Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

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."

Malik related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Said al-Khudri that some people of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to them. Then they asked him again, and he gave to them until he used up what he had. Then he said, "What wealth I have, I will not hoard from you. Whoever has forbearance, Allah will help him. Whoever tries to be independent, Allah will enrich him. Whoever tries to be patient, Allah will give him patience, and no one is given a better or vaster gift than patience."

I or somebody, asked Allah's Apostle "Which is the biggest sin in the Sight of Allah?" He said, "That you set up a rival (in worship) to Allah though He Alone created you." I asked, "What is next?" He said, "Then, that you kill your son, being afraid that he may share your meals with you." I asked, "What is next?" He said, "That you commit illegal sexual intercourse with the wife of your neighbor." Then the following Verse was revealed to confirm the statement of Allah's Apostle: "Those who invoke not with Allah, any other god, nor kill life as Allah has forbidden except for just cause, nor commit illegal sexual intercourse." (25.68)

that the Prophet entered upon her when she had her menses at Sarif before entering Mecca, and she was weeping (because she was afraid that she would not be able to perform the Hajj). The Prophet said, "What is wrong with you? Have you got your period?" She said, "Yes." He said, "This is a matter Allah has decreed for all the daughters of Adam, so perform all the ceremonies of Hajj like the others, but do not perform the Tawaf around the Ka`ba." `Aisha added: When we were at Mina, beef was brought to me and I asked, "What is this?" They (the people) said, "Allah's Apostle has slaughtered some cows as sacrifices on behalf of his wives."

that he came to `Aisha and said to her, "O Mother of the Believers! There is a man who sends a Hadi to Ka`ba and stays in his city and requests that his Hadi camel be garlanded while he remains in a state of Ihram from that day till the people finish their Ihram (after completing all the ceremonies of Hajj)" (What do you say about it?) Masruq added, I heard the clapping of her hands behind the curtain. She said, "I used to twist the garlands for the Hadi of Allah's Apostle and he used to send his Hadi to Ka`ba but he never used to regard as unlawful what was lawful for men to do with their wives till the people returned (from the Hajj).

While I was a companion rider with the Prophet he said, "O Mu`adh!" I replied, "Labbaik wa Sa`daik." He repeated this call three times and then said, "Do you know what Allah's Right on His slaves is?" I replied, "No." He said, Allah's Right on His slaves is that they should worship Him (Alone) and should not join partners in worship with Him." He said, "O Mu`adh!" I replied, "Labbaik wa Sa`daik." He said, "Do you know what the right of (Allah's) salves on Allah is, if they do that (worship Him Alone and join none in His worship)? It is that He will not punish them." (another chain through Mu'adh)

A man said, "O Allah's Apostle! Which sin is the greatest in Allah's Sight?" The Prophet said, "To set up a rival unto Allah though He Alone created you . " The man said, "What is next?" The Prophet said, "To kill your son lest he should share your food with you." The man said, "What is next?" The Prophet said, "To commit illegal sexual intercourse with the wife of your neighbor." So Allah revealed in confirmation of this narration:-- 'And those who invoke not with Allah, any other god. Nor kill, such life as Allah has forbidden except for just cause nor commit illegal sexual intercourse. And whoever does this shall receive the punishment.' (25.68)

Allah's Apostle said, "A man who never did any good deed, said that if he died, his family should burn him and throw half the ashes of his burnt body in the earth and the other half in the sea, for by Allah, if Allah should get hold of him, He would inflict such punishment on him as He would not inflict on anybody among the people. But Allah ordered the sea to collect what was in it (of his ashes) and similarly ordered the earth to collect what was in it (of his ashes). Then Allah said (to the recreated man ), 'Why did you do so?' The man replied, 'For being afraid of You, and You know it (very well).' So Allah forgave him."

A man said, "O Allah's Apostle! Which sin is the biggest in Allah's Sight?" The Prophet said, "To set up rivals unto Allah though He Alone created you." That man said, "What is next?" The Prophet said, "To kill your son lest he should share your food with you.'' The man said, "What is next?" The Prophet said, "To commit illegal sexual intercourse with the wife of your neighbor." Then Allah revealed in confirmation of that: "And those who invoke not with Allah any other god, nor kill such life as Allah has made sacred except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment..... (25.68)

Yahya related to me from Malik that Yahya ibn Said said, "Once Muhammad ibn Yahya ibn Habban and I were sitting down, and Muhammad called a man over to him and said to him, 'Tell me what you have heard from your father.' The man replied that his father had told him that he went to Zayd ibn Thabit and asked him, 'What do you think of reciting the whole Qur'an in seven days?' Zayd said, 'That's good, but I prefer to recite it in two weeks, or ten days. Ask me why that is.' He said, 'I ask you then.' Zayd said, 'So that I can reflect on it and pause in it.' "

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.' "

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] Waki' reported this Hadith from Yazid bin Ibrahim, from Ibn Sirin, from Ayyub, from Hakim bin Hizam, and he did not mention in it: "From Yusuf bin Mahak."

And the narration of 'Abdus-Samad (a narrator in the chain of Hadith no. 1235) is more correct.

Yahya bin Abi Kathir reported this Hadith from Ya'la bin Hakim, from Yusuf bin Mahak, from 'Abdullah bin 'Ismah, from Hakim bin Hizam, from the Prophet (saws).

This Hadith is acted upon according to most of the people of knowledge, they dislike for a man to sell what is not with him.

That the Messenger of Allah (saws) said: "Deeds are but with intentions, and for the man is only what he intended. So one whose emigration was to Allah and His Messenger, then his emigration was to Allah and His Messenger. And one whose emigration was to the world, to attain some of it, or woman, to marry her, then his emigration was to what he emigrated.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Malik bin Anas, Sufyan Ath-Thawri and more than one of the A'immah narrated this Hadith from Yahya bin Sa'eed. And we do not know of it except as a narration from Yahya bin Sa'eed Al-Ansari. 'Abdur Rahman bin Mahdi said: "It is necessary that we put this Hadith in every chapter."

While I was with Ibn `Abbas a man came and said, "O father of `Abbas! My sustenance is from my manual profession and I make these pictures." Ibn `Abbas said, "I will tell you only what I heard from Allah's Apostle . I heard him saying, 'Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.' " Hearing this, that man heaved a sigh and his face turned pale. Ibn `Abbas said to him, "What a pity! If you insist on making pictures I advise you to make pictures of trees and any other unanimated objects."

The Prophet said, "On the Day of Resurrection Abraham will meet his father Azar whose face will be dark and covered with dust.(The Prophet Abraham will say to him): 'Didn't I tell you not to disobey me?' His father will reply: 'Today I will not disobey you.' 'Abraham will say: 'O Lord! You promised me not to disgrace me on the Day of Resurrection; and what will be more disgraceful to me than cursing and dishonoring my father?' Then Allah will say (to him):' 'I have forbidden Paradise for the disbelievers." Then he will be addressed, 'O Abraham! Look! What is underneath your feet?' He will look and there he will see a Dhabh (an animal,) blood-stained, which will be caught by the legs and thrown in the (Hell) Fire."

On the day of the Conquest of Mecca, when the Prophet had given (from the booty) the Quraish, the Ansar said, "By Allah, this is indeed very strange: While our swords are still dribbling with the blood of Quraish, our war booty are distributed amongst them." When this news reached the Prophet he called the Ansar and said, "What is this news that has reached me from you?" They used not to tell lies, so they replied, "What has reached you is true." He said, "Doesn't it please you that the people take the booty to their homes and you take Allah's Apostle to your homes? If the Ansar took their way through a valley or a mountain pass, I would take the Ansar's valley or a mountain pass."

The Messenger of Allah (saws) entered the mosque (and saw that) a rope tied between two pillars. He asked: What is this rope (for) ? The people told him: This is (for) Hamnah b. Jahsh who prays (here). When she is tired, she reclines on it. The Messenger of Allah (saws) said: She should pray as much as she has strength. When she is tired, she should sit down.

This version of Ziyad has: He said: What is this ? The people told him: This is for Zainab who prays. When she becomes lazy, or is tired, she holds it. He said: Undo it. One of you should pray in good spirits. When he is lazy or tired, he should sit down.

Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."

Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."

Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."

Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."

Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."

The Prophet (saws) said: There is no sin more fitted to have punishment meted out by Allah to its perpetrator in advance in this world along with what He stores up for him in the next world than oppression and severing ties of relationship.

The Messenger of Allah (saws) said to me: Have the mugharribun been seen (or some other word) among you? I asked: What do the mugharribun mean? He replied: They are those in whom is a strain of the jinn.

Malik related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab said, "Whoever revives dead land, it belongs to him."

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

I asked `Aisha what did the Prophet use to do at home. She replied. "He used to keep himself busy serving his family and when it was time for the prayer, he would get up for prayer."

Allah's Apostle was neither a Fahish (one who had a bad tongue) nor a Sabbaba (one who abuses others) and he used to say while admonishing somebody, "What is wrong with him? May dust be on his forehead!"

Yahya related to me from Malik that he asked Ibn Shihab about a pregnant woman who noticed bleeding. Ibn Shihab replied, "She refrains from prayer."

Yahya said that Malik said, "That is what is done in our community."

A man asked Anas, "What did you hear from the Prophet about garlic?" He said, "The Prophet said, 'Whoever has eaten this plant should neither come near us nor pray with us."

I heard the Messenger of Allah (saws) say: Allah, the Exalted, says: Son of Adam, do not be helpless in performing four rak'ahs for Me at the beginning of the day: I will supply what you need till the end of it.

Aisha wanted to buy a slave-girl in order to manumit her. The girl's masters stipulated that her Wala' would be for them. Allah's Apostle said (to `Aisha), "What they stipulate should not stop you, for the Wala' is for the liberator."

The Prophet said, "If somebody keeps a horse in Allah's Cause motivated by his faith in Allah and his belief in His Promise, then he will be rewarded on the Day of Resurrection for what the horse has eaten or drunk and for its dung and urine."

Usama bin Zaid was asked at what pace the Prophet rode during Hajjat-ul-Wada` "He rode at a medium pace, but when he came upon an open way he would go at full pace."

Allah's Apostle said, "This branch from Quraish will ruin the people." The companions of the Prophet asked, "What do you order us to do (then)?" He said, "I would suggest that the people keep away from them.''

The Prophet appointed `Abdullah bin Jubair as the commander of the cavalry archers on the day of the battle of Uhud. Then they returned defeated, and that what is referred to by Allah's Statement:-- "And the Apostle (Muhammad) was in your rear calling you back." (3.153)

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

The Messenger of Allah (saws) said about the game hunted by a dog: If you set off your dog and have mentioned Allah's name, eat (it), even if it eats any of it; and eat what your hands return you.