The Prophet said, "(Religious) knowledge will be taken away (by the death of religious scholars) ignorance (in religion) and afflictions will appear; and Harj will increase." It was asked, "What is Harj, O Allah's Apostle?" He replied by beckoning with his hand indicating "killing." (Fath-al-Bari Page 192, Vol. 1)

From Al-Hasan, from Samurah, that the Prophet (saws) said: "Upon the hand is what it took, until it is returned." Qatadah said: "Then Al-Hasan forgot, so he said: 'It is something you entrusted, he is not liable for it.' " Meaning the borrowed property.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Some of the people pf knowledge, among the Companions of the Prophet (saws) and others, followed this Hadith. They said that the possessor of the borrowed thing is liable. This is the view of Ash-Shafi'i and Ahmad. Some of the people of knowledge among the Companions and others said that the possessor of the borrowed this is not liable unless there is dispute. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah, and it is the view of Ishaq.

On the Day of Nahr at Mina, the Prophet said, "Tomorrow we shall stay at Khaif Bani Kinana where the pagans had taken the oath of Kufr (heathenism)." He meant (by that place) Al-Muhassab where the Quraish tribe and Bani Kinana concluded a contract against Bani Hashim and Bani `Abdul-Muttalib or Bani Al-Muttalib that they would not intermarry with them or deal with them in business until they handed over the Prophet to them.

Malik said, "In my opinion, and Allah knows best, nothing is taken from what comes out of mines until what comes out of them reaches a value of twenty gold dinars or two hundred silver dirhams. When it reaches that amount there is zakat to pay on it where it is on the spot. Zakat is levied on anything over that, according to how much of it there is as long as there continues to be a supply from the mine. If the vein runs out, and then after a while more becomes obtainable, the new supply is dealt with in the same way as the first, and payment of zakat on it is begun on it as it was begun on the first.

Malik said, "Mines are dealt with like crops, and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out, without waiting for a year, just as a tenth is taken from a crop at the time it is harvested, without waiting for a year to elapse over 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.

That the Messenger of Allah (saws) said: "When the two parties (in a deal) disagree then the seller's statement is taken as valid, and the purchaser retains the option."

[Abu 'Eisa said:] This Hadith is Mursal. 'Awn bin 'Abdullah did not see Ibn Mas'ud. This Hadith has also been reported from Al-Qasim bin 'Abdur-Rahman, from Ibn Mas'ud from the Prophet (saws). But it also Mursal.

[Abu 'Eisa said:] Ishaq bin Mansur said: "I said to Ahmad: what if when the two parties disagree and there is no proof (what is done)?' He said: 'The saying of the owner of the merchandise is taken as valid or they both refuse.' And Ishaq said as he did, and that in every case where his saying is taken, he must swear.'"

[Abu 'Eisa said:] Similar to this has been reported from some of the people of knowledge among the Tabi'in, Shuraih is among those.

Yahya related to me from Malik from Abd ar-Rahman ibn Said from Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him and grant him peace, came back from Hunayn heading for al-Jiirrana, the people crowded around so much to question him that his she-camel backed into a tree, which became entangled in his cloak and pulled it off his back. The Messenger of Allah, may Allah bless him and grant him peace, said, "Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils. By He in whose hand my self is! Had Allah given you spoils equal to the number of acacia trees on the plain of Tihama, I would have distributed it among you. You will not find me to be miserly, cowardly, or a liar." Then the Messenger of Allah, may Allah bless him and grant him peace, got down and stood among the people, and said, "Hand over even the needle and thread, for stealing from the spoils is disgrace, fire, ignominy on the Day of Rising for people who do it." Then he took a bit of camel fluff or something from the ground and said, "By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one fifth, and the tax of one fifth is returned to you."

Yahya said that he heard Malik say, "Someone who eats or drinks out of neglect or forgetfulness during a voluntary fast does not have to repeat his fast, but he should continue fasting for the rest of the day in which he eats or drinks while voluntarily fasting, and not stop fasting. Someone to whom something unexpected happens which causes him to break his fast while he is fasting voluntarily does not have to repeat his fast if he has broken it for a reason, and not simply because he decided to break his fast. Just as I do not think that someone has to repeat a voluntary prayer if he has had to stop it because of some discharge which he could prevent and which meant that he had to repeat his wudu."

Malik said, "Once a man has begun doing any of the right actions (al-amal as-saliha) such as the prayer, the fast and the hajj, or similar right actions of a voluntary nature, he should not stop until he has completed it according to what the sunna for that action is. If he says the takbir he should not stop until he has prayed two rakas. If he is fasting he should not break his fast until he has completed that day's fast. If he goes into ihram he should not return until he has completed his hajj, and if he begins doing tawaf he should not stop doing so until he has gone around the Kaba seven times. He should not stop doing any of these actions once he has started them until he has completed them, except if something happens such as illness or some other matter by which a man is excused. This is because Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, (and) then complete the fast until night-time,' (Sura 2 ayat 187), and so he must complete his fast as Allah has said. Allah, the Exalted, (also) says, 'And complete the hajj and the umra for Allah,' and so if a man were to go into ihram for a voluntary hajj having done his one obligatory hajj (on a previous occasion), he could not then stop doing his hajj having once begun it and leave ihram while in the middle of his hajj. Anyone that begins a voluntary act must complete it once he has begun doing it, just as an obligatory act must be completed . This is the best of what I have heard."

