The Prophet decreed that one should not try to cancel a bargain already agreed upon between some other persons (by offering a bigger price). And a man should not ask for the hand of a girl who is already engaged to his Muslim brother, unless the first suitor gives her up, or allows him to ask for her hand.

[Abu Dawud and At-Tirmidhi].

[Abu Dawud, with a sound chain].

The narration in At-Tirmidhi is: The Messenger of Allah (PBUH) was asked: "O Messenger of Allah! When two persons meet, who should greet the other first?'' The Messenger of Allah (PBUH) said, "The person nearest to Allah (i.e., one who is more obedient and therefore closer to Allah will say: As-Salam first)."

We came upon the Messenger of Allah (saws) in a deputation of Thaqif. The signatories of the pact came to al-Mughirah ibn Shu'bah as his guests. The Messenger of Allah (saws) made Banu-Malik stay in a tent of his.

Musaddad's version says: He was in the deputation of Thaqif which came to the Messenger of Allah (saws). He used to visit and have a talk with us every day after the night prayer.

The version of AbuSa'id says: He remained standing for such a long time (talking to us) that he put his weight sometimes on one leg and sometimes on the other due to his long stay. He mostly told us how his people, the Quraysh, behaved with him.

He would say: We were not equal; we were weak and degraded at Mecca (according to Musaddad's version). When we came over to Medina the fighting began between us; sometimes we overcome them and at other times they overcome us. One night he came late and did not come at the time he used to come.

We asked him: You came late tonight? He said: I could not recite the fixed part of the Qur'an that I used to recite every day. I disliked to come till I had completed it.

Aws said: I asked the companions of the Messenger of Allah (saws): How do you divide the Qur'an for daily recitation? They said: Three surahs, five surahs, eleven surahs, thirteen surahs' mufassal surahs.

Abu Dawud said: The version of Abu Sa'id is complete.

(the freed slave of 'Umar bin 'Ubaidullah) I was Umar's clerk. Once Abdullah bin Abi Aufa wrote a letter to 'Umar when he proceeded to Al-Haruriya. I read in it that Allah's Apostle in one of his military expeditions against the enemy, waited till the sun declined and then he got up amongst the people saying, "O people! Do not wish to meet the enemy, and ask Allah for safety, but when you face the enemy, be patient, and remember that Paradise is under the shades of swords." Then he said, "O Allah, the Revealer of the Holy Book, and the Mover of the clouds and the Defeater of the clans, defeat them, and grant us victory over them."

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

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."

Allah has cursed those women who practise tattooing or get it done for themselves, and those who remove hair from their faces, and those who create spaces between their teeth artificially to look beautiful, such ladies as change the features created by Allah. Why then shall I not curse those whom Allah's Apostle has cursed and who are cursed in Allah's Book too?

(The tribes of) Ril, Dhakwan, 'Usaiya and Bani Lihyan asked Allah's Apostle to provide them with some men to support them against their enemy. He therefore provided them with seventy men from the Ansar whom we used to call Al-Qurra' in their lifetime. They used to collect wood by daytime and pray at night. When they were at the well of Ma'una, the infidels killed them by betraying them. When this news reached the Prophet , he said Al-Qunut for one month In the morning prayer, invoking evil upon some of the 'Arab tribes, upon Ril, Dhakwan, 'Usaiya and Bani Libyan. We used to read a verse of the Qur'an revealed in their connection, but later the verse was cancelled. It was: "convey to our people on our behalf the information that we have met our Lord, and He is pleased with us, and has made us pleased." (Anas bin Malik added:) Allah's Prophet said Qunut for one month in the morning prayer, invoking evil upon some of the 'Arab tribes (namely), Ril, Dhakwan, Usaiya, and Bani Libyan. (Anas added:) Those seventy Ansari men were killed at the well of Mauna.

While we were with the Prophet , a man stood up and said (to the Prophet ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Apostle) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.

