Allah's Apostle came to visit me during my ailment which had been aggravated during Hajjat-al- Wada`. I said to him, "You see how sick I am. I have much property but have no heir except my only daughter May I give two thirds of my property in charity?"! He said, "No." I said, "Half of it?" He said, "No." I said "One third?" He said, "One third is too much, for to leave your heirs rich is better than to leave them poor, begging of others. Nothing you spend seeking Allah's pleasure but you shall get a reward for it, even for what you put in the mouth of your wife."

Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.

Allah's Apostle employed an employee (to collect Zakat). The employee returned after completing his job and said, "O Allah's Apostle! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet said to him, "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Apostle got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said, "Now then ! What about an employee whom we employ and then he comes and says, 'This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet added, "I have preached you (Allah's Message)." Abu Humaid said, "Then Allah's Apostle raised his hands so high that we saw the whiteness of his armpits."

The Prophet said "The most superior way of asking for forgiveness from Allah is: O Allah, You are my Lord, there is none worthy of worship except You. You have created me, and I am Your servant, and I am faithful to Your covenant and promise as much as I can. I seek refuge in You from the evil of what I have done. I acknowledge Your blessings upon me, and I admit my sins. So forgive me, for none forgives sins except You.
(Allahumma anta Rabbi la ilaha illa anta, Khalaqtani wa ana `Abduka, wa ana `ala `ahdika wa wa`dika mastata`tu, A`udhu bika min Sharri ma sana`tu, abu'u Laka bini`matika `alaiya, wa abu'u laka bidhanbi faghfir lee fa innahu la yaghfiru adhdhunuba illa anta) "
The Prophet added. "If somebody recites it during the day with firm faith in it, and dies on the same day before the evening, he will be from the people of Paradise; and if somebody recites it at night with firm faith in it, and dies before the morning, he will be from the people of Paradise."

(the wife of the Prophet) Allah's Apostle died while Abu Bakr was at a place called As-Sunah (Al-'Aliya) 'Umar stood up and said, "By Allah! Allah's Apostle is not dead!" 'Umar (later on) said, "By Allah! Nothing occurred to my mind except that." He said, "Verily! Allah will resurrect him and he will cut the hands and legs of some men." Then Abu Bakr came and uncovered the face of Allah's Apostle, kissed him and said, "Let my mother and father be sacrificed for you, (O Allah's Apostle), you are good in life and in death. By Allah in Whose Hands my life is, Allah will never make you taste death twice." Then he went out and said, "O oath-taker! Don't be hasty." When Abu Bakr spoke, 'Umar sat down. Abu Bakr praised and glorified Allah and said, No doubt! Whoever worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, then Allah is Alive and shall never die." Then he recited Allah's Statement.:-- "(O Muhammad) Verily you will die, and they also will die." (39.30) He also recited:--

"Muhammad is no more than an Apostle; and indeed many Apostles have passed away, before him, If he dies Or is killed, will you then Turn back on your heels? And he who turns back On his heels, not the least Harm will he do to Allah And Allah will give reward to those Who are grateful." (3.144)

The people wept loudly, and the Ansar were assembled with Sad bin 'Ubada in the shed of Bani Saida. They said (to the emigrants). "There should be one 'Amir from us and one from you." Then Abu Bakr, Umar bin Al-Khattab and Abu 'baida bin Al-Jarrah went to them. 'Umar wanted to speak but Abu Bakr stopped him. 'Umar later on used to say, "By Allah, I intended only to say something that appealed to me and I was afraid that Abu Bakr would not speak so well. Then Abu Bakr spoke and his speech was very eloquent. He said in his statement, "We are the rulers and you (Ansars) are the ministers (i.e. advisers)," Hubab bin Al-Mundhir said, "No, by Allah we won't accept this. But there must be a ruler from us and a ruler from you." Abu Bakr said, "No, we will be the rulers and you will be the ministers, for they (i.e. Quarish) are the best family amongst the 'Arabs and of best origin. So you should elect either 'Umar or Abu 'Ubaida bin Al-Jarrah as your ruler." 'Umar said (to Abu Bakr), "No but we elect you, for you are our chief and the best amongst us and the most beloved of all of us to Allah's Apostle." So 'Umar took Abu Bakr's hand and gave the pledge ...

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, `Umar said, "O Abu Bakr! How can you fight these people although Allah's Apostle said, 'I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah, 'and whoever said, 'None has the right to be worshipped but Allah', Allah will save his property and his life from me, unless (he does something for which he receives legal punishment) justly, and his account will be with Allah?' "Abu Bakr said, "By Allah! I will fight whoever differentiates between prayers and Zakat as Zakat is the right to be taken from property (according to Allah's Orders). By Allah! If they refused to pay me even a kid they used to pay to Allah's Apostle, I would fight with them for withholding it." `Umar said, "By Allah: It was nothing, but I noticed that Allah opened Abu Bakr's chest towards the decision to fight, therefore I realized that his decision was right."

Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."

Malik added, "That is what is done in our community."

Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."

"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."

"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

I came to Al-`Asi bin Wail As-Sahmi and demanded something which he owed me. He said, "I will not give you (your money) till you disbelieve in Muhammad." I said, "No, I shall not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I die and then be resurrected?" I said, 'Yes'. He said', "Then I will have wealth and children there, and I will pay you (there)." So this Verse was revealed:-- 'Have you then seen him who disbelieved in Our Signs and (yet) says: I shall certainly be given wealth and children? (19.77)

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.

Malik related to me from Yahya ibn Said that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray the two rakas of the dawn (fajr) so quickly that I would say to myself 'Has he recited the umm al-Qur'an or not?' "

The Prophet (saws) said: Do not prevent anyone from going round this House (the Ka'bah) and from praying any moment he desires by day or by night. The narrator Fadl (ibn Ya'qub) said: The Messenger of Allah (saws) said: Banu Abdu Munaf, do not stop anyone.

A man said, "O Allah's Apostle. What type of clothes should a Muhrim wear Allah's Apostle replied, 'Do not wear shirts, turbans trousers hooded cloaks or Khuffs (socks made from thick fabric or leather); but if someone cannot get sandals, then he can wear Khuffs after cutting them short below the ankles. Do not wear clothes touched by saffon or wars (two kinds of perfumes).

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

The Prophet delivered a sermon and said, "Allah gave a choice to one of (His) slaves either to choose this world or what is with Him in the Hereafter. He chose the latter." Abu Bakr wept. I said to myself, "Why is this Sheikh weeping, if Allah gave choice to one (of His) slaves either to choose this world or what is with Him in the Here after and he chose the latter?" And that slave was Allah's Apostle himself. Abu Bakr knew more than us. The Prophet said, "O Abu Bakr! Don't weep. The Prophet added: Abu- Bakr has favored me much with his property and company. If I were to take a Khalil from mankind I would certainly have taken Abu Bakr but the Islamic brotherhood and friendship is sufficient. Close all the gates in the mosque except that of Abu Bakr.

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."

Ya`la bin Muslim and `Amr bin Dinar and some others narrated the narration of Sa`id bin Jubair. Narrated Sa`id: While we were at the house of Ibn `Abbas, Ibn `Abbas said, "Ask me (any question)" I said, "O Abu `Abbas! May Allah let me be sacrificed for you ! There is a man at Kufa who is a storyteller called Nauf; who claims that he (Al-Khadir's companion) is not Moses of Bani Israel." As for `Amr, he said to me, "Ibn `Abbas said, "(Nauf) the enemy of Allah told a lie." But Ya`la said to me, "Ibn `Abbas said, Ubai bin Ka`b said, Allah's Apostle said, 'Once Moses, Allah's Apostle, preached to the people till their eyes shed tears and their hearts became tender, whereupon he finished his sermon. Then a man came to Moses and asked, 'O Allah's Apostle! Is there anyone on the earth who is more learned than you?' Moses replied, 'No.' So Allah admonished him (Moses), for he did not ascribe all knowledge to Allah. It was said, (on behalf of Allah), 'Yes, (there is a slave of ours who knows more than you ).' Moses said, 'O my Lord! Where is he?' Allah said, 'At the junction of the two seas.' Moses said, 'O my Lord ! Tell I me of a sign whereby I will recognize the place.' " `Amr said to me, Allah said, "That place will be where the fish will leave you." Ya`la said to me, "Allah said (to Moses), 'Take a dead fish (and your goal will be) the place where it will become alive.' " So Moses took a fish and put it in a basket and said to his boy-servant "I don't want to trouble you, except that you should inform me as soon as this fish leaves you." He said (to Moses)." You have not demanded too much." And that is as mentioned by Allah: 'And (remember) when Moses said to his attendant .... ' (18.60) Yusha` bin Noon. (Sa`id did not state that). The Prophet said, "While the attendant was in the shade of the rock at a wet place, the fish slipped out (alive) while Moses was sleeping. His attend an said (to himself), "I will not wake him, but when he woke up, he forgot to tell him The fish slipped out and entered the sea. Allah stopped the flow of the sea. where the fish was, so that its trace looked as if it was made on a rock. `Amr forming a hole with his two thumbs an index fingers, said to me, "Like this, as in its trace was made on a rock." Moses said "We have suffered much fatigue on this journey of ours." (This was not narrated by Sa`id). Then they returned back and found Al-Khadir. `Uthman ...

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ash-Shafi'i said: "It is not lawful for one who confers something to take it back, except in the case of the father. He may take back what he gave his son" and he used this Hadith as proof.