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

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

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab refused to let one man who had not taken leave of the House pass adh-Dhahran, (a valley eighteen miles from Makka) until he had taken leave of it.

Yahya related to me from Malik from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, stimulated people for jihad and mentioned the Garden. One of the Ansar was eating some dates in his hand, and said, "Am I so desirous of this world that I should sit until I finish them?" He threw aside what was in his hand and took his sword, and fought until he was slain .

The Prophet (saws) said: Our Lord Most High is pleased with a man who fights in the path of Allah, the Exalted; then his companions fled away (i.e. retreated). But he knew that it was a sin (to flee away from the battlefield), so he returned, and his blood was shed. Thereupon Allah, the Exalted, says to His angels: Look at My servant; he returned seeking what I have for him (i.e. the reward), and fearing (the punishment) I have, until his blood was shed.

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

That the Messenger of Allah (saws) said: "None of the people of Paradise would wish to return to the world except for the martyr who indeed would love to return to the world saying that he would love to be killed ten times in Allah's cause because of what he has seen of the honor that He has given him."

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

The Prophet appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "This is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, "What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!" The Prophet then raised both his hands till we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed Allah's Message?" And he repeated it three times.

Yahya related to me from Malik from Muhammad ibn Amr ibn AIqama from Malik ibn Abdullah as-Sadi that Abu Hurayra said, "The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan."

Malik said, concerning someone who forgot and raised his head before the imam in ruku or sujud, "The sunna of that is to return to bowing or prostrating and not to wait for the imam to come up. What he has done is a mistake, because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The imam is appointed to be followed as a leader, so do not oppose him.' Abu Hurayra said, 'The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan.' "

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

This version (of Hadith No 856) adds: The Messenger of Allah (saws) said: The prayer of any of you is not complete until he performs ablution perfectly, as Allah, the Exalted, has ordered you. He should wash his face and hands up to the elbows, and wipe his head and (wash) his feet up to the ankles. Then he should exalt Allah and praise Him. Then he should recite the Qur'an as much as it is convenient for him.

(Narrator then narrated the tradition like Hammad's, No. 856). He said: He then utter the takbir and prostration himself so that his face is at rest.

Hammam (sub-narrator) said: Sometimes he reported: So that his forehead is at rest on the ground, and his joints return to their places and are loosened. Then he should say the takbir and then sit right on his hips and erect his back. He described the nature of prayer in this way by offering four rak'ahs until he finished it. The prayer of any of you is not complete unless he does so.

The Prophet said, "Whoever said "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of a barley grain will be taken out of Hell. And whoever said: "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of a wheat grain will be taken out of Hell. And whoever said, "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of an atom will be taken out of Hell."

"Whenever the Prophet passed by (my mother Um-Sulaim) he used to enter her and greet her. Anas further said: Once the Prophet way a bridegroom during his marriage with Zainab, Um Sulaim said to me, "Let us give a gift to Allah's Apostle ." I said to her, "Do it." So she prepared Haisa (a sweet dish) made from dates, butter and dried yoghurt and she sent it with me to him. I took it to him and he said, "Put it down," and ordered me to call some men whom he named, and to invite whomever I would meet. I did what he ordered me to do, and when I returned, I found the house crowded with people and saw the Prophet keeping his hand over the Haisa and saying over it whatever Allah wished (him to say). Then he called the men in batches of ten to eat of it, and he said to them, "Mention the Name of Allah, and each man should eat of the dish the nearest to him." When all of them had finished their meals, some of them left and a few remained there talking, over which I felt unhappy. Then the Prophet went out towards the dwelling places (of his wives) and I too, went out after him and told him that those people had left. Then he returned and entered his dwelling place and let the curtains fall while I was in (his) dwelling place, and he was reciting the Verses:-- 'O you who believe! Enter not the Prophet's house until leave is given you for a meal, (and then) not (as early as) to what for its preparation. But when you are invited, enter, and when you have taken your meals, disperse without sitting for a talk. Verily such (behavior) annoys the Prophet; and he would be shy of (asking) you (to go), but Allah is not shy of (telling you) the Truth.' (33-53) Abu Uthman said: Anas said, "I served the Prophet for ten years."

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that a slave stole a small palm from a man's garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan ibn al-Hakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "The hand is not cut off for fruit or palm pith." The man said, "Marwan ibn al-Hakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah, may Allah bless him and grant him peace." So, Rafi went with him to Marwan ibn al-Hakam. He said, "Did you arrest a slave for this?" He said, "Yes." He said, "What will you do with him?" He said, "I want to cut off his hand." Rafi said to him, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The hand is not cut off for dates or palm pith.' Marwan therefore ordered the slave to be released."