The Prophet (saws) said: Its (Medina's) fresh grass is not to be cut, its game is not to be driven away, and things dropped in it are to be picked up by one who publicly announces it, and it is not permissible for any man to carry weapons in it for fighting, and it is not advisable that its trees are cut except what a man cuts for the fodder of his camel.

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

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."

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

The Prophet said, "The best among you (Muslims) are those who learn the Qur'an and teach it."

I asked Aba Salama bin `Abdur-Rahman about the first Sura revealed of the Qur'an. He replied "O you, wrapped-up (i.e. Al Muddaththir)." I said, "They say it was, 'Read, in the Name of your Lord Who created,' (i.e. Surat Al-`Alaq (the Clot)." On that, Abu Salama said, "I asked Jabir bin `Abdullah about that, saying the same as you have said, whereupon he said, 'I will not tell you except what Allah's Apostle had told us. Allah's Apostle said, "I was in seclusion in the cave of Hiram', and after I completed the limited period of my seclusion. I came down (from the cave) and heard a voice calling me. I looked to my right, but saw nothing. Then I looked up and saw something. So I went to Khadija (the Prophet's wife) and told her to wrap me up and pour cold water on me. So they wrapped me up and poured cold water on me." Then, 'O you, (Muhammad) wrapped up! Arise and warn,' (Surat Al Muddaththir) was revealed." (74.1)

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

"I heard the Messenger of Allah (saws) saying, 'There are two eyes that shall not be touched by the Fire: An eye that wept from the fear of Allah, and an eye that spent the night standing on guard in the cause of Allah."

[Abu 'Eisa said:] There are narrations on this topic from 'Uthman and Abu Raihanah.

The Hadith of Ibn 'Abbas is a Hasan Gharib Hadith, we do not know of it except through the narration of Shu'aib bin Ruzaiq.

Abu Jahl said, "O Allah! If this (Qur'an) is indeed the Truth from You), then rain down on us a shower of stones from the sky or bring on us a painful punishment." So there was revealed:-- 'But Allah would not punish them while you (Muhammad) were amongst them, nor will He punish them while they seek (Allah's) Forgiveness. And why Allah should not punish them while they stop (men) from Al-Masjid-al-Haram ..' (8.33-34)

Once the Messenger of Allah (saws) intended to go on an expedition. He said: O group of the emigrants (Muhajirun) and the helpers (Ansar), among your brethren there are people who have neither property nor family. So one of you should take with him two or three persons; with me. I also rode on my camel by turns like one of them.

"The Messenger of Allah (saws) was asked about fat, cheese, and furs, so he said: 'The lawful is what Allah made lawful in His Book, the unlawful is what Allah made unlawful in his Book, and what He was silent about; then it is among that for which He has pardoned.'"

[Abu 'Eisa said:] There is something on this topic from Al-Mughirah, and this Hadith is Gharib, we do not know of it being Marfu' except from this route. Sufyan and others reported it from Sulaiman At-Taimi, from Abu 'Uthman, from Salman as his own saying. It is as if the Mawquf narration is more correct. I asked Al-Bukhari about this Hadith and he said: 'I do not think it is preserved. Sufyan reported it from Sulaiman At-Taimi from Abu 'Uthman, from Salman in Mawquf form.' Al-Bukhari said: "Saif bin Harun is Muqarib (Average) in Hadith, and as for Saif bin Muhammad from 'Asim, his narrations are left."

He also said, "If people knew what there was in the call to prayer and the first row, and they could find no other way except to draw lots for it, they would draw lots for it. And if they knew what there was in doing dhuhr at its time, they would race each other to it. And if they knew what there was in the prayers of isha and maghrib, they would come to them even if they had to crawl .

Aisha the wife of the Prophet, said, "Allah's Apostle used to examine the believing women who migrated to him in accordance with this Verse: 'O Prophet! When believing women come to you to take the oath of allegiance to you... Verily! Allah is Oft-Forgiving Most Merciful.' (60.12) `Aisha said, "And if any of the believing women accepted the condition (assigned in the above-mentioned Verse), Allah's Apostle would say to her. "I have accepted your pledge of allegiance." "He would only say that, for, by Allah, his hand never touched, any lady during that pledge of allegiance. He did not receive their pledge except by saying, "I have accepted your pledge of allegiance for that."

Allah's Apostle said, "Allah will gather all the people on the Day of Resurrection and they will say, 'Let us request someone to intercede for us with our Lord so that He may relieve us from this place of ours.' Then they will go to Adam and say, 'You are the one whom Allah created with His Own Hands, and breathed in you of His soul, and ordered the angels to prostrate to you; so please intercede for us with our Lord.' Adam will reply, 'I am not fit for this undertaking, and will remember his sin, and will say, 'Go to Noah, the first Apostle sent by Allah' They will go to him and he will say, 'I am not fit for this undertaking', and will remember his sin and say, 'Go to Abraham whom Allah took as a Khalil. They will go to him (and request similarly). He will reply, 'I am not fit for this undertaking,' and will remember his sin and say, 'Go to Moses to whom Allah spoke directly.' They will go to Moses and he will say, 'I am not fit for this undertaking,' and will remember his sin and say, 'Go to Jesus.' They will go to him, and he will say, 'I am not fit for this undertaking, go to Muhammad as Allah has forgiven his past and future sins.' They will come to me and I will ask my Lord's permission, and when I see Him, I will fall down in prostration to Him, and He will leave me in that state as long as (He) Allah will, and then I will be addressed. 'Raise up your head (O Muhammad)! Ask, and your request will be granted, and say, and your saying will be listened to; intercede, and your intercession will be accepted.' Then I will raise my head, and I will glorify and praise my Lord with a saying(i.e. invocation) He will teach me, and then I will intercede, Allah will fix a limit for me (i.e., certain type of people for whom I may intercede), and I will take them out of the (Hell) Fire and let them enter Paradise. Then I will come back (to Allah) and fall in prostration, and will do the same for the third and fourth times till no-one remains in the (Hell) Fire except those whom the Qur'an has imprisoned therein." (The sub-narrator, Qatada used to say at that point, "...those upon whom eternity (in Hell) has been imposed.") (See Hadith No. 3, Vol 6).

We used to say in the prayer: 'AsSalam be on Allah, As-Salam be on so-and so.' So one day the Prophet said to us, "Allah Himself is As-Salam; when anyone of you sits during his prayer, he should say: 'at-tah, iyyatu-li l-lahi,' up to 'As-Salihin,' (All the compliments are for Allah ...righteous people) for when he recites this, then he says his Salam to all the righteous people present in the heavens and on the earth. Then he should say, 'I testify that none has the right to be worshipped except Allah, and that Muhammad is His slave and His Apostle,' and then he can select whatever he likes to celebrate (Allah's) Praises."

Allah's Apostle I said, "Not to wish to be the like of except two men: A man whom Allah has taught the Qur'an and he recites it during the hours of the night and during the hours of the day, and his neighbor listens to him and says, 'I wish I had been given what has been given to so-and-so, so that I might do what he does; and a man whom Allah has given wealth and he spends it on what is just and right, whereupon an other man May say, 'I wish I had been given what so-and-so has been given, for then I would do what he does."

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing, is that the child of the half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternal half- brother of the father, the maternal uncle, the great-grandmother who is the mother of the mother's father, the daughter of the full- brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship."

Malik said, "The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anything apart from those that are named in the Qur'an. Allah, the Blessed, the Exalted, mentioned in His Book the inheritance ofthe mother from her children, the inheritance of the daughters from their father, the inheritance of the wife from her husband, the inheritance of the full sisters, the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet, may Allah bless him and grant him peace, made about her. A woman inherits from a slave she frees herself because Allah, the Blessed, the Exalted, said in His Book, 'They are your brothers in the deen and your mawali.' "

The Prophet (saws) said: A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover.