Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on ...

That he asked Sa`id bin Jubair regarding (the statement of Allah). 'Move not your tongue concerning (the Qur'an) to make haste therewith.' He said, "Ibn `Abbas said that the Prophet used to move his lips when the Divine Inspiration was being revealed to him. So the Prophet was ordered not to move his tongue, which he used to do, lest some words should escape his memory. 'It is for Us to collect it' means, We will collect it in your chest;' and its recitation' means, We will make you recite it. 'But when We recite it (i.e. when it is revealed to you), follow its recital; it is for Us to explain it and make it clear,' (i.e. We will explain it through your tongue).

The delegates of `Abdul Qais came to Allah's Apostle and said, "The pagans of the tribe of Mudar intervene between you and us therefore we cannot come to you except in the Holy months. So please order us to do something good (Religious deeds) by which we may enter Paradise (by acting on them) and we may inform our people whom we have left behind to observe it." The Prophet said, "I order you to do four things and forbid you from four things: I order you to believe in Allah. Do you know what is meant by belief in Allah? It is to testify that none has the right to be worshipped except Allah, to offer prayers perfectly, to give Zakat, and to give Al-Khumus (one-fifth of the war booty) (in Allah's Cause). And I forbid you four things, (i.e., Do not drink alcoholic drinks) Ad-Dubba, An- Naqir, (pitched water skins), Az-Zuruf, Al-Muzaffat and Al--Hantam (names of utensils used for the preparation of alcoholic drinks)." (See Hadith No. 50, Vol. 1)

The Prophet said, "Allah will say to that person of the (Hell) Fire who will receive the least punishment, 'If you had everything on the earth, would you give it as a ransom to free yourself (i.e. save yourself from this Fire)?' He will say, 'Yes.' Then Allah will say, 'While you were in the backbone of Adam, I asked you much less than this, i.e. not to worship others besides Me, but you insisted on worshipping others besides me.' "

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

Allah's Apostle said, "None of you should say: 'O Allah, forgive me if You wish; O Allah, be merciful to me if You wish,' but he should always appeal to Allah with determination, for nobody can force Allah to do something against His Will."

Yahya related to me from Malik that he had heard that a man wanted to buy food from a man in advance. The man who wanted to sell the food to him went with him to the market, and he began to show him heaps, saying, "Which one would you like me to buy for you." The buyer said to him, "Are you selling me what you do not have?" So they came to Abdullah ibn Umarand mentioned that to him. Abdallah ibn Umar said to the buyer, "Do not buy from him what he does not have." He said to the seller, "Do not sell what you do not have."

The Prophet said, "By Allah, he does not believe! By Allah, he does not believe! By Allah, he does not believe!" It was said, "Who is that, O Allah's Apostle?" He said, "That person whose neighbor does not feel safe from his evil."

Yahya related to me from Malik from Ismail from Ibn Abi Hakim that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, heard a woman praying at night. He said, "Who is that?" and someone said to him,"It is al-Hawla bint Tuwayt, she does not sleep in the night." The Messenger of Allah, may Allah bless him and grant him peace, disapproved of that and his disapproval showed in his face. Then he said, "Allah, the Blessed and Exalted, does not become weary, but you become weary. Take on whatever is within your capability."

We were sitting with Abu Musa Al-Ash'sari, and as there were ties of friendship and mutual favors between us and his tribe. His meal was presented before him and there was chicken meat in it. Among those who were present there was a man from Bani Taimillah having a red complexion as a non-Arab freed slave, and that man did not approach the meal. Abu Musa said to him, "Come along! I have seen Allah's Apostle eating of that (i.e., chicken)." The man said, "I have seen it (chickens) eating something I regarded as dirty, and so I have taken an oath that I shall not eat (its meat) chicken." Abu Musa said, "Come along! I will inform you about it (i.e., your oath). Once we went to Allah's Apostle in company with a group of Ash'airiyin, asking him for mounts while he was distributing some camels from the camels of Zakat. (Aiyub said, "I think he said that the Prophet was in an angry mood at the time.") The Prophet said, 'By Allah! I will not give you mounts, and I have nothing to mount you on.' After we had left, some camels of booty were brought to Allah's Apostle and he said, "Where are those Ash`ariyin? Where are those Ash`ariyin?" So we went (to him) and he gave us five very fat good-looking camels. We mounted them and went away, and then I said to my companions, 'We went to Allah's Apostle to give us mounts, but he took an oath that he would not give us mounts, and then later on he sent for us and gave us mounts, perhaps Allah's Apostle forgot his oath. By Allah, we will never be successful, for we have taken advantage of the fact that Allah's Apostle forgot to fulfill his oath. So let us return to Allah's Apostle to remind him of his oath.' We returned and said, 'O Allah's Apostle! We came to you and asked you for mounts, but you took an oath that you would not give us mounts) but later on you gave us mounts, and we thought or considered that you have forgotten your oath.' The Prophet said, 'Depart, for Allah has given you Mounts. By Allah, Allah willing, if I take an oath and then later find another thing better than that, I do what is better, and make expiation for the oath.' "

(two other narrations through Zahdam as above)

On his father's authority, said that his grandfather said: A woman came to the Prophet (saws) and said: Messenger of Allah, I have taken a vow to play the tambourine over you.

He said: Fulfil your vow.

She said: And I have taken a vow to perform a sacrifice in such a such a place, a place in which people had performed sacrifices in pre-Islamic times.

He asked: For an Idol?

She replied: No.

He asked: For an image?

She replied: No.

He said: Fulfil your vow.

that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.

The Prophet (saws) said: I do not ride on purple, or wear a garment dyed with saffron, or wear shirt hemmed with silk. Pointing to the collar of his shirt al-Hasan (al-Basri) said: The perfume used by men should have an odour but no colour, and the perfume used by women should have a colour but no odour.

Sa'id said: I think he said: They interpreted his tradition about perfume used by women as applying when she comes out. But when she is with her husband, she may use any perfume she wishes.

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that a man mentioned to the Messenger of Allah, may Allah bless him and grant him peace, that he was always being cheated in business transactions. The Messenger of Allah, may Allah bless him and grant him peace, said, "When you enter a transaction, say, 'No trickery.' So whenever that man entered a transaction, he would say, 'No trickery.' "

Today a man came to me and asked me a question which I did not know how to answer. He said, "Tell me, if a wealthy active man, well-equipped with arms, goes out on military expeditions with our chiefs, and orders us to do such things as we cannot do (should we obey him?)" I replied, "By Allah, I do not know what to reply you, except that we, were in the company of the Prophet and he used to order us to do a thing once only till we finished it. And no doubt, everyone among you will remain in a good state as long as he obeys Allah. If one is in doubt as to the legality of something, he should ask somebody who would satisfy him, but soon will come a time when you will not find such a man. By Him, except Whom none has the right to be worshipped. I see that the example of what has passed of this life (to what remains thereof) is like a pond whose fresh water has been used up and nothing remains but muddy water."

Yahya related to me from Malik that he had heard that if Sad ibn Abi Waqqas entered Makka late, he would go to Arafa before doing tawaf of the House and say between Safa and Marwa, and then do tawaf when he got back.

Malik said, "The leeway is broad, if Allah wills."

Malik was asked whether somebody that was doing obligatory tawaf could stop and talk with another man, and he said, "I do not like him to do that."

Malik said, "Only someone who is pure (by being in wudu) should do tawaf of the House or say between Safa and Marwa."

Ibn Umm Maktum asked the Prophet (saws) saying: Messenger of Allah, I am a blind man, my house is far away (from the mosque), and I have a guide who does not follow me. Is it possible that permission be granted to me for saying prayer in my house? He asked: Do you hear summons (adhan)? He said: Yes. He said: I do not find any permission for you.

You should not give away a part of your prayer to Satan by thinking that it is necessary to depart (after finishing the prayer) from one's right side only; I have seen the Prophet often leave from the left side.

While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, "What type of shroud is the best?" `Aisha said, "May Allah be merciful to you! What does it matter?" He said, "O mother of the Believers! Show me (the copy of) your Qur'an," She said, "Why?" He said, "In order to compile and arrange the Qur'an according to it, for people recite it with its Suras not in proper order." `Aisha said, "What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: 'Do not drink alcoholic drinks.' people would have said, 'We will never leave alcoholic drinks,' and if there had been revealed, 'Do not commit illegal sexual intercourse, 'they would have said, 'We will never give up illegal sexual intercourse.' While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: 'Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.' (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him." Then `Aisha took out the copy of the Qur'an for the man and dictated to him the Verses of the Suras (in their proper order) .

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."

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery ...

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar used to say, "A menstruating woman who wants to go into ihram to do either hajj or umra can do so if she so wishes, but she cannot do tawaf of the House, nor the say between Safa and Marwa. She can participate in all the rituals along with everybody else, except that she cannot do tawaf of the House, nor the say between Safa and Marwa, nor can she come near the mosque until she is pure."

`Umar bin Al-Khattab gave a horse in charity in Allah's Cause and later he saw it being sold in the market and intended to purchase it. Then he went to the Prophet and asked his permission. The Prophet said, "Do not take back what you have given in charity." For this reason, Ibn `Umar never purchased the things which he had given in charity, and in case he had purchased something (unknowingly) he would give it in charity again.

That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set out with Allah's Apostle and the non-believers of Quraish prevented us from reaching the Ka`ba, and so the Prophet slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will do the same as the Prophet did while I was in his company." Ibn `Umar then assumed Ihram for Umra from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say, "I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of Safa and Marwa for both `Umra and Hajj).

I was informed by Abu Sufyan that Heraclius said to him, "I asked you whether they (followers of Muhammad) were increasing or decreasing. You replied that they were increasing. And in fact, this is the way of true Faith till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his (the Prophets) religion (Islam) became displeased and discarded it. You replied in the negative, and in fact, this is (a sign of) true faith. When its delight enters the heart and mixes with them completely, nobody can be displeased with it."