Malik related to me from Ibn Shihab that he asked Salim ibn 'Abdullah ibn Umar about renting out fields. He said, "There is no harm in it for gold or silver." Ibn Shihab said, "I said to him, 'What do you think of the hadith which is mentioned from Rafi ibn Khadij?'" He said, ''Rafi has exaggerated. If I had a field, I would rent it out."

Yahya related to me from Malik that he used to hear the people of knowledge say,"There is no harm in fasting continuously as long as one breaks the fast on the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting, namely, the days of Mina, the day of Adha and the day of Fitr, according to what we have heard."

Malik said, "This is what I like most out of what I have heard about the matter."

Yahya related to me from Malik from Nafi from a man of the Ansar from Muadh ibn Sad or Sad ibn Muadh that a slave-girl of Kab ibn Malik was herding some sheep at Sal (a mountain near Madina). One of the sheep was about to die, so she went over to it and slaughtered it with a stone. The Messenger of Allah, may Allah bless him and grant him peace, was asked about that, and he said, "There is no harm in it, so eat it."

The Prophet bought some foodstuff from a Jew on credit and mortgaged his armor to him.

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by the sea and he forbade him to eat it. Then Abdullah turned and asked for a Qur'an, and read, "The game of the sea and its flesh are halal for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn Abi Hurayra to say that there was no harm in eating it."

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

Allah's Apostle entered upon sick man to pay him a visit, and said to him, "Don't worry, Allah willing, (your sickness will be) an expiation for your sins." The man said, "No, it is but a fever that is boiling within an old man and will send him to his grave." On that, the Prophet said, "Then yes, it is so."

Allah's Apostle entered upon a sick bedouin in whom he went to visit and said to him, "Don't worry, Tahur (i.e., your illness will be a means of cleansing of your sins), if Allah Will." The bedouin said, "Tahur! No, but it is a fever that is burning in the body of an old man and it will make him visit his grave." The Prophet said, "Then it is so."

Allah's Apostle used to treat with a Ruqya saying, "O the Lord of the people! Remove the trouble The cure is in Your Hands, and there is none except You who can remove it (the disease) . "

(On `Id) We used to forbid our virgins to go out (for `Id prayer). A lady came and stayed at the fortress of Bani Khalaf. She mentioned that her sister was married to one of the companions of Allah's Apostle who participated in twelve Ghazawats along with Allah's Apostle and her sister was with him in six of them. She said, "We used to dress the wounded and look after the patients." She (her sister) asked Allah's Apostle , "Is there any harm for a woman to stay at home if she doesn't have a veil?" He said, "She should cover herself with the veil of her companion and she should take part in the good deeds and in the religious gatherings of the believers." When Um 'Atiyya came, I asked her. "Did you hear anything about that?" Um 'Atiyya said, "Bi Abi" and she never mentioned the name of Allah's Apostle without saying "Bi Abi" (i.e. 'Let my father be sacrificed for you'). We asked her, "Have you heard Allah's Apostle saying so and so (about women)?" She replied in the affirmative and said, "Let my father be sacrificed for him. He told us that unmarried mature virgins who stay often screened or unmarried young virgins and mature girls who stay often screened should come out and take part in the good deeds and in the religious gatherings of the believers. But the menstruating women should keep away from the Musalla (praying place)." I asked her, "The menstruating women?" She replied, "Don't they present themselves at `Arafat and at such and such places?"

concerning the Verse: 'Do not prevent them' (2.232) Ma'qil bin Yasar told me that it was revealed in his connection. He said, "I married my sister to a man and he divorced her, and when her days of 'Idda (three menstrual periods) were over, the man came again and asked for her hand, but I said to him, 'I married her to you and made her your bed (your wife) and favored you with her, but you divorced her. Now you come to ask for her hand again? No, by Allah, she will never go back to you (again)!' That man was not a bad man and his wife wanted to go back to him. So Allah revealed this Verse: 'Do not prevent them.' (2.232) So I said, 'Now I will do it (let her go back to him), O Allah's Apostle."So he married her to him again.

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

Karimah, daughter of Hammam, told that a woman came to Aisha (Allah be pleased with her) and asked her about dyeing with henna. She replied: There is no harm, but I do not like it. My beloved, the Messenger of Allah (saws), disliked its odour.

Abu Dawud said: She meant the colour of hair of the head.

Hajjaj reported from Hammam and Shaqiq narrated a similar tradition to us from ‘Asim b. Kulaib on the authority of his father from the Prophet(saws).

And another version narrated by one of them has-and I think in all probability that this version has been narrated by Muhammad b. Juhadah-when he got up (after prostration), he got up with his knees and gave his weight on his thighs.

I asked Rafi' b. Khadij about the lease of land for gold and silver (i.e. for dinars and dirhams). There is no harm in it, for the people used to let out land in the time of the Messenger of Allah (saws) for what grew by the current of water and at the banks of streamlets and at the places of cultivation. So sometimes this (portion) perished and that (portion) was saved, and sometimes this remained intact and that perished. There was no (form of) lease among the people except this. Therefore, he forbade it. But if there is something which is secure and known, then there is no harm in it. The tradition of Ibrahim is more perfect. Qutaibah said: "from Hanzalah on the authority of Rafi' ".

Abu Dawud said: A similar tradition has been transmitted by Yahya b. Sa'id from Hanzalah.

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

Once the Prophet stood over one of the high buildings of Medina and then said (to the people), "Do you see what I see?" They said, "No." He said, "I see afflictions falling among your houses as rain drops fall."

The Prophet said, "The neighbor has more right to be taken care of by his neighbor (than anyone else)." Some men said, "If one wants to buy a house for 20,000 Dirhams then there is no harm to play a trick to deprive somebody of preemption by buying it (just on paper) with 20,000 Dirhams but paying to the seller only 9,999 Dirhams in cash and then agree with the seller to pay only one Dinar in cash for the rest of the price (i.e. 10,001 Dirhams). If the preemptor offers 20,000 Dirhams for the house, he can buy it otherwise he has no right to buy it (by this trick he got out of preemption). If the house proves to belong to somebody else other than the seller, the buyer should take back from the seller what he has paid, i.e., 9,999 Dirhams and one Dinar, because if the house proves to belong to somebody else, so the whole bargain (deal) is unlawful. If the buyer finds a defect in the house and it does not belong to somebody other than the seller, the buyer may return it and receive 20,000 Dirhams (instead of 9999 Dirham plus one Dinar) which he actually paid.' Abu `Abdullah said, "So that man allows (some people) the playing of tricks amongst the Muslims (although) the Prophet said, 'In dealing with Muslims one should not sell them sick (animals) or bad things or stolen things."

The Prophet used to treat some of his wives by passing his right hand over the place of ailment and used to say, "O Allah, the Lord of the people! Remove the trouble and heal the patient, for You are the Healer. No healing is of any avail but Yours; healing that will leave behind no ailment."

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

[Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar.

Ishaq bin Mansur said: "I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: "I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: "I am selling it to you with the condition that I am its tailor," then there is no harm in it. And, if he said: "I am selling it to you with the condition that I am the one who bleaches it" then there is no harm in it, because this is only one condition.' And Ishaq said as he said."

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."

The Prophet went to visit a sick bedouin. Whenever the Prophet went to a patient, he used to say to him, "Don't worry, if Allah will, it will be expiation (for your sins):" The bedouin said, "You say expiation? No, it is but a fever that is boiling or harassing an old man and will lead him to his grave without his will." The Prophet said, "Then, yes, it is so."

Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came to get him and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. Then he would not pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Anas.

[Abu 'Eisa said:] The Hadith of Jabir is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. There is no harm in a slave for two slaves in hand to hand exchange, but they differ when it is on credit.

Jabir bin `Abdullah said, "We set out, and we were three-hundred men carrying our journey-food on our shoulders. Then we began to eat a single date each per day." A man asked (Jabir), "O Abu `Abdullah! How could a person be satisfied with a single date?" Jabir replied, "We realized the value of that one date when we could not even have that much till we reached the sea-shore, when all of a sudden we saw a huge fish cast by the sea. So, we ate of it as much as we wished for eighteen days."

Allah's Apostle said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet said, "By keeping silent (when asked her consent)." Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband."

In the pre-Islamic period we used to say: "May Allah make the eye happy for you," and "Good morning" but when Islam came, we were forbidden to say that.

AbdurRazzaq said on the authority of Ma'mar: It is disapproved that a man should say: "May Allah make the eye happy for you," but there is no harm in saying: "May Allah make your eye happy.

Whenever Allah's Apostle paid a visit to a patient, or a patient was brought to him, he used to invoke Allah, saying, "Take away the disease, O the Lord of the people! Cure him as You are the One Who cures. There is no cure but Yours, a cure that leaves no disease."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

Thabit and I went to Anas bin Malik. Thabit said, "O Abu Hamza! I am sick." On that Anas said, "Shall I treat you with the Ruqya of Allah's Apostle?" Thabit said, "Yes," Anas recited, "O Allah! The Lord of the people, the Remover of trouble! (Please) cure (Heal) (this patient), for You are the Healer. None brings about healing but You; a healing that will leave behind no ailment."

Jabir bin ‘Abd Allaah said “We were on a journey with the Apostle of Allaah(saws). When we were going to come to our family, he said “Stay till we enter during the night, so that the disheveled woman combs herself and the woman whose husband has been away cleans herself.

Abu Dawud aid “Al Zuhri said “(this prohibition applies) when one arrives after the night prayer.

Abu dawud said “There is no harm in coming (to one’s family) after the sunset prayer.

The Prophet used to treat some of his wives by passing his right hand over the place of ailment and used to say, "O Lord of the people! Remove the difficulty and bring about healing as You are the Healer. There is no healing but Your Healing, a healing that will leave no ailment."

Abu Dawud said: Ibn 'Umar used to sit in ihtiba position while the imam gave the Friday sermon. Anas b. Malik, Shuraih, Sa'sa'ah b. Sawhan, Sa'id b. al-Musayyib, Ibrahim al-Nakha'i, Makhul, Isma'il, Ismail b. Muhammad b. Sa'd, and Nu'aim b. Sulamah said: There is no harm in sitting in ihtiba position.

Abu Dawud said: I do not know whether anyone considered it disapproved except 'Ubadah b. Nasayy.