Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

"I heard Anas saying: 'Once we provoked a rabbit at Marr Az-Zahran. So the Companions of the Messenger of Allah (saws) rushed after it, and I caught up to it and captured it. I brought it to Abu Talhah who slaughtered it with Marwah. He sent me with its legs - or its thighs - to the Prophet (saws) so he could eat it.'" He (Hisham) said: "I said: 'He ate it?' He said:'He accepted it.'"

[Abu 'Eisa said:] There are narrations on this topic from Jubair, 'Ammar, Muhammad bin Safwan, and they say: Muhammad bin Saifi.

This Hadith is Hasan Sahih. This is acted upon according to the people of knowledge. They saw no harm in eating rabbit. Some of the people of knowledge disliked eating rabbit, they said that it menstruates.

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

`Ali and `Uthman differed regarding Hajj-at-Tamattu` while they were at 'Usfan (a familiar place near Mecca). `Ali said, "I see you want to forbid people to do a thing that the Prophet did?" When `Ali saw that, he assumed Ihram for both Hajj and `Umra.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

Allah's Apostle said, "If any one of you improve (follows strictly) his Islamic religion then his good deeds will be rewarded ten times to seven hundred times for each good deed and a bad deed will be recorded as it is."

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

While I was in the company of the Prophet on a farm and he was reclining on a palm leave stalk, some Jews passed by. Some of them said to the others. "Ask him (the Prophet about the spirit." Some of them said, "What urges you to ask him about it" Others said, "(Don't) lest he should give you a reply which you dislike." But they said, "Ask him." So they asked him about the Spirit. The Prophet kept quiet and did not give them any answer. I knew that he was being divinely inspired so I stayed at my place. When the divine inspiration had been revealed, the Prophet said. "They ask you (O, Muhammad) concerning the Spirit, Say: "The spirit," its knowledge is with my Lord; and of knowledge you (mankind) have been given only a Little." (17.85)

I heard the Messenger of Allah (saws) say: It is great treachery that you should tell your brother something and have him believe you when you are lying.

My father said, "Allah's Apostle said, "Whenever I stand for prayer, I want to prolong it but on hearing the cries of a child, I would shorten it as I dislike to put its mother in trouble."

The Prophet (saws) as saying : You women folk, have in silver something with which you adorn yourselves. I assure you that any woman of you who adorns herself with gold which she displays will be punished for it.

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Kab al-Ahbar said to a man who took off his sandals, "Why have you taken off your sandals? Perhaps you have interpreted this ayat, 'Remove your sandals. You are in the pure valley of Tuwa?' (Sura 20 ayat 12) Do you know what the sandals of Musa were?"

Malik (the father of Abu Suhayl) said, "I do not know what the man answered." Kab said, "They were made from the skin of a dead donkey."

Regarding the Verse: 'Those whom they call upon (worship) (like Jesus the Son of Mary or angels etc.) desire (for themselves) means of access, to their Lord....' (17.57) (It was revealed regarding) some Jinns who used to be worshipped (by human beings). They later embraced Islam (while those people kept on worshipping them).

We witnessed along with Allah's Apostle the Khaibar (campaign). Allah's Apostle told his companions about a man who claimed to be a Muslim, "This man is from the people of the Fire." When the battle started, the man fought very bravely and received a great number of wounds and got crippled. On that, a man from among the companions of the Prophet came and said, "O Allah's Apostle! Do you know what the man you described as of the people of the Fire has done? He has fought very bravely for Allah's Cause and he has received many wounds." The Prophet said, "But he is indeed one of the people of the Fire." Some of the Muslims were about to have some doubt about that statement. So while the man was in that state, the pain caused by the wounds troubled him so much that he put his hand into his quiver and took out an arrow and committed suicide with it. Off went some men from among the Muslims to Allah's Apostle and said, "O Allah's Apostle! Allah has made your statement true. So-and-so has committed suicide." Allah's Apostle said, "O Bilal! Get up and announce in public: None will enter Paradise but a believer, and Allah may support this religion (Islam) with a wicked man."

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

`Umar asked the people regarding Allah's Statement: 'When comes the Help of Allah (to you O Muhammad against your enemies) and the conquest of Mecca.' (110.1) They replied, "It indicates the future conquest of towns and palaces (by Muslims)." `Umar said, "What do you say about it, O Ibn `Abbas?" I replied, "(This Surat) indicates the termination of the life of Muhammad. Through it he was informed of the nearness of his death."

That Messenger of Allah (saws) said: "When one of you eats, then let him lick his fingers, for indeed he does not know in which of them is the blessing."

He said: There are narrations on this topic from Jabir, Ka'b bin Malik, and Anas.

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from this route, as a narration of Suhail. I asked Muhammad about this Hadith, so he said: "This is among the diverse narrations of 'Abdul-'Aziz, we do not know of it except from his narration."

I came to the Prophet (saws) and I had long hair. When the Messenger of Allah (saws) saw me, he said: Evil, evil! He said: I then returned and cut them off. I then came to him in the morning. He said (to me): I did not intend to do evil to you. This is much better.

Two men disputed about some property and brought the case to the Holy Prophet (saws), but neither of them could produce any proof. So the Holy Prophet (saws) said: Cast lots about the oath whatever it may be, whether they like it or dislike it.

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

When `Abdullah bin Ubai bin Salul died, Allah's Apostle was called in order to offer the funeral prayer for him. When Allah's Apostle got up (to offer the prayer) I jumped towards him and said, "O Allah's Apostle! Do you offer the prayer for Ibn Ubai although he said so-and-so on such-and-such-a day?" I went on mentioning his sayings. Allah's Apostle smiled and said, "Keep away from me, O `Umar!" But when I spoke too much to him, he said, "I have been given the choice, and I have chosen (this) ; and if I knew that if I asked forgiveness for him more than seventy times, he would be for given, I would ask it for more times than that." So Allah's Apostle offered the funeral prayer for him and then left, but he did not stay long before the two Verses of Surat-Bara'a were revealed, i.e.:-- 'And never (O Muhammad) pray for anyone of them that dies.... and died in a state of rebellion.' (9.84) Later I was astonished at my daring to speak like that to Allah's Apostle and Allah and His Apostle know best.

[He said:] There are narrations on this topic from 'Aishah, from 'Abdullah bin 'Umar, and Asma' bint Yazid.

[Abu 'Eisa said:] This Hadith is Hasan Sahih, we do not know of it except as a narration of Muhammad bin Al-Munkadir.

Sufyan Ath-Thawri, Malik bin Anas, and others reported this Hadith from Muhammad bin Al-Munkadir similarly. He said: I asked Muhammad about this Hadith and he said: "I am not aware of a Hadith other than this from Umaimah bint Ruqaiqah." There is another woman named Umaimah who narrated from the Messenger of Allah (saws).

(with regards to above) Malik said, "I believe that was during rain."

I will narrate to you a Habith I heard from Allah's Apostle and none other than I will tell you of it. I heard Allah's Apostle saying, "From among the portents of the Hour are the following: Religious knowledge will be taken away; General ignorance (in religious matters) will increase; illegal Sexual intercourse will prevail: Drinking of alcoholic drinks will prevail. Men will decrease in number, and women will increase in number, so much so that fifty women will be looked after by one man."

I will narrate to you a Hadith and none other than I will tell you about after it. I heard Allah's Apostle saying: From among the portents of the Hour are (the following): -1. Religious knowledge will decrease (by the death of religious learned men). -2. Religious ignorance will prevail. -3. There will be prevalence of open illegal sexual intercourse. -4. Women will increase in number and men will decrease in number so much so that fifty women will be looked after by one man.