“If anyone of you, when he stops to camp (while on a journey), says A’udhu bi kalimatil-lahit-tammati min sharri ma khalaq (I seek refuge in the Perfect Words of Allah from the evil of that which He has created), then nothing will harm him in that place until he moves on.”

“Is this garment of yours washed or a new one?” He said: “Rather it has been washed.” He said: “Ilbas jadida, wa `ish hamida, wa mut shahida (May you wear new clothes, live a good life and die as martyr).”

“The Messenger of Allah (saw) used to start his prayer by saying: ‘Subhanaka Allahumma wa bi hamdika, wa tabarakas-muka, wa ta’ala jadduka, wa la ilaha ghairuka (Glory and praise be to You, O Allah, blessed be Your Name and exalted be Your majesty, none has the right to be worshipped but you).”

“There are three whose prayer do not rise more than a hand span above their heads: A man who leads people (in prayer) when they do not like him; a woman who has spent the night with her husband angry with her; and two brothers who have severed contact with one another.”

“What do you long for?” He said: “I long for wheat bread.” The Prophet (SAW) said: “Whoever has any wheat bread, let him send it to his brother.” Then the Prophet (SAW) said: “If any sick person among you longs for something, then feed him.”

“I heard the Messenger of Allah (saw) say: ‘Paradise has one hundred grades, each of which is as big as the distance between heaven and earth. The highest of them is Firdaws and the best of them is Firdaws. The Throne is above Firdaws and from it spring forth the rivers of Paradise. If you ask of Allah, ask Him for Firdaws.’”

“The Messenger of Allah (saw) fainted when he was sick, then he woke up and said: ‘Has the time for prayer come?’ They said: ‘Yes.’ He said: ‘Tell Bilal to call the Adhan, and tell Abu Bakr to lead the people in prayer.’ Then he fainted, then he woke up and said: ‘Has the time for prayer come?’ They said: ‘Yes.’ He said: ‘Tell Bilal to call the Adhan, and tell Abu Bakr to lead the people in prayer.’ Then he fainted, then he woke up and said: ‘Has the time for prayer come?’ They said: ‘Yes.’ He said: ‘Tell Bilal to call the Adhan, and tell Abu Bakr to lead the people in prayer.’ ‘Aishah said: ‘My father is a tender-hearted man, and if he stands in that place he will weep and will not be able to do it. If you told someone else to do it (that would be better).’ Then he fainted, then woke up and said: ‘Tell Bilal to call the Adhan, and tell Abu Bakr to lead the people in prayer. You are (like) the female companions of Yusuf.’ So Bilal was told to call the Adhan and he did so, and Abu Bakr was told to lead the people in prayer, and he did so. Then the Messenger of Allah (saw) felt a little better, and he said: ‘Find me someone I can lean on.’ Barirah and another man came, and he leaned on them. When Abu Bakr saw him, he started to step back, but (the Prophet (saw)) gestured him to stay where he was. Then the Messenger of Allah (saw) came and sat beside Abu Bakr, until Abu Bakr finished praying. Then the Messenger of Allah (saw) passed away.”

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."

"He has three days in which to decide to keep them or not."

He was sitting with the Prophet who said: 'No person's prayer is complete until he performs ablution properly as Allah has commanded him, washing his face, his arms up to the elbows, wiping his head and his feet up to the ankles.'"

“Abu Bakr entered upon me, and there were two girls from the Ansar with me, singing about the Day of Bu'ath.” She said: “And they were not really singers. Abu Bakr said: 'The wind instruments of Satan in the house of the Prophet ?' That was on the day of 'Eid(Al-Fitr). But the Prophet said: 'O Abu Bakr, every people has its festival and this is our festival.' ”

the Prophet (SAW) said: "If a woman claims that her husband has divorced her, and she brings a witness of good character (to testify) to that, her husband should be asked to swear an oath. If he swears, that will invalidate the testimony of the witness, but if he refuses then that will be equivalent to a second witness, and the divorce will take effect."

"Allah has not sent any Prophet but he was a shepherd." His Companions said to him: "Even you, O Messenger of Allah?" He said: "Even me I used to tend the sheep of the people of Makkah for a few Qirats." (Sahih)(One of the narrators) Suwaid said: " Meaning one Qirat for every sheep."

“Whoever frees his share of a slave, the price of the slave should be fairly evaluated, and he (the partner who initiated this process) should free him (in full, by giving the rest of his price to the other co-owners), if he has enough wealth to do so. Otherwise, he will have freed whatever he freed.”

“Whoever suffers from killing or wounding, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the blood money. Whoever accepts any of these (options), then kills (the killer) after that will have the fire of hell to abide therein forever.”

“What do you desire?” He said: “I want wheat bread.” The Prophet (saw) said: “Whoever has wheat bread, let him send it to his brother.” Then the Prophet (saw) said: “When a sick person among you desires something, give it to him.”

“Safiyyah bint Huyai got her menses after she had done Tawaful-Ifadah.” ‘Aishah said: “I mentioned that to the Messenger of Allah (saw) and he said: ‘Has she detained us?’ I said: ‘She performed Tawaful-Ifadah then she got her menses after that.’ The Messenger of Allah (saw) said: ‘Then let her depart.’”

“If a funeral procession was brought and the number of people who followed it was considered to be small, they would be organized into three rows, then the funeral prayer would be offered.” He said: “The Messenger of Allah (SAW) said: ‘No three rows of Muslims offer the funeral prayer for one who has died, but he will be guaranteed (Paradise).’”

“Then Ibrahim the son of the Messenger of Allah (saw) died, the Messenger of Allah (SAW) prayed and said: ‘He has a wet-nurse in Paradise, and if he had lived he would have been a Siddiq and a Prophet. If he had lived his maternal uncles, the Egyptians, would have been set free and no Egyptian would ever have been enslaved.’”

“When the Messenger of Allah (SAW) suffered the agonies of death that he suffered, Fatimah said: ‘O my father, what a severe agony!’ The Messenger of Allah (SAW) said: ‘Your father will suffer no more agony after this day. There has come to your father that which no one can avoid, the death that everyone will encounter until the Day of Resurrection.’”

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

Sahl bin Sa’ad Al Sa’idi said that ‘Uwaimir bin Ashqar Al Ajilani came to ‘Asim bin Adl and said to him “Asim tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act? Ask the Apostle of Allaah(saws) ‘Asim, for me about it. ‘Asim then asked the Apostle of Allaah(saws) about it. The Apostle of Allaah(saws) disliked the question and denounced it. What ‘Asim heard from the Apostle of Allaah(saws) fell heavy on him. When ‘Asim returned to his family ‘Uwaimr came to him and asked ‘Asim “What did the Apostle of Allaah(saws) say to you”? Asim replied “You did not do good to me”. The Apostle of Allaah(saws) disliked the question that I asked him. Thereupon ‘Uwaimir said “I swear by Allaah, I shall not leave until I ask him about it. So, ‘Uwaimir came to the Apostle of Allaah(saws) while he was sitting in the midst of the people.” He said “Apostle of Allaah(saws) tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act?” The Apostle of Allaah(saws) said “A revelation has been sent down about you and your wife so go away and bring her. Sahl said “So we cursed one another while I was along with the people who were with the Apostle of Allaah(saws). Then when they finished, ‘Umamir said “I shall have lied against her, Apostle of Allaah(saws) if I keep her. He pronounced her divorce three times before the Apostle of Allaah(saws)commanded him (to do so).

Ibn Shihab said “Then this became the method of invoking curses.”

“The Messenger of Allah (saw) said: ‘Whoever wakes up in the morning and says upon waking: La ilaha illallah wahdahu la sharika lahu, lahul-mulku wa lahul-hamdu, wa Huwa ‘ala kulli shay’in Qadir; Subhan-Allah walhamdu lillahi, wa la ilaha illallahu, wa Allahu Akbar, wa la hawla wa la quwwata illa billahil-‘Aliyil-‘Azim (None has the right to be worshipped but Allah alone, with no partner or associate. His is the dominion and all praise is to Him, and He is Able to do all things. Glory is to Allah, praise is to Allah, none has the right to be worshiped but Allah, Allah is the Most Great, and there is no power and no strength except with Allah, the Most High, the Most Supreme), then he supplicates Rabbighfirli (O Lord, forgive me), he will be forgiven.’” Walid said: “Or he said: then if he supplicated, it will be answered for him then if he stood up and performed ablution and then performed prayer, his prayer would be accepted.”

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

The Messenger of Allah (ﷺ) stood at `Arafah and said: `This is the place of standing and all of `Arafah is a place of standing.` Then he put Usamah behind him (on his mount) and moved on at a measured pace on his camel, and the people were urging their camels on, right and left. He did not turn to them, but he said: “Calmly, O people.` Then he came to Jam` and offered two prayers there - i.e., Maghrib and Isha`. Then he stayed there all night, and when morning came he stood at Quzah, and said: `This is Quzah. This is the place of standing and all of Jam’ is a place of standing.` Then he moved on and when he came to Muhassir, he struck his she-camel and she trotted until he crossed the valley, then he reined her in and put al-Fadl behind him (on his mount). He carried on until he came to the Jamrah. He stoned it, then he came to the place of sacrifice and said: “This is the place of sacrifice and all of Mina is a place of sacrifice.` Then a young woman of Khath`am came to him and said: My father is an old man and has become senile; he has lived until Allah made Hajj obligatory. Will it be acceptable if I perform Hajj on his behalf ? He said: `Yes; perform Hajj on behalf of your father.” And he turned al-Fadl`s neck. Al-`Abbas said to him: O Messenger of Allah (ﷺ), why did you turn the neck of your cousin? He said: `I saw a young man and a young woman and I was afraid that the Shaitan [might tempt] them.` A man came to him and said: O Messenger of Allah (ﷺ), I did tawaful-ifadah before shaving my head. He said: `Go ahead and shave your head or cut your hair, there is no problem.” And he came to Zamzam and said: `O Banu `Abdul-Muttalib, it is your right to draw water for pilgrims. Were it not that the people would overwhelm you, I would have drawn water myself.`

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

Yahya related to me from Malik from Salih ibn Kaysan from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Zayd ibn Khalid al- Juhani said, "The Messenger of Allah, may Allah bless him and grant him peace, took the subh prayer with us at Hudaybiyya after it had rained in the night. When he had finished he went up to the people and said, 'Do you know what your Lord has said?' They said, 'Allah and His Messenger know best.' He said, 'Some of my slaves have begun the morning believing in Me, and others have begun it rejecting Me. As for those who say, 'We were rained on by the overflowing favour of Allah and His mercy,' they believe in Me and reject the stars. But as for those who say, 'We were rained on by such and such a star, they reject Me and believe in the stars.' "

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr, from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever says 'There is no god but Allah, alone, without any partner. The Kingdom and praise belong to Him and He has power over everything' (La ilaha illa'llah, wahdahu la sharika lah, lahu'l mulku wa lahu'l hamd, wa huwa ala kulli shay'in qadir) one hundred times a day, it is the same for him as freeing ten slaves. One hundred good actions are written for him and one hundred wrong actions are erased from him, and it is a protection from Shaytan for that day until the night. No-one does anything more excellent than what he does except someone who does more than that."

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

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

Yahya related to me that Malik said, "Someone whose passage to the House is blocked by an enemy is freed from every restriction of ihram, and should sacrifice his animal and shave his head wherever he has been detained, and there is nothing for him to make up afterwards."

Yahya related to me from Malik that he had heard that when the Messenger of Allah, may Allah bless him and grant him peace, and his companions came out of ihram at al-Hudaybiya they sacrificed their sacrificial animals and shaved their heads, and were freed from all the restrictions of ihram without having done tawaf of the House and without their sacrificial animals reaching the Kaba.

There is nothing known about the Messenger of Allah, may Allah bless him and grant him peace, ever telling any of his companions, or anybody else that was with him, to make up for anything they had missed or to go back to doing anything they had not finished doing.

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala ad-Dili from Muhammad ibn lmran al-Ansari that his father said that Abdullah ibn Umar came upon him while he stopped for a rest under a tall tree on the road to Makka, and he said, "What has made you stop under this tall tree?" He replied that he sought it's shade. Abdullah ibn Umar said, "Anything besides that?" and he said, "No, that was the only. reason he stopped for a rest," and Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are between al-Akhshabayn (which are two mountains) near Mina,' indicating the east with his outspread hand, 'you will find a valley called as-Surar with a tree in it beneath which the umbilical cords of seventy prophets have been cut.' "

Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."

Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "

Malik said, "Al-anat is fornication."

Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?" Zayd ibn Thabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgive you! We sit with you in order to learn from you!' He said, 'Give an opinion! 'I said, 'She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'He has spoken the truth.' "

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

Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."

Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

Malik said in the case of an umm walad who injured someone, "The blood-money of that injury is the responsibility of her master from his property, unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done, he does not owe any more than that, even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna, when he pays her price, it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad's value because of her criminal action."

Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

"I arrived in Al-Madinah and said: 'O Allah! Facilitate me to be in a righteous gathering.'" He said: "I sat with Abu Hurairah and said: 'Indeed I asked Allah to provide me with a righteous gathering. So narrate a hadith to me which you heard from Allah's Messenger (saws) so that perhaps Allah would cause me to benefit from it.' He said: 'I heard Allah's Messenger (saws) say: "Indeed the first deed by which a servant will be called to account on the Day of Resurrection is his Salat. If it is complete, he is successful and saved, but if it is defective, he has failed and lost. So if something is deficient in his obligatory (prayers) then the Lord, Mighty and Sublime says: 'Look! Are there any voluntary (prayers) for my worshipper?' So with them, what was deficient in his obligatory (prayers) will be completed. Then the rest of his deeds will be treated like that."