Allah's Apostle was informed that I have said: "By Allah, I will fast all the days and pray all the nights as long as I live." On that, Allah's Apostle asked me. "Are you the one who says: 'I will fast all the days and pray all the nights as long as I live?' " I said, "Yes, I have said it." He said, "You cannot do that. So fast (sometimes) and do not fast (sometimes). Pray and sleep. Fast for three days a month, for the reward of a good deed is multiplied by ten time, and so the fasting of three days a month equals the fasting of a year." I said, "O Allah's Apostle! I can do (fast) more than this." He said, "Fast on every third day. I said: I can do (fast) more than that, He said: "Fast on alternate days and this was the fasting of David which is the most moderate sort of fasting." I said, "O Allah's Apostle! I can do (fast) more than that." He said, "There is nothing better than that."

Al-Adawi that he said to `Amr bin Sa`id while the latter was sending troops in batches to Mecca, "O chief! Allow me to tell you a statement which Allah's Apostle said on the second day of the Conquest of Mecca. My two ears heard it and my heart remembered it and my two eyes saw him when he said it. He (i.e. the Prophet) praised Allah and then said, 'Mecca has been made a sanctuary by Allah and not by the people, so it is not lawful for a person, who believes in Allah and the Last Day to shed blood in it, or to cut its trees and if someone asks the permission to fight in Mecca because Allah's Apostle was allowed to fight in it, say to him; Allah permitted His Apostle and did not allow you, and even he (i.e. the Apostle) was allowed for a short period of the day, and today its (Mecca's sanctity has become the same as it was before (of old) so those who are present should inform those who are absent (this Hadith)." Then Abu Shuraih, was asked, "What did `Amr say to you? Abu Shuraih said, "He said, "I knew that better than you, O Abu Shuraih! The Haram (i.e. Mecca) does not give refuge to a sinner or a fleeing murderer or a person running away after causing destruction."

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "There is no harm in doing ghusl with water that has been used by one's wife as long as she is not menstruating or in a state of major ritual impurity (junub)."

Yahya related to me from Malik from Yahya ibn Said that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "Only the House frees a person in ihram from ihram."

The Prophet (saws) said: A believer who recites the Qur'an is like a citron whose fragrance is sweet and whose taste is sweet, a believer who does not recite the Qur'an is like a date which has no fragrance but has sweet taste, a profligate who recites the Qur'an is like basil whose fragrance is sweet but whose taste is bitter, and the profligate who does not recite the Qur'an is like the colocynth which has a bitter taste and has not fragrance. A good companion is like a man who has musk; if nothing of it goes to you, its fragrance will (certainly) go to you; and a bad companion is like a man who has bellows; if its (black) root does not go to you, its smoke will (certainly) go to you.

While `Umar was at home in a state of fear, there came Al-`As bin Wail As-Sahmi Abu `Amr, wearing an embroidered cloak and a shirt having silk hems. He was from the tribe of Bani Sahm who were our allies during the pre-Islamic period of ignorance. Al-`As said to `Umar "What is wrong with you?" He said, "Your people claim that they would kill me if I become a Muslim." Al-`As said, "Nobody will harm you after I have given protection to you." So Al-`As went out and met the people streaming in the whole valley. He said, "Where are you going?" They said, "We want Ibn Al-Khattab who has embraced Islam." Al-`As said, "There is no way for anybody to touch him." So the people retreated.

Malik related to me that Umar ibn al-Khattab said, "The testimony of some one known to bear a grudge or to be unreliable is not accepted."

I will narrate to you a narration which nobody will narrate to you after me. I heard that from the Prophet. I heard the Prophet saying, "The Hour will not be established" or said: "From among the portents of the Hour is that the religious knowledge will betaken away (by the death of religious Scholars) and general ignorance (of religion) will appear; and the drinking of alcoholic drinks will be very common, and (open) illegal sexual intercourse will prevail, and men will decrease in number while women will increase so much so that, for fifty women there will only be one man to look after them."

The Messenger of Allah (saws) said: If anyone goes out from his house after performing ablution for saying the prescribed prayer in congregation (in the mosque), his reward will be like that of one who goes for hajj pilgrimage after wearing ihram (robe worn by the hajj pilgrims).

And he who goes out to say the mid-morning (duha) prayer, and takes the trouble for this purpose, will take the reward like that of a person who performs umrah. And a prayer followed by a prayer with no worldly talk during the gap between them will be recorded in Illiyyun.

Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it."

Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it."

Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Malik related to me that Ismail ibn Abi Hakim heard Umar ibn Abd al-Aziz say, "Some say that Allah the Blessed, the Exalted, will not punish the many for the wrong action of the few. However, when the objectionable action is committed openly, then they all deserve to be punished."