Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."

We entered upon Ibn `Abbas and he said "Are you not astonished at Ibn Az-Zubair's assuming the caliphate?" I said (to myself), "I will support him and speak of his good traits as I did not do even for Abu Bakr and `Umar though they were more entitled to receive al I good than he was." I said "He (i.e Ibn Az-Zubair) is the son of the aunt of the Prophet and the son of AzZubair, and the grandson of Abu Bakr and the son of Khadija's brother, and the son of `Aisha's sister." Nevertheless, he considers himself to be superior to me and does not want me to be one of his friends. So I said, "I never expected that he would refuse my offer to support him, and I don't think he intends to do me any good, therefore, if my cousins should inevitably be my rulers, it will be better for me to be ruled by them than by some others."

Allah's Apostle forbade two ways of wearing clothes and two kinds of dealings. (A) He forbade the dealings of the Mulamasa and the Munabadha. In the Mulamasa transaction the buyer just touches the garment he wants to buy at night or by daytime, and that touch would oblige him to buy it. In the Munabadha, one man throws his garment at another and the latter throws his at the former and the barter is complete and valid without examining the two objects or being satisfied with them (B) The two ways of wearing clothes were Ishtimal-as-Samma, i e., to cover one's shoulder with one's garment and leave the other bare: and the other way was to wrap oneself with a garment while one was sitting in such a way that nothing of that garment would cover one's private part.

Allah's Apostle said, "Inform me of a tree which resembles a Muslim, giving its fruits at every season by the permission of its Lord, and the leaves of which do not fall." I thought of the date-palm tree, but I disliked to speak because Abu Bakr and `Umar were present there. When nobody spoke, the Prophet said, "It is the date-palm tree" When I came out with my father, I said, "O father! It came to my mind that it was the date-palm tree." He said, "What prevented you from saying it?" Had you said it, it would have been more dearer to me than such-and-such a thing (fortune)." I said, "Nothing prevented me but the fact that neither you nor Abu Bakr spoke, so I disliked to speak (in your presence).

(The clerk of Al-Mughira) Muawiya wrote to Al-Mughira 'Write to me what you have heard from Allah's Apostle.' So he (Al-Mughira) wrote to him: Allah's Prophet used to say at the end of each prayer: "La ilaha illalla-h wahdahu la sharika lahu, lahul Mulku, wa lahul Hamdu wa hula ala kulli shai'in qadir. 'Allahumma la mani' a lima a'taita, wala mu'tiya lima mana'ta, wala yanfa'u dhuljadd minkal-jadd." He also wrote to him that the Prophet used to forbid (1) Qil and Qal (idle useless talk or that you talk too much about others), (2) Asking too many questions (in disputed Religious matters); (3) And wasting one's wealth by extravagance; (4) and to be undutiful to one's mother (5) and to bury the daughters alive (6) and to prevent your favors (benevolence to others (i.e. not to pay the rights of others (7) And asking others for something (except when it is unavoidable).

Sa`d bin 'Ubada said, "If I saw a man with my wife, I would strike him (behead him) with the blade of my sword." This news reached Allah's Apostle who then said, "You people are astonished at Sa`d's Ghira. By Allah, I have more Ghira than he, and Allah has more Ghira than I, and because of Allah's Ghira, He has made unlawful Shameful deeds and sins (illegal sexual intercourse etc.) done in open and in secret. And there is none who likes that the people should repent to Him and beg His pardon than Allah, and for this reason He sent the warners and the givers of good news. And there is none who likes to be praised more than Allah does, and for this reason, Allah promised to grant Paradise (to the doers of good)." `Abdul Malik said, "No person has more Ghira than Allah."

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

I asked `Aisha, "How is the prayer of Allah's Apostle during the month of Ramadan." She said, "Allah's Apostle never exceeded eleven rak`at in Ramadan or in other months; he used to offer four rak`at-- do not ask me about their beauty and length, then four rak`at, do not ask me about their beauty and length, and then three rak`at." Aisha further said, "I said, 'O Allah's Apostle! Do you sleep before offering the witr prayer?' He replied, 'O `Aisha! My eyes sleep but my heart remains awake'!"

"Abdul Majid bin Wahb narrated to us, he said: 'Al-'Adda' bin Khalid bin Hawdhah said to me: "Shall I not read to you a letter that was written for me from the Messenger of Allah (saws) ?'" He said: 'I said: "Of course." So he took out a letter for me: "This is what Al-'Adda' bin Khalid bin Hawdhah purchased from Muhammad, the Messenger of Allah (saws): He purchased from him a slave' - or - 'a female slave, having no ailments, nor being a runaway, nor having any malicious behavior. Sold by a Muslim to a Muslim.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from 'Abbad bin Laith. More than one of the people of Hadith have reported this Hadith from him.

That the Prophet (saws) said: "Whoever buys food, then he is not to sell it until he takes possession of it." Ibn 'Abbas said: "All things are considered the same (in this regard)."

