That Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth had said to him, "What prevents you from speaking to your uncle `Uthman regarding his brother Al-Walid bin `Uqba?" The people were speaking against the latter for what he had done. 'Ubaidullah said, "So I kept waiting for `Uthman, and when he went out for the prayer, I said to him, 'I have got something to say to you as a piece of advice.' `Uthman said, 'O man! I seek Refuge with Allah from you. So I went away. When I finished my prayer, I sat with Al-Miswar and Ibn 'Abu Yaghutb and talked to both of them of what I had said to `Uthman and what he had said to me. They said, 'You have done your duty.' So while I was sitting with them. `Uthman's Messenger came to me. They said, 'Allah has put you to trial." I set out and when I reached `Uthman, he said, 'What is your advice which you mentioned a while ago?' I recited Tashahhud and added, 'Allah has sent Muhammad and has revealed the Holy Book (i.e. Qur'an) to him. You (O `Uthman!) were amongst those who responded to the call of Allah and His Apostle and had faith in him. And you took part in the first two migrations (to Ethiopia and to Medina), and you enjoyed the company of Allah's Apostle and learned his traditions and advice. Now the people are talking much about Al-Walid bin `Uqba and so it is your duty to impose on him the legal punishment.' `Uthman then said to me, 'O my nephew! Did you ever meet Allah's Apostle ?' I said, 'No, but his knowledge has reached me as it has reached the virgin in her seclusion.' `Uthman then recited Tashahhud and said, 'No doubt, Allah has sent Muhammad with the Truth and has revealed to him His Holy Book (i.e. Qur'an) and I was amongst those who responded to the call of Allah and His Apostle and I had faith in Muhammad's Mission, and I had performed the first two migrations as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance to him. By Allah, I never disobeyed him and never cheated him till Allah caused him to die. Then Allah made Abu Bakr Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then `Umar became Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then I became Caliph. Have I not then the same rights over you as they had over me?' I replied in the affirmative. `Uthman further said, 'The what are these talks which are reaching me from you? As for what you ha mentioned about Al-Walid bin 'Uqb; Allah willing, I shall give him the leg; punishment justly. Then `Uthman ordered that Al-Walid be flogged fort lashes. He ordered `Ali to flog him an he himself flogged him as well."

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (saws) and said: "O Messenger of Allah! Stop him (from making purchases)." So Allah's Prophet (saws) called him to prohibit him, and he said: "O Messenger of Allah! I have no patience for business." So he said: "When you are buying, say: 'Hand to hand, and no cheating.'"

[Abu 'Eisa said:] There is a narration on this topic from Ibn 'Umar.

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

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."

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

[He said:] There are narrations on this topic from Ibn 'Umar and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

[He said:] There are narrations on this topic from Ibn 'Umar and Anas.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

I heard the Messenger of Allah (saws) say: There were two men among Banu Isra'il, who were striving for the same goal. One of them would commit sin and the other would strive to do his best in the world. The man who exerted himself in worship continued to see the other in sin.

He would say: Refrain from it. One day he found him in sin and said to him: Refrain from it.

He said: Leave me alone with my Lord. Have you been sent as a watchman over me? He said: I swear by Allah, Allah will not forgive you, nor will he admit you to Paradise. Then their souls were taken back (by Allah), and they met together with the Lord of the worlds.

He (Allah) said to this man who had striven hard in worship; Had you knowledge about Me or had you power over that which I had in My hand? He said to the man who sinned: Go and enter Paradise by My mercy. He said about the other: Take him to Hell.

AbuHurayrah said: By Him in Whose hand my soul is, he spoke a word by which this world and the next world of his were destroyed.

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting, (and Allah knows better than the slave that it is an excuse for him and that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His book, 'Whoever among you is ill or on a journey (must fast) a number of other days,' and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

"A letter came from the Messenger of Allah (saws) saying: 'Do not use the skins of dead animals, nor tendons.'"

[Abu 'Eisa said:] This Hadith is Hasan. This Hadith has been related to 'Abdullah bin 'Ukaim from some Shuyukh of his, and this is not acted upon according to most of the people of knowledge. And this Hadith has been related from 'Abdullah bin 'Ukaim, that he said: "A letter came to us from the Messenger of Allah (saws) two months before he died."

He said: I heart Ahmad bin Al-Hasan saying: "Ahmad bin Hanbal followed this Hadith due to it mentioning that it was two months before he (saws) died. Then Ahmad left this Hadith because of their Idtirab in its chain, since some of them reported it, saying: 'From 'Abdullah bin 'Ukaim from some Shuyukh of his from Juhainah.'"

That the Messenger of Allah (saws) sold a saddle blanket and a drinking bowl. He (saws) said: "Who will buy saddle blanket and drinking bowl ?". So a man said: "I will take them for a Dirham." So the Prophet (saws) said: "Who will give more than a Dirham ? Who will give more that a Dirham ?" A man agreed to give him two Dirham, so he sold them to him.

[Abu 'Eisa said:] This Hadith is Hasan. We do not know of it except from the narration of Al-Akhdar bin 'Ajlan, and 'Abdullah Al-Hanafi who is reporting from Anas, is Abu Bakr Al-Hanafi.

This is acted upon according to some of the people of knowledge, they did not see any harm in auctioning the spolis of war and inheritance.

Al-Mu'tamir bin Sulaiman and others among the people of Hadith reported from Al-Akhdar bin 'Ajlan.

From Malik bin Aws bin Hadathan that he said: "I once said: 'Who can change some Dirham?' So Talhah bin 'Ubaidullah - and he was with 'Umar bin Al-Khattab - said: "Leave your gold with us, then return to us when our servant comes and we will give you your silver." 'Umar bin Al-Khattab said: "No! By Allah! Either give him his silver or return his gold to him. Indeed the Messenger of Allah (saws) said: 'Silver for gold is Riba, except for hand to hand; and wheat for wheat is Riba except for hand to hand; and barley for barley is Riba except hand to hand; and dried-dates for dried-dates is Riba except for hand to hand.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to the people of knowledge. And the meaning of Ha' Wa Ha' is hand to hand.

That the Messenger of Allah (saws) said: "When the two parties (in a deal) disagree then the seller's statement is taken as valid, and the purchaser retains the option."

[Abu 'Eisa said:] This Hadith is Mursal. 'Awn bin 'Abdullah did not see Ibn Mas'ud. This Hadith has also been reported from Al-Qasim bin 'Abdur-Rahman, from Ibn Mas'ud from the Prophet (saws). But it also Mursal.

[Abu 'Eisa said:] Ishaq bin Mansur said: "I said to Ahmad: what if when the two parties disagree and there is no proof (what is done)?' He said: 'The saying of the owner of the merchandise is taken as valid or they both refuse.' And Ishaq said as he did, and that in every case where his saying is taken, he must swear.'"

[Abu 'Eisa said:] Similar to this has been reported from some of the people of knowledge among the Tabi'in, Shuraih is among those.

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Ikrimah said: A group of people from Iraq said: Ibn Abbas, what is your opinion about the verse in which we have been commanded whatever we have been commanded, but no one acts upon it? The word of Allah, Most High, reads: "O ye who believe! Let those whom your right hands possess, and the (children) among you, who have not come of age, ask your permission (before) they enter your presence on three occasions: before morning prayer, while you are undressing for the noonday heat, and after late-night prayer. These are your three times of undress; outside those times it is not wrong for you or for them to move about."

Al-Qa'nabi recited the verse up to "full of knowledge and wisdom".

Ibn Abbas said: Allah is Most Clement and Most Merciful to the believers. He loves concealment. The people had neither curtains nor curtained canopies in their houses. Sometimes a servant, a child or a female orphan of a man entered while the man was having sexual intercourse with his wife. So Allah commanded them to ask permission in those times of undress. Then Allah brought them curtains and all good things. But I did not see anyone following it after that.

Abu Dawud said: The tradition of 'Ubaid Allah and of 'Ata, weakens this tradition.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."