Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "Do not sell gold for gold except like for like, and do not increase one part over another part. Do not sell silver for silver except like for like, and do not increase one part over another part. Do not sell silver for gold, one of them at hand and the other to be given later. If someone seeks to delay paying you until he has been to his house, do not leave him. I fear rama for you." Rama is usury.

A dead man in debt used to be brought to Allah's Apostle who would ask, "Has he left anything to re pay his debts?" If he was informed that he had left something to cover his debts the Prophet would offer the funeral prayer for him; otherwise he would say to the Muslims present there), "Offer the funeral prayer for your friend:"but when Allah helped the Prophet to gain victory (on his expeditions), he said, "I am closer to the Believers than themselves, so. if one of the Believers dies in debt, I will repay it, but if he leaves wealth, it will be for his heirs.

`Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." `Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him."

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling, so he went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take or leave."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from his father from Amra bint Abd ar-Rahman that A'isha umm al- muminin said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, Safiyya bint Huyy has begun her period," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us. Has she done tawaf of the House with you?" They said, "Of course." He said, "So you are free to leave."

Anas said, "The Prophet said, 'O Bani Salima! Don't you think that for every step of yours (that you take towards the mosque) there is a reward (while coming for prayer)?" Mujahid said: "Regarding Allah's Statement: "We record that which they have sent before (them), and their traces" (36.12). 'Their traces' means 'their steps.' " And Anas said that the people of Bani Salima wanted to shift to a place near the Prophet but Allah's Apostle disliked the idea of leaving their houses uninhabited and said, "Don't you think that you will get the reward for your footprints." Mujahid said, "Their foot prints mean their foot steps and their going on foot."

"`Umar bin Al-Khattab addressed the Corner (Black Stone) saying, 'By Allah! I know that you are a stone and can neither benefit nor harm. Had I not seen the Prophet touching (and kissing) you, I would never have touched (and kissed) you.' Then he kissed it and said, 'There is no reason for us to do Ramal (in Tawaf) except that we wanted to show off before the pagans, and now Allah has destroyed them.' `Umar added, '(Nevertheless), the Prophet did that and we do not want to leave it (i.e. Ramal).'

`Umar bin Al-Khattab expelled all the Jews and Christians from the land of Hijaz. Allah's Apostle after conquering Khaibar, thought of expelling the Jews from the land which, after he conquered it belonged to Allah, Allah's Apostle and the Muslims. But the Jews requested Allah's Apostle to leave them there on the condition that they would do the labor and get half of the fruits (the land would yield). Allah's Apostle said, "We shall keep you on these terms as long as we wish." Thus they stayed till the time of `Umar's Caliphate when he expelled them to Taima and Ariha.

I heard Sa`d saying, "I was the first amongst the 'Arabs who shot an arrow for Allah's Cause. We used to fight along with the Prophets, while we had nothing to eat except the leaves of trees so that one's excrete would look like the excrete balls of camel or a sheep, containing nothing to mix them together. Today Banu Asad tribe blame me for not having understood Islam. I would be a loser if my deeds were in vain." Those people complained about Sa`d to `Umar, claiming that he did not offer his prayers perfectly.

Rafi' b. Khadij came to us and said: The Messenger of Allah (saws) forbids you from a work which is beneficial to you ; and obedience to Allah and His Prophet (saws) is more beneficial to you. The Messenger of Allah (saws) forbids you from renting land for share of its produce and he said: If anyone if not in need of his land he should lend it to his brother or leave it.

Abu Dawud said: Shu'bah and Mufaddal b. Muhalhal have narrated it from Mansur in similar way. Shu'bah said (in his version): Usaid, nephew of Rafi' b, Khadij.

I used to sell camels at al-Baqi for dinars and take dirhams for them, and sell for dirhams and take dinars for them. I would take these for these and give these for these. I went to the Messenger of Allah (saws) who was in the house of Hafsah. I said: Messenger of Allah , take it easy, I shall ask you (a question): I sell camels at al-Baqi'. I sell (them) for dinars and take dirhams and I sell for dirhams and take dinars. I take these for these, and give these for these. The Messenger of Allah (saws) then said: There is no harm in taking them at the current rate so long as you do not separate leaving something to be settled.

A man who had drunk wine was brought before the Prophet (saws) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (saws) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes.

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, "Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives.' "

Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."

Malik said, "This is the way of doing things about which there is no dispute in our community."

Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."