[He said:] There are narrations on this topic from Jabir, Ibn 'Umar, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith.

Al-`Aqib and Saiyid, the rulers of Najran, came to Allah's Apostle with the intention of doing Lian one of them said to the other, "Do not do (this Lian) for, by Allah, if he is a Prophet and we do this Lian, neither we, nor our offspring after us will be successful." Then both of them said (to the Prophet ), "We will give what you should ask but you should send a trustworthy man with us, and do not send any person with us but an honest one." The Prophet said, "I will send an honest man who Is really trustworthy." Then every one of the companions of Allah's Apostle wished to be that one. Then the Prophet said, "Get up, O Abu 'Ubaida bin Al-Jarrah." When he got up, Allah's Apostle said, "This is the Trustworthy man of this (Muslim) nation."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar used to say, "Someone in ihram may neither get married, nor arrange a marriage for himself or others."

It was narrated that ‘Abul-`Ajfa` as-Sulami said: I heard ‘Umar say: Do not make women`s dowries expensive,... and he mentioned the same hadeeth.

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say that a woman in ihram should wear neither a veil nor gloves.

The Prophet (saws) said: When your brethren were smitten at the battle of Uhud, Allah put their spirits in the crops of green birds which go down to the rivers of Paradise, eat its fruit and nestle in lamps of gold in the shade of the Throne. Then when they experienced the sweetness of their food, drink and rest, they asked: Who will tell our brethren about us that we are alive in Paradise provided with provision, in order that they might not be disinterested in jihad and recoil in war? Allah Most High said: I shall tell them about you; so Allah sent down; "And do not consider those who have been killed in Allah's path." till the end of the verse.

I came to Utbah ibn AbdusSulami and said: AbulWalid, I went out seeking sacrificial animals. I did not find anything which attracted me except an animal whose teeth have fallen. So I abominated it. What do you say (about it)? He said: Why did you not bring it to me? He said: Glory be to Allah: Is if lawful for you and not lawful for me? He said: Yes, you doubt and I do not doubt. The Messenger of Allah (saws) has forbidden an animal whose ear has been uprooted so much so that its hole appears (outwardly), and an animal whose horn has broken from the root, and an animal which has totally lost the sight of its eye, and an animal which is so thin and weak that it cannot go with the herd, and an animal with a broken leg.

The Messenger of Allah (saws) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.

Abu Dawud said: If they violate any provision of the treaty, they will be deemed as bringing something new.

The Messenger of Allah (saws) said: Gold is to be paid for with gold, raw and coined, silver with silver, raw and coined (in equal weight), wheat with wheat in equal measure, barley with barley in equal measure, dates with dates in equal measure, salt by salt with equal measure; if anyone gives more or asks more, he has dealt in usury. But there is no harm in selling gold for silver and silver (for gold), in unequal weight, payment being made on the spot. Do not sell them if they are to be paid for later. There is no harm in selling wheat for barley and barley (for wheat) in unequal measure, payment being made on the spot. If the payment is to be made later, then do not sell them.

Abu Dawud said: This tradition has also been transmitted by Sa'id b. Abi 'Arubah, Hisham al-Dastawa'i and Qatadah from Muslim b. Yasar through his chain.

Abu Dawud said: This tradition has also been transmitted by 'Abd al-A'la from Ibn Ishaq who said: Abu Majidah is a man of Banu Sahm narrating from 'Umar b. al-Khattab.

He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Messenger of Allah (saws).

He asked: (What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah (saws) and in Allah's Book?

He replied: I shall do my best to form an opinion and I shall spare no effort.

The Messenger of Allah (saws) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.

Aban ibn Uthman said: I heard Uthman ibn Affan (his father) say: I heard the Messenger of Allah (saws) say: If anyone says three times: "In the name of Allah, when Whose name is mentioned nothing on Earth or in Heaven can cause harm, and He is the Hearer, the Knower" he will not suffer sudden affliction till the morning, and if anyone says this in the morning, he will not suffer sudden affliction till the evening.

Aban was afflicted by some paralysis and when a man who heard the tradition began to look at him, he said to him: Why are you looking at me? I swear by Allah, I did not tell a lie about Uthman, nor did Uthman tell a lie about the Prophet (saws), but that day when I was afflicted by it, I became angry and forgot to say them.

I or somebody, asked Allah's Apostle "Which is the biggest sin in the Sight of Allah?" He said, "That you set up a rival (in worship) to Allah though He Alone created you." I asked, "What is next?" He said, "Then, that you kill your son, being afraid that he may share your meals with you." I asked, "What is next?" He said, "That you commit illegal sexual intercourse with the wife of your neighbor." Then the following Verse was revealed to confirm the statement of Allah's Apostle: "Those who invoke not with Allah, any other god, nor kill life as Allah has forbidden except for just cause, nor commit illegal sexual intercourse." (25.68)