Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Tha'labah heard his elders say that a man from the Quraysh had his share with Banu Qurayzah (in water). He brought the dispute to the Messenger of Allah (saws) about al-Mahzur, a stream whose water they shared together. The Messenger of Allah (saws) then decided that when water reached the ankles waters should not be held back to flow to the lower.

The Prophet said, "Allah will say to the person who will have the minimum punishment in the Fire on the Day of Resurrection, 'If you had things equal to whatever is on the earth, would you ransom yourself (from the punishment) with it?' He will reply, Yes. Allah will say, 'I asked you a much easier thing than this while you were in the backbone of Adam, that is, not to worship others besides Me, but you refused and insisted to worship others besides Me."'

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used tocome to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat on your livestock and bring it to me,' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, "The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."

Anas bin Malik Al-Ansari, told me, "Abu Bakr used to lead the people in prayer during the fatal illness of the Prophet till it was Monday. When the people aligned (in rows) for the prayer the Prophet lifted the curtain of his house and started looking at us and was standing at that time. His face was (glittering) like a page of the Qur'an and he smiled cheerfully. We were about to be put to trial for the pleasure of seeing the Prophet, Abu Bakr retreated to join the row as he thought that the Prophet would lead the prayer. The Prophet beckoned us to complete the prayer and he let the curtain fall. On the same day he died."

Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn Abd ar-Rahman heard his mother, Amra bint Abd ar-Rahman say, "A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale, but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah, may Allah bless him and grant him peace, and told him about it. The Messengerof Allah, may Allah bless him and grant him peace, said, 'By this oath, he has sworn not to do good.' The owner of the orchard heard about it and went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, the choice is his.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

When Allah's Apostle came to Mecca, he refused to enter the Ka`ba with idols in it. He ordered (idols to be taken out). So they were taken out. The people took out the pictures of Abraham and Ishmael holding Azlams in their hands. Allah's Apostle said, "May Allah curse these people. By Allah, both Abraham and Ishmael never did the game of chance with Azlams." Then he entered the Ka`ba and said Takbir at its corners but did not offer the prayer in it.

The nephew of Suraqa bin Ju'sham said that his father informed him that he heard Suraqa bin Ju'sham saying, "The messengers of the heathens of Quraish came to us declaring that they had assigned for the persons why would kill or arrest Allah's Apostle and Abu Bakr, a reward equal to their bloodmoney. While I was sitting in one of the gatherings of my tribe. Bani Mudlij, a man from them came to us and stood up while we were sitting, and said, "O Suraqa! No doubt, I have just seen some people far away on the seashore, and I think they are Muhammad and his companions." Suraqa added, "I too realized that it must have been they. But I said 'No, it is not they, but you have seen so-and-so, and so-and-so whom we saw set out.' I stayed in the gathering for a while and then got up and left for my home. and ordered my slave-girl to get my horse which was behind a hillock, and keep it ready for me.

Then I took my spear and left by the back door of my house dragging the lower end of the spear on the ground and keeping it low. Then I reached my horse, mounted it and made it gallop. When I approached them (i.e. Muhammad and Abu Bakr), my horse stumbled and I fell down from it, Then I stood up, got hold of my quiver and took out the divining arrows and drew lots as to whether I should harm them (i.e. the Prophet and Abu Bakr) or not, and the lot which I disliked came out. But I remounted my horse and let it gallop, giving no importance to the divining arrows. When I heard the recitation of the Quran by Allah's Apostle who did not look hither and thither while Abu Bakr was doing it often, suddenly the forelegs of my horse sank into the ground up to the knees, and I fell down from it. Then I rebuked it and it got up but could hardly take out its forelegs from the ground, and when it stood up straight again, its fore-legs caused dust to rise up in the sky like smoke. Then again I drew lots with the divining arrows, and the lot which I disliked, came out. So I called upon them to feel secure. They stopped, and I remounted my horse and went to them. When I saw how I had been hampered from harming them, it came to my mind that the cause of Allah's Apostle (i.e. Islam) will become victorious. So I said to him, "Your people have assigned a reward equal to the bloodmoney for your head." Then I told them all the plans the people of Mecca had made concerning them. Then I offered them some journey food and goods but they refused to take anything and did not ask for ...