(the wife of the Prophet) Allah's Apostle came to me when Allah ordered him to give option to his wives. So Allah's Apostle started with me, saying, "I am going to mention to you something but you should not hasten (to give your reply) unless you consult your parents.' He knew that my parents would not order me to leave him. Then he said, "Allah says:-- "O Prophet! Say to your wives..." (33.28-29) On that I said to him, "Then why should I consult my parents? Verily, I seek Allah, His Apostle and the Home of the Hereafter."

(the wife of the Prophet) Three traditions were established concerning situations in which Barra was involved: When she was manumitted, she was given the option to keep her husband or leave him; Allah's Apostle said, "The wala is for the one who manumits, Once Allah's Apostle entered the house while some meat was being cooked in a pot, but only bread and some soup of the house were placed before, him. He said, "Don't I see the pot containing meat?" They said, "Yes, but that meat was given to Barira in charity (by someone), and you do not eat what it given in charity."The Prophet said "That meat is alms for her, but for us it is a present."

A man said, "O Allah's Apostle! Inform me of a deed which will make me enter Paradise." The people said, "What is the matter with him? What is the matter with him?" Allah's Apostle said, "He has something to ask (what he needs greatly)." The Prophet said (to him), (In order to enter Paradise) you should worship Allah and join none in worship with Him: You should offer prayers perfectly, give obligatory charity (Zakat), and keep good relations with your Kith and kin." He then said, "Leave it!" (The sub-narrator said, "It seems that the Prophet was riding his she camel."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin that Umm Atiyya al-Ansariyya said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us when his daughter died and said, 'Wash her three times, or five, or more than that if you think it necessary, with water and lotus leaves, and at the end put on some camphor, or a little camphor, and when you have finished let me know.' When we finished we told him, and he gave us his waist-wrapper and said, 'Shroud her with this.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

The Prophet (saws) said: It is not permissible for a man who believes in Allah and in the Last Day that he should say the prayer while he is feeling the call of nature until he becomes light (by relieving himself).

Then the narrator Thawr b. Yazid transmitted a similar tradition with the following wordings: "It is not permissible for a man who believes in Allah and in the Last Day that he should lead the people in prayer but with their permission; and that he should not supplicate to Allah exclusively for himself leaving all others. If he did so, he violated trust."

Abu Dawud said: This is a tradition reported by the narrators of Syria; no other person has joined them in relating this tradition.

Hudhaifa reported that Allah's Messenger (may peace be upon him) stood before us one day and he did not leave anything unsaid (that he had to say) at that very spot which would happen (in the shape of turmoil) up to the Last Hour. Those who had to remember them preserved them in their minds and those who could not remember them forgot them. My friends knew them and there are certain things which slip out of my mind, but I recapitulate them when anyone makes a mention of them just as a person is lost from one's mind but is recalled to him on seeing his face.

That he heard Al-Bara narrating when a man from Qais (tribe) asked him "Did you flee leaving Allah's Apostle on the day (of the battle) of Hunain?" Al-Bara' replied, "But Allah's Apostle did not flee. The people of Hawazin were good archers, and when we attacked them, they fled. But rushing towards the booty, we were confronted by the arrows (of the enemy). I saw the Prophet riding his white mule while Abu Sufyan was holding its reins, and the Prophet was saying "I am the Prophet undoubtedly." (Israil and Zuhair said, "The Prophet dismounted from his Mule.")

Usamah bin Zaid said I asked Apostle of Allaah(saws) where will you encamp tomorrow? (This is asked on the occasion of his Hajj). He replied “Did ‘Aqil leave any house for us?” He again said “We shall encamp in the valley (Khaif) of Banu Kinanah where the Quraish took an oath upon disbelief, that is, Al Muhassab.” The oath was that Banu Kinanah concluded a pact with the Quraish against Banu Hashim “they would have no marital relationship with them, nor would give them accommodation nor would have any commercial ties with them.”

Al Zuhri said Al Khaif means valley.

The narrator Ahmad added in his version: He would not observe the witr with two rak'ahs before the dawn. I asked: With what would he observe the witr ? She said: He would never leave it. The version of Ahmad does not mention the words "six and three (rak'ahs)".

