her husband 'Ubada bin As-Samit who went for Jihad and it was the first time the Muslims undertook a naval expedition led by Mu awiya. When the expedition came to an end and they were returning to Sham, a riding animal was presented to her to ride, but the animal let her fall and thus she died.

Yahya related to me from Malik from Ibn Himas from his paternal uncle from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina will be left in the best way that it is until a dog or wolf enters it and urinates on one of the pillars of the mosque or on the mimbar." They asked, "Messenger of Allah! Who will have the fruit at that time?" He replied, "Animals seeking food, birds and wild beasts."

(the wife of the Prophet) I said, "O Allah's Apostle! Why have the people finished their Ihram after performing the `Umra while you have not finished your lhram after your `Umra?" He said, "I have done Talbid (of my hair) and have decorated my Hadis with garlands, so I shall not finish my lhram till l have slaughtered my Hadi (animal for sacrifice).

I heard Allah's Apostle saying, "'Aqiqa is to be offered for a (newly born) boy, so slaughter (an animal) for him, and relieve him of his suffering."

Narrated Habib bin Ash-Shahid:

Ibn Seereen told me to ask Al-Hassan from whom he had heard the narration of 'Aqiqa. I asked him and he said, "From Samura bin Jundab."

Yahya related to me from Malik from Nafi and Abdullah ibn Dinar from Abdullah ibn Umar that Umar ibn al-Khattab said, "When someone has stoned the jamra and shaved his head or cut off some of his hair and sacrificed an animal, whatever was haram for him becomes halal, except women and scent, (which remain haram for him) until he has done tawaf of the House."

Anas b. Malik (Allah be pleased wish him) reported that Allah's Messenger (may peace be upon him) came to Mina; he went to the Jamra and threw pebbles at it, after which he went to his lodging in Mina, and sacrificed the animal. He then called for a barber and, turning his right side to him, let him shave him; after which he tiimed his left side. He then gave (these hair) to the people.

That a bedouin told him that he brought a milch she-camel in the time of the Messenger of Allah (saws). He alighted with Talhah ibn Ubaydullah (and wanted to sell his milch animal to him). He said: The Prophet (saws) forbade a townsman to sell for a man from the desert. But go to the market and see who buys from you. consult me thereafter, and then I shall ask you (to sell) or forbid you.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, saw a man driving forward a camel which he was going to sacrifice, and he told him to ride it. The man said, "Messenger of Allah, it is an animal that I am going to sacrifice," and he replied, "Ride it, woe on you," either the second or the third time.

that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . `Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."

I witnessed the case of Lian (the case of a man who charged his wife for committing illegal sexual intercourse when I was fifteen years old. The Prophet ordered that they be divorced, and the husband said, "If I kept her, I would be a liar." I remember that Az-Zubair also said, "(It was said) that if that woman brought forth the child with such-and-such description, her husband would prove truthful, but if she brought it with such-and-such description looking like a Wahra (a red insect), he would prove untruthful." I heard Az-Zubair also saying, "Finally she gave birth to a child of description which her husband disliked .

I, along with a group of people, gave the pledge of allegiance to Allah's Apostle. He said, "I take your Pledge on the condition that you (1) will not join partners in worship with Allah, (2) will not steal, (3) will not commit illegal sexual intercourse, (4) will not kill your offspring, (5) will not slander, (6) and will not disobey me when I order you to do good. Whoever among you will abide by his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the punishment in this world, that punishment will be an expiation for his sins and purification; but if Allah screens him, then it will be up to Allah to punish him if He will or excuse Him, if He will."

I asked `Uthman bin `Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. `Uthman replied, "He should perform ablution like that for the prayer after washing his private parts." `Uthman added, "I heard that from Allah's Apostle." I asked `Ali bin Abi Talib, Az- Zubair bin Al-`Awwam, Talha bin 'Ubaidullah and Ubai bin Ka`b and they gave the same reply. (Abu Aiyub said that he had heard that from Allah's Apostle ) (This order was canceled later on so one has to take a bath. See, Hadith No. 180).

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Hisham said : No sacrificial animal was offered during all this time.

In the version of Hammad bin Salamah, the narrator Musa added when the night of al-Batha came Ai’ shah was purified.

The Prophet (saws) said: Eat what ever is caught for you by a dog or a hawk you have trained and set off when you have mentioned Allah's name. I said: (Does this apply) if it killed (the animal)? He said: When it kills it without eating any of it, for it caught it only for you.

