The Prophet (SAW) led us in two Rak'at of one of the two, Zuhr or 'Asr prayers, and said the Taslim (salutation). He then got up and went towards a piece of wood which was at the front part of the mosque and placed his hands upon it. Abu Bakr and 'Umar were among the people, but they were afraid to speak to him. Then some of the hasty type of people came out and said, "Has the Salat (prayer) been shortened?" A man whom the Prophet (SAW) called Dhul Yadain (the long armed) asked: "Have you forgotten, O Allah's Messenger or has the prayer been shortened?" He said, "I have neither forgotten nor has it been shortened." He said, "Indeed you have forgotten." He [the Prophet (SAW)] then prayed the remaining two Rak'at, then said the Taslim (salutation). He then uttered the Takbir and prostrated similar to his normal prostration or longer, then raised up his head and uttered the Takbir. He then prostrated and uttered the Takbir, and the prostration was similar to his normal prostration or longer. He then raised his head and uttered the Takbir. [Agreed upon, and it is al-Bukhari's wording].

'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, prayed the Duha prayer and then said, 'O Lord, forgive me and turn to me. You are the Ever-Turning back (to his slaves), the Merciful' a hundred times."

The Messenger of Allah (may peace be upon him) came out in the year of al-Hudaibbiyyah with over ten hundreds of Companions and when he came to Dhu al Hulaifah. He garlanded and marked the sacrificial animals, and entered the sacred state of Umrah. He then went on with the tradition. The Prophet moved on and when he came to the mountain, pass by which one descends (to Mecca) to them, his riding-beast knelt down, and the people said twice: Go on, go on, al-Qaswa has become jaded. The Prophet (May peace be upon him) said: She has not become jaded and that is not a characteristic of hers, but He Who restrained the elephant has restrained her. He then said: By Him in Whose hand my soul is, they will not ask any me good thing by which they honor which God has made sacred without my giving them it. He then urged her and she leaped up and he turned aside from them, and stopped at the farthest side of al-Hudaibiyyah at a pool with little water. Meanwhile Budail bin Warqa al-Khuza’I came, and ‘Urwah bin Mas’ud joined him. He began to speak to the Prophet (may peace be upon him). Whenever he spoke to the Prophet (may peace be upon him), he caught his beard. Al Mughriah bin Shu’bah was standing beside the Prophet (may peace be upon him).He had a sword with him, wearing a helmet. He (Al Mughriah) struck his (‘Urwah’s) hand with the lower end of his sheath, and said: Keep away your hand from his beard. ‘Urwah then raised his hand and asked: Who is this? They replied: Al-Mughirah bin Shu’bah. He said: O treacherous one! Did I not use my offices in your treachery? In pre-Islamic days Al-Mughirah bin Shu’bah accompanied some people and murdered them, and took their property. He then came (to the Prophet) and embraced Islam. The Prophet (may peace be upon him) said: As for Islam we accepted it, but as to the property, as it has been taken by treachery, we have no need of it. He went on with the tradition the Prophet (saws) said: Write down: This is what Muhammad, the Messenger of Allah, has decided. He then narrated the tradition. Suhail then said: And that a man will not come to you from us, even if he follows your religion, without you sending him back to us. When he finished drawing up the document, the Prophet (saws) said to his Companions: Get up and sacrifice and then shave. Thereafter some believing women who were immigrants came. (Allah sent down: O yea who believe, when believing women come to you as emigrants). Allah most high forbade them to send them back, but ordered them to restore the dower. He then returned to Medina. Abu Basir a man from the Quraish (who was a Muslim), came to him. And they sent (two men) to look for him; so he handed him over to the two men. They took him away, and when they reached Dhu Al Hulaifah and alighted to eat some dates which they had, Abu Basir said to one of the men : I swear by Allah so-and-so, that I think this sword of yours is a fine one; the other drew the sword and said : Yes I have tried it. Abu Basir said: Let me look at it. He let him have it and he struck him till he died, whereupon the other fled and came to Medina, and running entered the mosque. The Prophet ( may peace be upon him) said: This man has seen something frightful. He said: I swear by Allah that my Companion has been killed, and im as good as dead. Abu Basir then arrived and said: Allah has fulfilled your covenant. You returned me to them, but Allah saved me from them. The Prophet (saws) said: Woe to his mother, stirrer up of war! Would that he had someone (i.e. some kinsfolk). When he heard that he knew that he would send him back to them, so he went out and came to the seashore. Abu Jandal escaped and joined Abu Basir till a band of them collected.

On the day of Hunayn we travelled with the Messenger of Allah (saws) and we journeyed for a long time until the evening came. I attended the prayer along with the Messenger of Allah (saws).

A horseman came and said: Messenger of Allah, I went before you and climbed a certain mountain where saw Hawazin all together with their women, cattle, and sheep, having gathered at Hunayn.

The Messenger of Allah (saws) smiled and said: That will be the booty of the Muslims tomorrow if Allah wills. He then asked: Who will be on guard tonight?

Anas ibn AbuMarthad al-Ghanawi said: I shall , Messenger of Allah. He said: Then mount your horse. He then mounted his horse, and came to the Messenger of Allah (saws).

The Messenger of Allah said to him: Go forward to this ravine till you get to the top of it. We should not be exposed to danger from your side. In the morning the Apostle of of Allah (saws) came out to his place of prayer, and offered two rak'ahs. He then said: Have you seen any sign of your horseman?

They said: We have not, Messenger of Allah. The announcement of the time for prayer was then made, and while the Messenger of Allah (saws) was saying the prayer, he began to glance towards the ravine. When he finished his prayer and uttered salutation, he said: Cheer up, for your horseman has come. We therefore began to look between the trees in the ravine, and sure enough he had come.

He stood beside the Messenger of Allah (saws), saluted him and said: I continued till I reached the top of this ravine where the Messenger of Allah (saws) commanded me, and in the morning I looked down into both ravines but saw no one.

The Messenger of Allah (saws) asked him: Did you dismount during the night?

He replied: No, except to pray or to relieve myself. The Messenger of Allah (saws) said: You have ensured your entry to (Paradise). No blame will be attached to you supposing you do not work after it.

‘Abd Allah bin Umar said At the Farewell Pilgrimage the Apostle of Allaah(saws) put on ihram first for ‘Umrah and afterwards for Hajj and drove the sacrificial animals along with him from Dhu Al Hulaifah. The Apostle of Allaah(saws) first raised his voice in talbiyah for ‘Umrah and afterwards he did so for Hajj; and the people along with the Apostle of Allaah(saws) did it first for ‘Umrah and afterwards for Hajj. Some of the people had brought sacrificial animals and others had not, so when the Apostle of Allaah(saws) came to Makkah , he said to the people. Those of you who have brought sacrificial animals must not treat as lawful anything which has become unlawful for you till you complete your Hajj; but those of you who have not brought sacrificial animals should go round the House(Ka’bah) and run between Al Safa’ and Al Marwah, clip their hair, put off ihram, and afterwards raise their voice in talbiyah for Hajj and bring sacrificial animals. Those who cannot get sacrificial animals should fast three days during Hajj and seven days when they return to their families. The Apostle of Allaah(saws) then performed circumambulation when he came to Makkah first touching the corner then running during three circuits out of seven and walking during four and when he had finished his circumambulation of the House (Ka’bah) he prayed two rak’ahs at Maqam Ibrahim, then giving the salutation and departing he went to Al Safa’ and ran seven times between Al Safa’ and Al Marwah. After that he did not treat anything as lawful which had become unlawful for him till he had completed his Hajj, sacrificed his animals on the day of sacrifice, went quickly and performed the circumambulation of the House(the Ka’bah), after which all that had been unlawful became lawful for him. Those people who had brought sacrificial animals did as the Apostle of Allaah(saws) did.

"I heard the Messenger of Allah say: 'Whoever comes to this mosque of mine, and only comes for a good purpose, such as to learn or to teach, his status is like that of one who fights in Jihad in the cause of Allah. Whoever comes for any other purpose, his status is that of a man who is keeping an eye on other people's property.'"

"The Messenger of Allah said: 'A Mudd is sufficient for the ablution and a Sa' is sufficient for the bath.' A man said: 'It is not sufficient for us.'" He (the narrator) said: "It was sufficient for one who is better than you and had more hair" meaning the Prophet.

"I was with Salman, and he saw a man removing his leather socks for ablution. Salman said to him" 'Wipe over your leather socks and your head cover, and your forehead, for I saw the Messenger of Allah wiping over his leather socks and head cover.'"

the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.”

a woman came to the Prophet and became Muslim, and a man married her. Then her first husband came and said: "O Messenger of Allah, I became Muslim with her, and she knew that I was Muslim." So the Messenger of Allah took her away from her second husband and returned her to her first husband.

"The Messenger of Allah (SAW) heard a man taking an oath by his father and said: 'Do not make oaths by your forefathers. Whoever makes an oath by Allah, let him fulfill his oath, and if an oath is sworn for a person by Allah, let him accept it. Whoever is not content with Allah has nothing to do with Allah.'

the Messenger of Allah (SAW) forbade Mulamasah and Munabadhah. (Sahih) Sahl added: "Sufyan said: 'Mulamasah means when a man touches something with his hand without seeing it, and Munabadhah means when he says: "Toss me what you have, and I will toss you what have."

'Hind came to the Prophet (SAW) and said: 'O Messenger of Allah, Abu Sufyan is a stingy man and he does not give me enough for me and my child, except for what I take from his wealth without him realizing.' He said: Take what is sufficient for you and your child, on a reasonable basis.' "

We came to Abu Hurairah and asked him about a companion of ours who had become bankrupt. He said: “This is what the Prophet (SAW) ruled: 'Any man who dies or becomes bankrupt, the owner of the product has more right to it, if he finds the exact thing.”

“A man came to the Prophet (SAW) and said: 'I gave my mother a garden of mine, and she has died and has no other heir but me.' The Messenger of Allah(SAW) said: 'Your charity is valid and your garden has been returned to you.' ”

“A man came to ask the Prophet of Allah (SAW) for some debt or some right, and he spoke harshly to him, and the Companions of the Messenger of Allah (SAW) wanted to rebuke him. But the Messenger of Allah (SAW) said: 'Let him be, for the one who is owed something has authority over the debtor, until it is paid off.' ”

“I was present with the Prophet (saw) on the Day of Uhud. I struck a man from among the idolaters and said: ‘Take that! And I am a Persian slave!’ News of that reached the Prophet (saw) and he said: ‘Why did you not say: “Take that! And I am an Ansari slave!?”

“The Messenger of Allah (saw) had an Arabian bow in his hand, and he saw a man who had a Persian bow in his hand. He said: ‘What is this? Throw it away. You should use this and others like it, and Qana* spears. Perhaps Allah will support His religion thereby and enable you to conquer lands.’”

“Perform Hajj on behalf of your father.” And the Prophet (saw) said: “The same applies to fasting in fulfillment of a vow – it should be made up for.”

“The Messenger of Allah (saw) was asked on the Day of Mina, and he would say: ‘There is no harm in that, there is no harm in that.’ A man came to him and said: ‘I shaved my head before I slaughtered (my sacrifice),’ and he said: ‘There is no harm in that.’ He said: ‘I stoned (the Pillar) after evening came,’ and he said: ‘There is no harm in that.’”

“I heard Abu Hurairah say: ‘The Prophet (saw) led his Companions in a prayer; we think it was the Subh. He said: “Did anyone among you recite?” A man said: “I did.” He said: “I was saying to myself, what is wrong with me that someone is fighting to wrest the Qur’an from me?”

“A man came to the Prophet (saw) and said: ‘O Messenger of Allah, show me a deed which, if I do it, Allah will love me and people will love me. The Messenger of Allah (saw) said: “Be indifferent towards this world, and Allah will love you. Be indifferent to what is in people’s hands, and they will love you.”

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

The Prophet (saws) sent AbuJahm ibn Hudhayfah as a collector of zakat. A man quarrelled with him about his sadaqah (i.e. zakat), and AbuJahm struck him and wounded his head. His people came to the Prophet (saws) and said: Revenge, Messenger of Allah!

The Prophet (saws) said: You may have so much and so much. But they did not agree. He again said: You may have so much and so much. But they did not agree. He again said: You may have so much and so much. So they agreed.

The Prophet (saws) said: I am going to address the people in the afternoon and tell them about your consent.

They said: Yes. Addressing (the people), the Messenger of Allah (saws) said: These people of faith came to me asking for revenge. I presented them with so much and so much and they agreed. Do you agree?

They said: No. The immigrants (muhajirun) intended (to take revenge) on them. But the Messenger of Allah (saws) commanded them to refrain and they refrained.

He then called them and increased (the amount), and asked: Do you agree? They replied: Yes. He said: I am going to address the people and tell them about your consent. They said: Yes. The Prophet (saws) addressed and said: Do you agree? They said: Yes.

Muslim ibn Yasar al-Juhani said: When Umar ibn al-Khattab was asked about the verse "When your Lord took their offspring from the backs of the children of Adam" - al-Qa'nabi recited the verse--he said: I heard the Messenger of Allah (saws) say when he was questioned about it: Allah created Adam, then passed His right hand over his back, and brought forth from it his offspring, saying: I have these for Paradise and these will do the deeds of those who go to Paradise. He then passed His hand over his back and brought forth from it his offspring, saying: I have created these for Hell, and they will do the deeds of those who go to Hell.

A man asked: What is the good of doing anything, Messenger of Allah? The Messenger of Allah (saws) said: When Allah creates a servant for Paradise, He employs him in doing the deeds of those who will go to Paradise, so that his final action before death is one of the deeds of those who go to Paradise, for which He will bring him into Paradise. But when He creates a servant for Hell, He employs him in doing the deeds of those who will go to Hell, so that his final action before death is one of the deeds of those who go to Hell, for which He will bring him into Hell.

The Messenger of Allah (saws) used to sit with us in meetings and talk to us. When he stood up we also used to stand up and see him entering the house of one of his wives. One day he talked to us and we stood up as he stood up and we saw that an Arabi (a nomadic Arab) caught hold of him and gave his cloak a violent tug making his neck red.

AbuHurayrah said: The cloak was coarse. He turned to him and the Arabi said to him: Load these two camels of mine, for you do not give me anything from your property or from your father's property.

The Prophet (saws) said to him: No, I ask Allah's forgiveness; no, I ask Allah's forgiveness; no, I ask Allah's forgiveness. I shall not give you the camel-load until you make amends for the way in which you tugged at me.

Each time the Arabi said to him: I swear by Allah, I shall not do so.

He then mentioned the rest of the tradition. He (the Prophet), then called a man and said to him: Load these two camels of his: one camel with barley and the other with dates. He then turned to us and said: Go on your way with the blessing of Allah.

Two men brought a dispute before the Messenger of Allah (saws). One of them said: Pronounce judgement between us in accordance with Allah’s Book, Messenger of Allah! The other who had more understanding said: Yes, Messenger of Allah! Pronounce judgement between us in accordance with Allah’s Book, and allow me to speak. He (the Prophet) said: Speak, He then said: My son who was a hired servant with this(man) committed fornication with his wife, and when I was told that my son must be stoned to death, I ransomed him with a hundred sheep and a slave girl of mine; but when I asked the learned, they told me that my son should receive a hundred lashes and be banished for a year, and that stoning to death applied only to man’s wife. The apostle of Allah (saws) replied: By him in whose hand my soul is, I shall certainly pronounce judgment between you in accordance with Allah’s Book. Your sheep and your slave girl must be returned to you, and your son shall receive a hundred lashes and be banished for a year. And he commanded Unias al-Aslami go to that man’s wife, and if she confessed, he should stone her to death. She confessed and he stoned her.

We attended a funeral at Baql’ al-Gharqad which was also attended by the Messenger of Allah (May peace be upon him). The Messenger of Allah (May peace be upon him) came and sat down. He had a stick (in his hand) by which he began to scratch up the ground. He then raised his head and said : The place which every one of you and every soul of you will occupy in Hell or in Paradise has been recorded, and destined wicked or blesses. A man from among the people asked : Prophet of Allah! Should we not then trust simply in what has been recorded for us and abandon (doing good) deeds? Those who are among the number of the blessed will be inclined to blessing, and those of us who are among the number of the wicked will be inclined to wickedness. He replied : Go on doing good actions, for everyone is helped to do that for which he was created. Those who are among the number of wicked will be helped to do wicked deeds. The Prophet of Allah (May peace be upon him) then recited: “So he who gives (in charity) and fears (Allah), and in all sincerity testifies to the best, we will indeed make smooth for him the path to bliss. But he who is a greedy miser and thinks himself self-sufficient, and gives the lie to the best, We will indeed make smooth for him the path of misery.”

