Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

The Prophet said, "A woman is married for four things, i.e., her wealth, her family status, her beauty and her religion. So you should marry the religious woman (otherwise) you will be a losers.

Allah's Apostle said, "A faithful believer remains at liberty regarding his religion unless he kills somebody unlawfully."

I went to the Prophet in the mosque (the sub-narrator Mas`ar thought that Jabir had said, "In the forenoon.") He ordered me to pray two rak`at. He owed me some money and he repaid it to me and gave more than what was due to me.

That the Messenger of Allah (saws) said: "Whoever dies and he is free of three: Kibr (Pride), Ghulul, and debt, he will enter paradise."

There are narrations on this topic from Abu Hurairah and Zaid bin Khalid Al-Juhni

Footnote: Ghulul refers to goods stolen from the spoils of war, or concealed, before it is divided among the soldiers

Sulaym ibn Mutayr reported on the authority of his father that Mutayr went away to perform hajj.

When he reached as-Suwaida', a man suddenly came searching for medicine and ammonium anthorhizum extract, and he said: A man who heard the Messenger of Allah (saws) addressing the people commanding and prohibiting them, told me that he said: O people, accept presents so long as they remain presents; but when the Quraysh quarrel about the rule, and the presents are given for the religion of one of you, then leave them alone.

Abu Dawud said: This tradition has been transmitted by Ibn al-Mubarak from Muhammad b. Yasar from Sulaim b. Mutair.

I was a blacksmith and Al-Asi Bin Wail owed me a debt, so I went to him to demand it. He said to me. "I will not pay you your debt till you disbelieve in Muhammad." I said, "I will not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I be resurrected after my death? If so, I shall pay you (there) if I should find wealth and children." So there was revealed:-- 'Have you seen him who disbelieved in Our Signs, and yet says: I shall certainly be given wealth and children? Has he, known to the unseen or has he taken a covenant from (Allah) the Beneficent? Nay ! We shall record what he says, and we shall add and add to his punishment. And We shall inherit from him all that he talks of, and he shall appear before Us alone.' (19.77-80)

Abu Dawud said : “when the time draws near” means that when the day and night are equal.

Magic was worked on Allah's Apostle so that he began to imagine that he had done something although he had not. One day while he was with me, he invoked Allah and invoked for a long period and then said, "O `Aisha! Do you know that Allah has instructed me regarding the matter I asked Him about?" I asked, "What is that, O Allah's Apostle?" He said, "Two men came to me; one of them sat near my head and the other sat near my feet. One of them asked his companion, 'What is the disease of this man?' The other replied, 'He is under the effect of magic.' The first one asked, 'Who has worked magic on him?" The other replied, 'Labid bin A'sam, a Jew from the tribe of Bani Zuraiq.' The (first one asked), 'With what has it been done?' The other replied, 'With a a comb and the hair stuck to it and a skin of the pollen of a male datepalm tree.' The first one asked, 'Where is it?' The other replied, 'In the well of Dharwan.' Then the Prophet went along with some of his companions to that well and looked at that and there were date palms near to it. Then he returned to me and said, 'By Allah the water of that well was (red) like the infusion of Henna leaves and its date-palms were like the heads of devils" I said, O Allah's Apostle! Did you take those materials out of the pollen skin?" He said, 'No! As for me Allah has healed me and cured me and I was afraid that (by Showing that to the people) I would spread evil among them when he ordered that the well be filled up with earth, and it was filled up with earth "

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."

I came to the Prophet in order to consult him regarding my father's debt. When I knocked on the door, he asked, "Who is that?" I replied, "I" He said, "I, I?" He repeated it as if he disliked it.

I went to the Prophet while he was in the Mosque. (Mas`ar thinks, that Jabir went in the forenoon.) After the Prophet told me to pray two rak`at, he repaid me the debt he owed me and gave me an extra amount.

Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for who-ever kills them shall have reward on the Day of Resurrection."

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

The narrator Waki’ said: I saw ‘ Ali perform ablution and wash the upper part of his feet, and say : Had I not seen the Messenger of Allah(saws) doing like this –and he narrated the tradition in full.

Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

Allah's Apostle said, "From among the portents of the Hour are (the following): -1. Religious knowledge will be taken away (by the death of Religious learned men). -2. (Religious) ignorance will prevail. -3. Drinking of Alcoholic drinks (will be very common). -4. There will be prevalence of open illegal sexual intercourse.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

The Prophet said, "I am more closer to the believers than their own selves, so whoever (of them) dies while being in debt and leaves nothing for its repayment, then we are to pay his debts on his behalf and whoever (among the believers) dies leaving some property, then that property is for his heirs."