"A man from Hadramawt and a man from Kindah came to the Prophet (saws). The Hadrami said: 'O Messenger of Allah! This person took some land of mine.' The Kindi said:'It is my land, It is in my possession, and he has no right to it.' So the Prophet (saws) said to the Hadrami:'Do you have proof?' He said: 'No.' He said: 'Then you will have the oath.' He said: 'O Messenger of Allah! This man is a liar, it makes not difference what he takes an oath for, he is not ashamed of doing anything!' He said: 'There is nothing you deserve from him except that.' He said: So the man was left to take an oath for it, and in the meantime, the Messenger of Allah (saws) said: 'If he takes an oath [for your property] to wrongfully consume it, He will meet Allah while He is angry with him."

"The Messenger of Allah (saws) was a slave (of Allah), who would order as he has ben ordered to. He did not give an order to us instead of the people regarding anything except for three: He ordered us that we make our Wudu' well (Isbagh), that we not eat from charity, and the we not mate a donkey with a horse."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Sahih.

Sufyan Ath-Thawri reported this from Abu Jahdam, who said: "From 'Ubaidullah bin 'Abdullah bin 'Abbas, from Ibn 'Abbas." He said I heard Muhammad saying: "The narration of Ath-Thawri is not preserved. Ath-Thawri made a mistake in it. What is correct is what Ismail bin 'Ulaiyyah and 'Abul-Warith bin Sa'eed reported from Abu Jahdam, from 'Abdullah bin 'Ubaidullah bin 'Abbas from Ibn 'Abbas."

"The Messenger of Allah (saws) entered upon me and said: 'Do you have anything?' I said: 'No, except a piece of hard bread and vinegar.' so he said: 'Bring it, for a house that has vinegar is not impoverished of condiments."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. We do not know of it as a Hadith of Umm Hani' except through this route. Abu Hamzah Ath-Thumali's (a narrator in the chain) name is Thabit bin Abi Safiyyah. And Umm Hani' died some time after 'Ali bin Abi Talib. I asked Muhammad about this Hadith. He said: "I do not know Ash-Sha'bi hearing from Umm Hani'." So I said: "How is Abu Hamzah according to you?" He said: "Ahmad bin Hanbal criticized him, but he is Muqarib (average) in Hadith to me."

That the Messenger of Allah (saws) said: "Whoever drinks Khamr, Salat is not accepted from him for forty days. If he repents, then Allah will accept his repentance. It he returns to it, then Allah will not accept his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it, then Allah will not accepts his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it a fourth time, Allah will not accept his Salat for forty days, and if he were to repent, Allah would not accept his repentance, and he will be given to drink from the river of Al-Khabal." They said: "O Aby 'Abdur-Rahman! What is the river of Al-Khabal?" He said: "A river of the pus from the inhabitants of the Fire."

[Abu 'Eisa said:] This Hadith is Hasan. Similar to this has been reported from 'Abdullah bin 'Amr and Ibn 'Abbas from the Prophet (saws).

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

"The Prophet (saws) judged that the produce is produce is for the responsible one."

[He said:] This Hadith is Hasan Sahih, Gharib as a Hadith of Hisham bin 'Urwah (a narrator).

[Abu 'Eisa said:] Muslim bin Khalid Az-Zanji reported this Hadith from Hisham, from 'Urwah. Jarir reported it from Hisham as well. It is said that the narration of Jarir has Tadlis in in it, that Jarir committed the Tadlis, he did not hear it from Hisham bin 'Urwah.

As for the meaning of "the produce is for the responsible one," he is the man who purchased the slave then the slave produced for him, and he found some defect in him so he returned him to the seller. Then the produce (of his work) is the purchaser's. In cases similar to this, the produce is for the responsible one.

[Abu 'Eisa said:] Muhammad bin Isma'il called this Hadith Gharib, as a narration of 'Umar bin 'Ali (one of the narrators). I said: "Do you think that he committed Tadlis?" He said:"No".

“I heard Muhammad bin Ka’b Al-Qurazi – forty years ago – narrating from Zaid bin Arqam [may Allah be pleased with him] that during the battle of Tabuk, Abdullah bin Ubayy said: “If we return to Al-Madinah, indeed the more honorable will expel therefrom the meaner.” He said: ‘So I went to the Prophet and mentioned that to him, but he (Abdullah) took an oath that he did not say it. My people blamed me for that, they said: “What did you expect to accomplish from this?’ So I went to my house and slept full of grief. Then the Prophet came to me’ or ‘I went to him, and he said: “Indeed Allah has verified the truth of what you said.” He said: ‘So this Ayah was revealed: there are the ones who say: “Do not spend on those who are with the Messenger of Allah until they desert from him.”