Abu Dawud said: If a hawk eats any of it, there is no harm (in eating it). If a dog eats it, it is disapproved (to eat the meat). If it drinks blood, there is no harm (in eating it).

that his grandfather. `Abdullah bin Hisham used to take him from the market or to the market (the narrator is in doubt) and used to buy grain and when Ibn Az-Zubair and Ibn `Umar met him, they would say to him, "Let us be your partners (in trading) as the Prophet invoked for Allah's blessing upon you." He would then take them as partners and he would Sometimes gain a whole load carried by an animal which he would send home.

Anas said, "Whenever Allah's Apostle returned from a journey, he, on seeing the high places of Medina, would make his she-camel proceed faster; and if it were another animal, even then he used to make it proceed faster." Narrated Humaid that the Prophet used to make it proceed faster out of his love for Medina.

Narrated Anas:

As above, but mentioned "the walls of Medina" instead of "the high places of Medina." Al-Harith bin `Umar agrees with Anas.

Yahya related to me from Malik that Yahya ibn Said used to hear Said ibn al-Musayyab say, "Anyone that does umra in Shawwal, Dhu'l-Qada or Dhu l-Hijja, and then stays in Makka until it is time for the 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."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Said ibn Jubayr that Abdullah ibn Abbas said, "If someone forgets anything of the rituals or omits them intentionally, he must slaughter an animal." Ayyub added "I do not know if he said 'Omits' or 'forgets'."

Malik said, "If it is a hady that has to be slaughtered it may only be done in Makka, but if it is a sacrifice, it may be slaughtered wherever the one who owes the sacrifice prefers."

"The Prophet (saws) prohibited drinking while standing."

And there are narrations on this topic from Abu Sa'eed, Abu Hurairah, and Anas. And this Hadith is Hasan Gharib. This Hadith was reported from other narrators, from Sa'eed, from Qatadah, from Abu Muslim, from Al-Jarud, that the Prophet (saws) said: "The Muslim's wandering (animal) stirs the Fire." Al-Jarud bin Al-Mu'alla is called Ibn Al-'Al' but what is correct is Al-Mu'alla.

The Prophet said, "Don't keep camels and sheep unmilked for a long time, for whoever buys such an animal has the option to milk it and then either to keep it or return it to the owner along with one Sa of dates." Some narrated from Ibn Seereen (that the Prophet had said), "One Sa of wheat, and he has the option for three days." And some narrated from Ibn Seereen, " ... a Sa of dates," not mentioning the option for three days. But a Sa of dates is mentioned in most narrations.

That she said, "O Allah's Apostle! Your companions are returning with the reward of both Hajj and `Umra, while I am returning with (the reward of) Hajj only." He said to her, "Go, and let `Abdur- Rahman (i.e. your brother) make you sit behind him (on the animal)." So, he ordered `AbdurRahman to let her perform `Umra from Al-Tan`im. Then the Prophet waited for her at the higher region of Mecca till she returned.

That they were in the company of Allah's Apostle on the day of Al-Hudaibiya and their number was 1400 or more. They camped at a well and drew its water till it was dried. When they informed Allah's Apostle of that, he came and sat over its edge and said, "Bring me a bucket of its water." When it was brought, he spat and invoked (Allah) and said, "Leave it for a while." Then they quenched their thirst and watered their riding animals (from that well) till they departed.

A woman from the tribe of Khath'am asked for the verdict of Allah's Apostle (regarding something) during Hajjat-ul-Wada` while Al-Fadl bin `Abbas was the companion-rider behind Allah's Apostle. She asked, "Allah's ordained obligation (i.e. compulsory Hajj) enjoined on His slaves has become due on my old father who cannot sit firmly on the riding animal. Will it be sufficient if I perform the Hajj on his behalf?" He said, "Yes."

On the authority of his father: We were with a man from the Companions of the Prophet (saws) called Mujashi' who belonged to Banu Sulaim. There was a scarcity if goats (in those days). He commanded a man to announce (among the people); so he announced that the Messenger of Allah (saws) used to say: A lamb may be given as full payent for that for which has full-grown animal is payment.

Abu Dawud said: His name is Mujashi' b. Mas'ud.

The Prophet (saws) said: In the morning alms are due from every bone in man's fingers and toes. Salutation to everyone he meets is alms; enjoining good is alms; forbidding what is disreputable is alms; removing what is harmful from the road is alms; having sexual intercourse with his wife is alms. The people asked: He fulfils his desire, Messenger of Allah; is it alms? He replied: Tell me if he fulfilled his desire where he had no right, would he commit a sin ? He then said: Two rak'ahs which one prays in the forenoon serve instead of all that.

Abu Dawud said: Hammad did not mention enjoining good and forbidding what is disreputable.

Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "