The Prophet said, "If somebody on the demand of a judge takes an oath to grab (a Muslim's) property and he is liar in it, he will meet Allah Who will be angry with him". So Allah revealed,:-- 'Verily! those who purchase a small gain at the cost of Allah's Covenant and their oaths..' (3.77) 'Al- Ashath came while `Abdullah was narrating (this) to the people. Al-Ashath said, "This verse was revealed regarding me and another man with whom I had a quarrel about a well. The Prophet said (to me), "Do you have any evidence?' I replied, 'No.' He said, 'Let your opponent take an oath.' I said: I am sure he would take a (false) oath." Thereupon it was revealed: 'Verily! those who purchase a small gain at the cost of Allah's Covenant....' (3.77) (See Hadith No. 72, Vol 6).

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar.

Ishaq bin Mansur said: "I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: "I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: "I am selling it to you with the condition that I am its tailor," then there is no harm in it. And, if he said: "I am selling it to you with the condition that I am the one who bleaches it" then there is no harm in it, because this is only one condition.' And Ishaq said as he said."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar used to say, "I pray the prayerof a traveller as long as I am undecided whether to remain somewhere or not, even if I am detained for twelve nights."

Yahya related to me from Malik from Jafar ibn Muhammed ibn AIi from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, used to say, "Allah is greater" three times when he stopped on Safa, and "There is no god but Allah, alone, without any partner. To Him belong the Kingdom and praise, and He has power over everything" three times, and make dua. He would then do the same on Marwa.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

When Abu Talib was in his death bed, the Prophet went to him while Abu Jahl was sitting beside him. The Prophet said, "O my uncle! Say: None has the right to be worshipped except Allah, an expression I will defend your case with, before Allah." Abu Jahl and `Abdullah bin Umaiya said, "O Abu Talib! Will you leave the religion of `Abdul Muttalib?" So they kept on saying this to him so that the last statement he said to them (before he died) was: "I am on the religion of `Abdul Muttalib." Then the Prophet said, " I will keep on asking for Allah's Forgiveness for you unless I am forbidden to do so." Then the following Verse was revealed:-- "It is not fitting for the Prophet and the believers to ask Allah's Forgiveness for the pagans, even if they were their near relatives, after it has become clear to them that they are the dwellers of the (Hell) Fire." (9.113) The other Verse was also revealed:-- "(O Prophet!) Verily, you guide not whom you like, but Allah guides whom He will ......." (28.56)

I went along with some men from the Ash-ariyin to Allah's Apostle and it happened that I met him while he was in an angry mood. We asked him to provide us with mounts, but he swore that he would not give us any. Later on he said, "By Allah, Allah willing, if ever I take an oath (to do something) and later on I find something else better than the first, then I do the better one and give expiation for the dissolution of my oath."

I came to the Prophet at a place called Al-Batha'. The Prophet said, "Did you assume the Ihram for Hajj?" I said, "Yes," He said, "How did you express your intention (for performing Hajj)? " I said, "Labbaik (i.e. I am ready) to assume the Ihram with the same intention as that of Allah's Apostle." The Prophet said, "Perform the Tawaf around the Ka`ba and between Safa and Marwa, and then finish your Ihram." So I performed the Tawaf around the Ka`ba and between Safa and Marwa and then I came to a woman from the tribe of Qais who removed the lice from my head.

'A'isha reported that when any of the members of the household fell ill Allah's Messenger (may peace be upon him) used to blow over him by reciting Mu'awwidhatan, and when he suffered from illness of which he died I used to blow over him and rubbed his body with his hand for his hand had greater healing power than my hand.

The People of Kufa complained against Sa`d to `Umar and the latter dismissed him and appointed `Ammar as their chief . They lodged many complaints against Sa`d and even they alleged that he did not pray properly. `Umar sent for him and said, "O Aba 'Is-haq! These people claim that you do not pray properly." Abu 'Is-haq said, "By Allah, I used to pray with them a prayer similar to that of Allah's Apostle and I never reduced anything of it. I used to prolong the first two rak`at of `Isha prayer and shorten the last two rak`at." `Umar said, "O Aba 'Is-haq, this was what I thought about you." And then he sent one or more persons with him to Kufa so as to ask the people about him. So they went there and did not leave any mosque without asking about him. All the people praised him till they came to the mosque of the tribe of Bani `Abs; one of the men called Usama bin Qatada with a surname of Aba Sa`da stood up and said, "As you have put us under an oath; I am bound to tell you that Sa`d never went himself with the army and never distributed (the war booty) equally and never did justice in legal verdicts." (On hearing it) Sa`d said, "I pray to Allah for three things: O Allah! If this slave of yours is a liar and got up for showing off, give him a long life, increase his poverty and put him to trials." (And so it happened). Later on when that person was asked how he was, he used to reply that he was an old man in trial as the result of Sa`d's curse. `Abdul Malik, the sub narrator, said that he had seen him afterwards and his eyebrows were overhanging his eyes owing to old age and he used to tease and assault the small girls in the way.

Ibn 'Abbas in the explanation of the statement of Allah "Move not your tongue concerning (the Quran) to make haste therewith." (75.16) said "Allah's Apostle used to bear the revelation with great trouble and used to move his lips (quickly) with the Inspiration." Ibn 'Abbas moved his lips saying, "I am moving my lips in front of you as Allah's Apostle used to move his." Said moved his lips saying: "I am moving my lips, as I saw Ibn 'Abbas moving his." Ibn 'Abbas added, "So Allah revealed 'Move not your tongue concerning (the Qur'an) to make haste therewith. It is for Us to collect it and to give you (O Muhammad) the ability to recite it (the Quran)' (75.16-17) which means that Allah will make him (the Prophet) remember the portion of the Qur'an which was revealed at that time by heart and recite it. The statement of Allah: 'And when we have recited it to you (O Muhammad through Gabriel) then you follow its (Quran) recital' (75.18) means 'listen to it and be silent.' Then it is for Us (Allah) to make it clear to you' (75.19) means 'Then it is (for Allah) to make you recite it (and its meaning will be clear by itself through your tongue). Afterwards, Allah's Apostle used to listen to Gabriel whenever he came and after his departure he used to recite it as Gabriel had recited it."

My father said, "The Prophet said, 'If the wife of any one of you asks permission (to go to the mosque) do not forbid her."

A man came to the Prophet. The Prophet sent a messenger to his wives (to bring something for that man to eat) but they said that they had nothing except water. Then Allah's Apostle said, "Who will take this (person) or entertain him as a guest?" An Ansar man said, "I." So he took him to his wife and said to her, "Entertain generously the guest of Allah's Apostle " She said, "We have got nothing except the meals of my children." He said, "Prepare your meal, light your lamp and let your children sleep if they ask for supper." So she prepared her meal, lighted her lamp and made her children sleep, and then stood up pretending to mend her lamp, but she put it off. Then both of them pretended to be eating, but they really went to bed hungry. In the morning the Ansari went to Allah's Apostle who said, "Tonight Allah laughed or wondered at your action." Then Allah revealed: "But give them (emigrants) preference over themselves even though they were in need of that And whosoever is saved from the covetousness Such are they who will be successful." (59.9)

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

`Itban bin Malik used to lead his people (tribe) in prayer and was a blind man, he said to Allah's Apostle , "O Allah's Apostle! At times it is dark and flood water is flowing (in the valley) and I am blind man, so please pray at a place in my house so that I can take it as a Musalla (praying place)." So Allah's Apostle went to his house and said, "Where do you like me to pray?" 'Itban pointed to a place in his house and Allah's Apostle, offered the prayer there.

The Prophet (p.b.u.h) said, "Whoever intentionally swears falsely by a religion other than Islam, then he is what he has said, (e.g. if he says, 'If such thing is not true then I am a Jew,' he is really a Jew). And whoever commits suicide with piece of iron will be punished with the same piece of iron in the Hell Fire." Narrated Jundab the Prophet said, "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him."

Yahya said that Malik said, "The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods, and the agent then sells the goods for a price to be paid later, and has a profit in the transaction, then the agent dies before he has received payment, is that if his heirs want to take that money, they have their father's stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor, they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it, they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so, they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit, they are in the position of their father."

Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said, "This is obligatory on the agent. If he sells it for delayed payment, he is responsible for it."

(Usama's Maula) Usama (bin Zaid) sent me to `Ali (at Kufa) and said, "`Ali will ask you, 'What has prevented your companion from joining me?' You then should say to him, 'If you (`Ali) were in the mouth of a lion, I would like to be with you, but in this matter I won't take any part.' " Harmala added: "`Ali didn't give me anything (when I conveyed the message to him) so I went to Hasan, Hussain and Ibn Ja`far and they loaded my camels with much (wealth).

Abu Sa`id Al-Khudri told my father, "I see you liking sheep and the wilderness. So whenever you are with your sheep or in the wilderness and you want to pronounce Adhan for the prayer raise your voice in doing so, for whoever hears the Adhan, whether a human being, a jinn or any other creature, will be a witness for you on the Day of Resurrection." Abu Sa`id added, "I heard it (this narration) from Allah's Apostle."

While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Apostle!" The Prophet asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet said, "Not even an iron ring?" He Sa`d, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Qur'an (by heart)?" He said, "Yes." The Prophet said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)."

That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed of it in the same manner as Allah's Apostle used to do, and all of you (at that time) knew all about it." Then `Umar turned towards `Ali and `Abbas and said, "You both remember that Abu Bakr disposed of it in the way you have described and Allah knows that, in that matter, he was sincere, pious, rightly guided and the follower of the right. Then Allah caused Abu Bakr to die and I said, 'I am the successor of Allah's Apostle and Abu Bakr.' So I kept this property in my possession for the first two years of my rule (i.e. Caliphate and I used to dispose of it in the same wa as Allah's Apostle and Abu Bakr used to do; and Allah knows that I have been sincere, pious, rightly guided an the follower of the right (in this matte Later on both of you (i.e. `Ali and `Abbas) came to me, and the claim of you both was one and the same, O `Abbas! You also came to me. So I told you both that Allah's Apostle said, "Our property is not inherited, but whatever we leave is to be given in charity.' Then when I thought that I should better hand over this property to you both or the condition that you will promise and pledge before Allah that you will dispose it off in the same way as Allah's Apostle and Abu Bakr did and as I have done since the beginning of my caliphate or else you should not speak to me (about it).' So, both of you said to me, 'Hand it over to us on this condition.' And on this condition I handed it over to you. Do you want me now to give a decision other than that (decision)? By Allah, with Whose Permission both the sky and the earth stand fast, I will never give any decision other than that (decision) till the Last Hour is established. But if you are unable to manage it (i.e. that property), then return it to me, and I will manage on your behalf." The sub-narrator said, "I told `Urwa bin Az-Zubair of this Hadith and he said, 'Malik bin Aus has told the truth" I heard `Aisha, the wife of the Prophet saying, 'The wives of the Prophet sent `Uthman to Abu Bakr demanding from him their 1/8 of the Fai which Allah had granted to his Apostle. But I used to oppose them and say to them: Will you not fear Allah? Don't you know that the Prophet used to say: Our property is not inherited, but whatever we leave is to be given in charity? The Prophet mentioned that regarding himself. He added: 'The family of Muhammad can take their sustenance from this property. So the wives of the Prophet stopped demanding it when I told them of that.' So, this property (of Sadaqa) was in the hands of `Ali who withheld it from `Abbas and overpowered him. Then it came in the hands of Hasan bin `Ali, then in the hands of Husain bin `Ali, and then in the hands of `Ali bin Husain and Hasan bin Hasan, and each of the last two used to manage it in turn, then it came in the hands of Zaid bin Hasan, and it was truly the Sadaqa of Allah's Apostle ."

Yahya related to me from Malik from Ibn Shihab from Ibn Ukayma al-Laythi from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, finished a prayer in which he had recited aloud and asked, "Did any of you recite with me just now?" One man said, "Yes, I did, Messenger of Allah." The Messenger of Allah, may Allah bless him and grant him peace, said, "I was saying to myself, 'Why am I distracted from the Qur'an?' " When the people heard the Messenger of Allah, may Allah bless him and grant him peace, say that, they refrained from reciting with the Messenger of Allah, may Allah bless him and grant him peace, when he recited aloud.

Abu Bakr As-Siddiq sent for me when the people of Yamama had been killed (i.e., a number of the Prophet's Companions who fought against Musailima). (I went to him) and found `Umar bin Al- Khattab sitting with him. Abu Bakr then said (to me), "`Umar has come to me and said: "Casualties were heavy among the Qurra' of the Qur'an (i.e. those who knew the Qur'an by heart) on the day of the Battle of Yamama, and I am afraid that more heavy casualties may take place among the Qurra' on other battlefields, whereby a large part of the Qur'an may be lost. Therefore I suggest, you (Abu Bakr) order that the Qur'an be collected." I said to `Umar, "How can you do something which Allah's Apostle did not do?" `Umar said, "By Allah, that is a good project." `Umar kept on urging me to accept his proposal till Allah opened my chest for it and I began to realize the good in the idea which `Umar had realized." Then Abu Bakr said (to me). 'You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for (the fragmentary scripts of) the Qur'an and collect it in one book." By Allah If they had ordered me to shift one of the mountains, it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said to Abu Bakr, "How will you do something which Allah's Apostle did not do?" Abu Bakr replied, "By Allah, it is a good project." Abu Bakr kept on urging me to accept his idea until Allah opened my chest for what He had opened the chests of Abu Bakr and `Umar. So I started looking for the Qur'an and collecting it from (what was written on) palme stalks, thin white stones and also from the men who knew it by heart, till I found the last Verse of Surat at-Tauba (Repentance) with Abi Khuzaima Al-Ansari, and I did not find it with anybody other than him. The Verse is: 'Verily there has come unto you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty..(till the end of Surat-Baraa' (at-Tauba) (9.128-129). Then the complete manuscripts (copy) of the Qur'an remained with Abu Bakr till he died, then with `Umar till the end of his life, and then with Hafsa, the daughter of `Umar.

Yahya related to me from Malik from Hisham ibn Urwa that he heard a man ask Urwa ibn az-Zubayr about a man who said to his wife, "Any woman I marry along with you as long as you live will be like my mother's back to me." Urwa ibn az-Zubayr said, "The freeing of slaves is enough to release him from that."

He (Abu Hurayrah) said: I heard my friend AbulQasim (saws) say: On the Day of Resurrection Allah will raise martyrs from the mosque of al-Ashshar, who will be the only ones to rise with the martyrs of Badr.

Abu Dawud said: This mosque is near the river.

Ibn `Abbas was asked, "Did you offer the Id prayer with the Prophet?" He said, "Yes, had it not been for my close relation to the Prophet, I would not have performed it (with him) because of my being too young The Prophet came to the mark which is near the home of Kathir bin As-Salt and offered the Id prayer and then delivered the sermon. I do not remember if any Adhan or Iqama were pronounced for the prayer. Then the Prophet ordered (the women) to give alms, and they started stretching out their hands towards their ears and throats (giving their ornaments in charity), and the Prophet ordered Bilal to go to them (to collect the alms), and then Bilal returned to the Prophet.

Messenger of Allah, there are many venomous creatures and wild beasts in Medina (so allow me to pray in my house because I am blind). The Prophet (saws) said: Do you hear the call, "Come to prayer," "Come to salvation"? (He said: Yes.) Then you must come.

Abu Dawud said: Al-Qasim al-Jarmi has narrated this tradition from Sufyan in a similar manner. But his version does not contain the words "Then you must come."