If the religion were based on opinion, it would be more important to wipe the under part of the shoe than the upper but I have seen the Messenger of Allah (saws) wiping over the upper part of his shoes.

Yahya related to me from Malik that he heard that Luqman al-Hakim made his will and counselled his son, saying, "My son! Sit with the learned men and keep close to them. Allah gives life to the hearts with the light of wisdom as Allah gives life to the dead earth with the abundant rain of the sky."

I heard Allah's Apostle saying, "There will appear some people among you whose prayer will make you look down upon yours, and whose fasting will make you look down upon yours, but they will recite the Qur'an which will not exceed their throats (they will not act on it) and they will go out of Islam as an arrow goes out through the game whereupon the archer would examine the arrowhead but see nothing, and look at the unfeathered arrow but see nothing, and look at the arrow feathers but see nothing, and finally he suspects to find something in the lower part of the arrow."

(the wife of the Prophet) I had seen my parents following Islam since I attained the age of intelligence. Not a day passed but the Prophet visited us, both in the mornings and evenings. My father Abu Bakr thought of building a mosque in the courtyard of his house and he did so. He used to pray and recite the Qur'an in it. The pagan women and their children used to stand by him and look at him with surprise. Abu Bakr was a soft-hearted person and could not help weeping while reciting the Qur'an. The chiefs of the Quraish pagans became afraid of that (i.e. that their children and women might be affected by the recitation of Qur'an).

Once the Prophet said (to me), "If the money of Bahrain comes, I will give you a certain amount of it." The Prophet had breathed his last before the money of Bahrain arrived. When the money of Bahrain reached, Abu Bakr announced, "Whoever was promised by the Prophet should come to us." I went to Abu Bakr and said, "The Prophet promised me so and so." Abu Bakr gave me a handful of coins and when I counted them, they were five-hundred in number. Abu Bakr then said, "Take twice the amount you have taken (besides).

Jabir bin `Abdullah said, "When the Prophet died, Abu Bakr received some property from Al-`Ala bin Al-Hadrami. Abu Bakr said to the people, "Whoever has a money claim on the Prophet, or was promised something by him, should come to us (so that we may pay him his right)." Jabir added, "I said (to Abu Bakr), Allah's Apostle promised me that he would give me this much, and this much, and this much (spreading his hands three times)." Jabir added, "Abu Bakr counted for me and handed me five-hundred (gold pieces), and then five-hundred, and then five-hundred."

(the wife of the Prophet) The commencement (of the Divine Inspiration) to Allah's Apostle was in the form of true dreams in his sleep, for he never had a dream but it turned out to be true and clear as the bright daylight. Then he began to like seclusions, so he used to go in seclusion in the cave of Hira where he used to worship Allah continuously for many nights before going back to his family to take the necessary provision (of food) for the stay. He come back to (his wife) Khadija again to take his provision (of food) likewise, till one day he received the Guidance while he was in the cave of Hira. An Angel came to him and asked him to read. Allah's Apostle replied, "I do not know how to read." The Prophet added, "Then the Angel held me (forcibly) and pressed me so hard that I felt distressed. Then he released me and again asked me to read, and I replied, 'I do not know how to read.' Thereupon he held me again and pressed me for the second time till I felt distressed. He then released me and asked me to read, but again I replied. 'I do not know how to read.' Thereupon he held me for the third time and pressed me till I got distressed, and then he released me and said, 'Read, in the Name of your Lord Who has created (all that exists), has created man out of a clot, Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen, has taught man that which he knew not." (96.1-5). Then Allah's Apostle returned with that experience; and the muscles between his neck and shoulders were trembling till he came upon Khadija (his wife) and said, "Cover me!" They covered him, and when the state of fear was over, he said to Khadija, "O Khadija! What is wrong with me? I was afraid that something bad might happen to me." Then he told her the story. Khadija said, "Nay! But receive the good tidings! By Allah, Allah will never disgrace you, for by Allah, you keep good relations with your Kith and kin, speak the truth, help the poor and the destitute, entertain your guests generously and assist those who are stricken with calamities." Khadija then took him to Waraqa bin Naufil, the son of Khadija's paternal uncle. Waraqa had been converted to Christianity in the Pre-lslamic Period and used to write Arabic and write of the Gospel in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said (to Waraqa), "O my cousin! Listen to what your nephew is going to say." Waraqa ...

Yahya related to me from Malik that he had heard that Talha ibn Ubaydullah used to send his family and children from Muzdalifa to Mina ahead of him.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "No-one should pray over a dead person unless he is in wudu."

Yahya said that he heard Malik say, "I have not seen any person of knowledge disapproving of praying over either a child born of adultery or its mother."