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

I passed by a place called Ar-Rabadha and by chance I met Abu Dhar and asked him, "What has brought you to this place?" He said, "I was in Sham and differed with Muawiya on the meaning of (the following verses of the Qur'an): 'They who hoard up gold and silver and spend them not in the way of Allah.' (9.34). Muawiya said, 'This verse is revealed regarding the people of the scriptures." I said, It was revealed regarding us and also the people of the scriptures." So we had a quarrel and Mu'awiya sent a complaint against me to `Uthman. `Uthman wrote to me to come to Medina, and I came to Medina. Many people came to me as if they had not seen me before. So I told this to `Uthman who said to me, "You may depart and live nearby if you wish." That was the reason for my being here for even if an Ethiopian had been nominated as my ruler, I would have obeyed him .

I sat in a gathering in which the chiefs of the Ansar were present, and `Abdur-Rahman bin Abu Laila was amongst them. I mentioned the narration of `Abdullah bin `Utba regarding the question of Subai'a bint Al-Harith. `Abdur-Rahman said, "But `Abdullah's uncle used not to say so." I said, "I am too brave if I tell a lie concerning a person who is now in Al-Kufa," and I raised my voice. Then I went out and met Malik bin 'Amir or Malik bin `Auf, and said, "What was the verdict of Ibn Mas`ud about the pregnant widow whose husband had died?" He replied, "Ibn Mas`ud said, 'Why do you impose on her the hard order and don't let her make use of the leave? The shorter Sura of women (i.e. Surat-at- Talaq) was revealed after the longer Sura (i.e. Surat-al-Baqara)." (i.e. Her 'Idda is up till she delivers.)

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

In the lifetime of Allah's Apostle the mosque was built of adobes, its roof of the leaves of date-palms and its pillars of the stems of date-palms. Abu Bakr did not alter it. `Umar expanded it on the same pattern as it was in the lifetime of Allah's Apostle by using adobes, leaves of date-palms and changing the pillars into wooden ones. `Uthman changed it by expanding it to a great extent and built its walls with engraved stones and lime and made its pillars of engraved stones and its roof of teak wood.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Abu Bakr as-Siddiq prayed subh and recited suratal-Baqara in the two rak'as.

The Prophet said, "Near the establishment of the Hour there will be days during which Religious ignorance will spread, knowledge will be taken away (vanish) and there will be much Al-Harj, and Al- Harj means killing."

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger (may peace be upon him) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.

Allah's Apostle said, "Allah guarantees (the person who carries out Jihad in His Cause and nothing compelled him to go out but Jihad in His Cause and the belief in His Word) that He will either admit him into Paradise (Martyrdom) or return him with reward or booty he has earned to his residence from where he went out."

that Allah's Apostle informed them (i.e. his companions) of the death of Negus, the king of Ethiopia, on the very day on which the latter died, and said, "Ask Allah's Forgiveness for your brother"

A man displayed some goods in the market and swore by Allah that he had been offered so much for that, that which was not offered, and he said so, so as to cheat a Muslim. On that occasion the following Verse was revealed: "Verily! Those who purchase a small gain at the cost of Allah's covenant and their oaths (They shall have no portion in the Hereafter ..etc.)' (3.77)

Ibn `Abbas addressed us on a (rainy and) muddy day and when the Mu'adh-dhin said, "Come for the prayer" Ibn `Abbas ordered him to say, "Pray in your homes." The people began to look at one another with surprise as if they did not like it. Ibn `Abbas said, "It seems that you thought ill of it but no doubt it was done by one who was better than I (i.e. the Prophet). It (the prayer) is a strict order and I disliked to bring you out." Ibn `Abbas narrated the same as above but he said, "I did not like you to make you sinful (in refraining from coming to the mosque) and to come (to the mosque) covered with mud up to the knees."