'Abd al-Hamid b. Abd 'Allah b. 'Abd Allah b. 'Umar b. al-Khattab copied to me a document about the religious endowment (waqf) made by 'Umar b. al-Khattab : In the name of Allah, the Compassionate, the Merciful. This is what Allah's servant 'Umar has written about Thamgh. He narrated the tradition like the one transmitted by Nafi'. He added: "provided he is not storing up goods (for himself)". The surplus fruit will be devoted to the beggar and the deprived. He then went on with the tradition, saying: If the man in charge of Thamgh wishes to buy a slave for his work for its fruits (by selling them), he may do so. Mu'iqib penned it and 'Abd Allah b. al-Arqam witnessed it : In the name of Allah, the Compassionate, the Merciful. This is what Allah's servant 'Umar , Commander of Faithful, directed, in case of some incident happens to him (i.e. he dies), that Thamg, Sirmah b. al-Akwa', the servant who is there, the hundred shares in (the land of) Khaibr, the servant who is there and the hundred sahres which Muhammad (saws) had donated to me in the valley (nearly) will remain in the custody of Hafsah during her life, then the men of opinion from her family will be in charge of these (endowments), that these will neither be sold not purchased, spending (its produce) where they think (necessary on the beggar, deprived and relatives). There is no harm to the one in charge (of this endowment) if he eats himself, or feeds, or buys slaves with it.

The Prophet (saws) said: ...... He then narrated the tradition about drawing the line.

Sufyan said: We did not find anything by which we could reinforce this tradition, and this has been narrated only through this chain.

He ('Ali b. al-Madini, a narrator) said: I said to Sufyan: There is a difference of opinion of the name (Abu Muhammad b. 'Amr). He pondered for a moment and then said: I do not remember except Abu Muhammad b. 'Amr Sufyan said: A man had come to Kufah after the death of Isma'il b. Umayyah ; he was seeking Abu Muhammad until he found him. He asked him (about this tradition) but he became confused. Abu Dawud said: I heard Ahmad b. Hanbal who was questioned many times how the line should be drawn. He replied: In this way. horizontally like crescent.

Abu Dawud said: I heard Musaddad say: Ibn Dawud said: The line should be drawn perpendicularly.

Abu Dawud said: I heard Ahmad b. Hanbal describing many times how the line should be drawn. He said: In this way horizontally in the round semi-circular form like the crescent, that is (the line should be) a curve.

We served ourselves in the company of Messenger of Allah (saws). We tended our camels by turn. One day I had my turn to tend the camels, and I drove them in the afternoon. I found the Messenger of Allah (saws) addressing the people. I heard him say: Anyone amongst you who performs ablution, and does it well, then he stands and offers two rak’ahs of prayer, concentrating on it with his heart and body, Paradise will be his lot by all means. I said: Ha-ha! How fine it is! A man in front of me said: The action (mentioned by the Prophet) earlier, O ‘Uqbah, is finer that this one. I looked at him and found him to be ‘Umar b. al-Khattab. I asked him: What is that, O Abu Hafs? He replied: He (the Prophet) had said before you came: If any one of you performs ablution, and does it well, and when he finishes the ablution, he utters the words : I bear witness that there is no deity except Allah, He has no associate, and I bear witness that Muhammad is His Servant and His Messenger, all the eight doors of Paradise will be opened for him; he may enter (through) any of them.

Mu’awiyah said: Rabi’ah b. Yazid narrated this tradition to me from Abu Idris and the authority of ‘Uqbah b.’Amir.