Muhammad ibn AbuYahya said that his father told that he and his companion went to AbuSa'id al-Khudri to pay a sick visit to him. He said: Then we came out from him and met a companion of ours who wanted to go to him. We went ahead and sat in the mosque. He then came back and told us that he heard AbuSa'id al-Khudri say: The Messenger of Allah (saws) said: Some snakes are jinn; so when anyone sees one of them in his house, he should give it a warning three times. If it return (after that), he should kill it, for it is a devil.

Allah's Apostle (p.b.u.h) said, "A man said that he would give something in charity. He went out with his object of charity and unknowingly gave it to a thief. Next morning the people said that he had given his object of charity to a thief. (On hearing that) he said, "O Allah! All the praises are for you. I will give alms again." And so he again went out with his alms and (unknowingly) gave it to an adulteress. Next morning the people said that he had given his alms to an adulteress last night. The man said, "O Allah! All the praises are for you. (I gave my alms) to an adulteress. I will give alms again." So he went out with his alms again and (unknowingly) gave it to a rich person. (The people) next morning said that he had given his alms to a wealthy person. He said, "O Allah! All the praises are for you. (I had given alms) to a thief, to an adulteress and to a wealthy man." Then someone came and said to him, "The alms which you gave to the thief, might make him abstain from stealing, and that given to the adulteress might make her abstain from illegal sexual intercourse (adultery), and that given to the wealthy man might make him take a lesson from it and spend his wealth which Allah has given him, in Allah's cause."

(A man broke his fast intentionally) during Ramadan. The Messenger of Allah (saws) commanded him to emancipate a slave, or fast for two months, or feed sixty poor men. He said: I cannot provide. The Messenger of Allah (saws) said: Sit down. Thereafter a huge basket of dates ('araq) was brought to the Messenger of Allah (saws). He said: Take this and give it as sadaqah (alms). He said: Messenger of Allah, there is no poorer than I. The Messenger of Allah (saws) thereupon laughed so that his canine teeth became visible and said: Eat it yourself.

Abu Dawud said: Ibn Juraij narrated it from al-Zuhri in the wordings of the narrator Malik that a man broke his fast. This version says: You should either free a slave, or fast for two months, or provide food for sixty poor men.

While Allah's Apostle was proceeding at night during one of his journeys and `Umar bin Al-Khattab was traveling beside him, `Umar asked him about something but Allah's Apostle did not reply. He asked again, but he did not reply, and then he asked (for the third time) but he did not reply. On that, `Umar bin Al-Khattab said to himself, "Thakilat Ummu `Umar (May `Umar's mother lose her son)! I asked Allah's Apostle three times but he did not reply." `Umar then said, "I made my camel run faster and went ahead of the people, and I was afraid that some Qur'anic Verses might be revealed about me. But before getting involved in any other matter. I heard somebody calling me. I said to myself, 'I fear that some Qur'anic Verses have been revealed about me,' and so I went to Allah's Apostle and greeted him. He (Allah's Apostle ) said, 'Tonight a Sura has been revealed to me, and it is dearer to me than that on which the sun rises (i.e. the world)' Then he recited: "Verily, We have given you a manifest victory." (48.1)

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not ...

Yahya related to me from Malik from Yahya ibn Said that Abdullah ibn Masud said to a certain man, "You are in a time when men of understanding (fuqaha) are many and Qur'an reciters are few, when the limits of behaviour defined in the Qur'an are guarded and its letters are lost, when few people ask and many give, when they make the prayer long and the khutba short, and put their actions before their desires. A time will come upon men when their fuqaha are few but their Qur'an reciters are many, when the letters of the Qur'an are guarded carefully but its limits are lost, when many ask but few give, when they make the khutba long but the prayer short, and put their desires before their actions."

A bedouin came to the Prophet (saws) and said: I have sighted the moon. Al-Hasan added in his version: that is, of Ramadan. He asked: Do you testify that there is no god but Allah? He replied: Yes. He again asked: Do you testify that Muhammad is the Messenger of Allah? He replied: Yes. and he testified that he had sighted the moon. He said: Bilal, announce to the people that they must fast tomorrow.

Two old ladies from among the Jewish ladies entered upon me and said' "The dead are punished in their graves," but I thought they were telling a lie and did not believe them in the beginning. When they went away and the Prophet entered upon me, I said, "O Allah's Apostle! Two old ladies.." and told him the whole story. He said, "They told the truth; the dead are really punished, to the extent that all the animals hear (the sound resulting from) their punishment." Since then I always saw him seeking refuge with Allah from the punishment of the grave in his prayers.

Allah's Apostle said, "If Allah loves a person, He calls Gabriel, saying, 'Allah loves so and so, O Gabriel love him' So Gabriel would love him and then would make an announcement in the Heavens: 'Allah has loved so and-so therefore you should love him also.' So all the dwellers of the Heavens would love him, and then he is granted the pleasure of the people on the earth." (See Hadith No. 66, Vol. 8)

Abdullah b. Yazid al-Khatmi reported on the authority of Abu Ayyub (Allah be pleased with him) that he prayed the sunset and 'Isha' prayers (together) at Muzdalifa in the company of Allah's Messenger (may peace be upon him) on the occasion of the Farewell Pilgrimage.

During the last Hajj led by `Umar, `Abdur-Rahman bin `Auf returned to his family at Mina and met me there. `AbdurRahman said (to `Umar), "O chief of the believers! The season of Hajj is the season when there comes the scum of the people (besides the good amongst them), so I recommend that you should wait till you go back to Medina, for it is the place of Migration and Sunna (i.e. the Prophet's tradition), and there you will be able to refer the matter to the religious scholars and the nobles and the people of wise opinions." `Umar said, "I will speak of it in Medina on my very first sermon I will deliver there."

Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers

Yahya related to me from Malik that Yazid ibn Ruman said, "The people used to watch the night in prayer during Ramadan for twenty- three rakas in the time of Umar ibn al-Khattab."

Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, heard Abu Bakribn Abd ar-Rahman say, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I had arranged to do hajj, but I was prevented,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do umra in Ramadan, for doing umra in it is like doing hajj.' "

Once on a rainy muddy day, Ibn `Abbas delivered a sermon in our presence and when the Mu'adhdhin pronounced the Adhan and said, "Haiyi `ala-s-sala(t) (come for the prayer)" Ibn `Abbas ordered him to say 'Pray at your homes.' The people began to look at each other (surprisingly). Ibn `Abbas said. "It was done by one who was much better than I (i.e. the Prophet or his Mu'adh-dhin), and it is a license.'

Ibn `Umar said, "I went to Hafsa while water was dribbling from her twined braids. I said, 'The condition of the people is as you see, and no authority has been given to me.' Hafsa said, (to me), 'Go to them, and as they (i.e. the people) are waiting for you, and I am afraid your absence from them will produce division amongst them.' " So Hafsa did not leave Ibn `Umar till we went to them. When the people differed. Muawiya addressed the people saying, "'If anybody wants to say anything in this matter of the Caliphate, he should show up and not conceal himself, for we are more rightful to be a Caliph than he and his father." On that, Habib bin Masalama said (to Ibn `Umar), "Why don't you reply to him (i.e. Muawiya)?" `Abdullah bin `Umar said, "I untied my garment that was going round my back and legs while I was sitting and was about to say, 'He who fought against you and against your father for the sake of Islam, is more rightful to be a Caliph,' but I was afraid that my statement might produce differences amongst the people and cause bloodshed, and my statement might be interpreted not as I intended. (So I kept quiet) remembering what Allah has prepared in the Gardens of Paradise (for those who are patient and prefer the Hereafter to this worldly life)." Habib said, "You did what kept you safe and secure (i.e. you were wise in doing so).