Abu Salamah bin ‘Abd Al Rahman reported on the authority of Fatimah daughter of Qais Abu ‘Amr bin Hafs divorced her (Fatimah daughter of Qais) absolutely when he was away from home and his agent sent her home barley. She was displeased with it. He said “I swear by Allah, you have no claim on us. She then came to Apostle of Allah (saws) and mentioned that to him. He said to her “No maintenance is due to you from him. He ordered her to spend the waiting period in the house of Umm Sharik but he said afterwards “that is a woman whom my Companions visit. Spend the waiting period in the house of Ibn Umm Maktum for he is blind and you can undress. Then when you are in a position of being remarried, tell me.” She said “When I was in a position to remarry, I mentioned to him that Mu’awiyah bin Abi Sufyan and Abu Jahm had asked me in marriage. The Apostle of Allah (saws)said “As for Abu Jahm, he does not put down his stick from his shoulder, and as for Mu’awiyah he is a poor man who has no property; marry Usamah bin Zaid. I disliked him but he said “Marry Usamah bin Zaid. So, I married him. And Allah prospered him very much and I was envied.”

what do you mean by looking at me with furtive glances. Then they glorified Allah. When the prophet (may peace be upon him) finished his prayer, he asked; who was the speaker? The Prophet told him; this Bedouin. The Messenger of Allah (may peace be upon him) called me and said to me: Prayer is meant for the recitation of the Quran, and making mention of Allah. When you are in it (prayer), this should be your work therein. I never saw an instructor more lenient than the Messenger of Allah (may peace be upon him)

Abu Hurairah said “The Prophet (saws) sent ten persons (on an expedition) and appointed ‘Asim bin Thabit their commander. About one hundred men of Hudhail who were archers came out to (attack) them. When ‘Asim felt their presence, they took cover in a hillock. They aid to them “Come down and surrender and we make a covenant and pact with you that we shall not kill any of you”. ‘Asim said “I do not come to the protection of a disbeliever. Then they shot them with arrows and killed ‘Asim in a company of seven persons. The other three persons came down to their covenant and pact. They were Khubaib, Zaid bin Al Lathnah and another man. When they overpowered them, they untied their bow strings and tied them with them”. The third person said “This is the first treachery. I swear by Allaah, I shall not accompany you. In them (my companions) is an example for me. They pulled him, but he refused to accompany them, so they killed him. Khubaib remained their captive until they agreed to kill him. He asked for a razor to shave his pubes. When they brought him outside to kill him. Khubaib said to them “Let me offer two rak’ahs of prayer”. He then said “I swear by Allaah, if you did not think that I did this out of fear. I would have increased (the number of rak’ahs).

Habib ibn Abi Thabit said, "When a man spoke, they used to like that he not turn to one particular man, but rather he should address everyone."

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 credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Abu Musa al-Ashari came to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and said to her, "The disagreement of the companions in a matter which I hate to bring before you has distressed me." She said, "What is that? You did not ask your mother about it, so ask me." He said, "A man penetrates his wife, but becomes listless and does not ejaculate. "She said, "When the circumcised part passes the circumcised part ghusl is obligatory." Abu Musa added, "I shall never ask anyone about this after you."

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."

Yahya related to me from Malik from Zayd ibn Aslam from his brother Khalid ibn Aslam that Umar ibn al-Khattab once broke thefast on a cloudy day thinking that evening had come and the sun had set. Then a man came to him and said, "Amir al-muminin, the sun has come out,'' and Umar said, "That's an easy matter. It was our deduction (ijtihad)."

Malik said, "According to what we think, and Allah knows best, what he was referring to when he said, 'That's an easy matter' was making up the fast, and how slight the effort involved was and how easy it was. He was saying (in effect), 'We will fast another day in its place.' "

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

Yahya related to me from Malik, from Hisham ibn 'Urwa, that his father would stop saying the talbiya when he entered the Haram, if he was doing 'umra.

Malik said that someone who went into ihram at at-Tanim should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of Madina, or elsewhere, who had begun doing umra at one of the mawaqit, should stop saying the talbiya, and he said, "Someone who goes into ihram at one of the mawaqit should stop saying the talbiya when he arrives at the Haram."

Malik added, "I have heard that Abdullah ibn Umar used to do that."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.

Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).

Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, borrowed a young camel and then the camels of sadaqa came to him." Abu Rafi said, "He ordered me to repay the man his young camel. I said, 'I can only find a good camel in its seventh year in the camels.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him. The best of people are those who discharge their debts in the best manner.' "

Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire."

Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."

Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid, the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Memorize the characteristics of the object found, then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah?' He said, 'They are yours, your brother's or the wolf's.' He said, 'And the lost camel?' He said, 'It's none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."