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

That his father said, "In the year of the last Hajj of the Prophet I became seriously ill and the Prophet used to visit me inquiring about my health. I told him, 'I am reduced to this state because of illness and I am wealthy and have no inheritors except a daughter, (In this narration the name of 'Amir bin Sa`d is mentioned and in fact it is a mistake; the narrator is `Aisha bint Sa`d bin Abi Waqqas). Should I give two-thirds of my property in charity?' He said, 'No.' I asked, 'Half?' He said, 'No.' then he added, 'Onethird, and even one-third is much. You'd better leave your inheritors wealthy rather than leaving them poor, begging others. You will get a reward for whatever you spend for Allah's sake, even for what you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left alone after my companions have gone?' He said, 'If you are left behind, whatever good deeds you will do will upgrade you and raise you high. And perhaps you will have a long life so that some people will be benefited by you while others will be harmed by you. O Allah! Complete the emigration of my companions and do not turn them renegades.' But Allah's Apostle felt sorry for poor Sa`d bin Khaula as he died in Mecca." (but Sa`d bin Abi Waqqas lived long after the Prophet (p.b.u.h).)

When Allah gave Allah's Apostle what he gave of the properties of the Hawazin tribe as a war booty, the Prophet started giving some men 100 camels each. The Ansar (then) said, "May Allah forgive Allah's Apostles as he gives to Quraish and leaves us although our swords are still dribbling with the blood of Quraish." Allah Apostle was informed of their statement, so he sent for the Ansar and gathered them in a leather tent, and did not call anybody else along with them. When they al I gathered, the Prophet got up and said, "What is this talk being informed to me about you?" The learned men amongst the Ansar said, "O Allah's Apostle! Our chiefs did not say anything, but some people amongst us who are younger in age said. 'May Allah forgive Allah's Apostle as he gives (of the booty) to Quraish and leaves us though our swords are still dribbling with their blood." The Prophet said, "I give to these men who have newly deserted heathenism (and embraced Islam) so as to attract their hearts. Won't you be happy that the people take the wealth while you take the Prophet with you to your homes? By Allah, what you are taking is better than whatever they are taking." They (i.e. the Ansar) said, "O Allah's Apostle! We are satisfied." The Prophet then said to them. "You will find others favored over you greatly, so be patient till you meet Allah and His Apostle and I will be at the Tank then." Anas added: But they did not remain patient.

The Prophet visited me during Hajjat ul-Wada` while I was suffering from a disease which brought me to the verge of death. I said, "O Allah's Apostle! My ailment has reached such a (bad) state as you see, and I have much wealth, but I have no-one to inherit from me except my only daughter. Shall I give 2/3 of my property as alms (in charity)?" The Prophet said, "No," I said, "Shall I give half of my property as alms?" He said, "No." I said, "(Shall I give) 1/3 of it? " He replied, " 1/3, and even 1/3 is too much. It is better for you to leave your inheritors wealthy rather than to leave them poor, begging people (for their sustenance); and whatever you spend for Allah's Sake, you will get reward for it even for the morsel of food which you put in your wives mouth." I said, "O Allah's Apostle! Should I remain (in Mecca) behind my companions (who are going with you to Medina)?" The Prophet said, "If you remain behind, any good deed which you will do for Allah's Sake, will upgrade and elevate you. May be you will live longer so that some people may benefit by you and some other (i.e. infidels) may get harmed by you." The Prophet then added, "O Allah! Complete the Migration of my companions and do not turn them on their heels. But the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca) ." Allah's Apostle pitied Sa`d for he died in Mecca.

Abu Dawud said: The version of Shu'bah has: That you give her food when you have food yourself, and that you clothe her when you clothe yourself.

The Messenger of Allah (saws) enjoined upon us to pay great attention to the eye and both ears, and not to sacrifice a one-eyed animal, and an animal with a slit which leaves something hanging at the front or back of the ear, or with a lengthwise slit with a perforation in the ear. I asked AbuIshaq: Did he mention an animal with broken horns and uprooted ears? He said: No. I said: 'What is the Muqabalah ?' He replied: 'It has been cut from the back of its ear.' I said: 'What about the Sharqa'? He replied: 'The ear has been split.' I said: 'What about the Kharqa'? He replied: 'A hole is made (in its ears) as a distinguishing mark.'"

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

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

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

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin that when the Messenger of Allah, may Allah bless him and grant him peace, died, the wives of the Prophet, may Allah bless him and grant him peace, wanted to send Uthman ibn Affan to Abu Bakr as-Siddiq to ask him about their inheritance from the Messenger of Allah, may Allah bless him and grant him peace A'isha said to them, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one inherits from us. What we leave is sadaqa.' "

I of all the people know best this verse of Al-Hijab. When Allah's Apostle married Zainab bint Jahsh she was with him in the house and he prepared a meal and invited the people (to it). They sat down (after finishing their meal) and started chatting. So the Prophet went out and then returned several times while they were still sitting and talking. So Allah revealed the Verse: 'O you who believe! Enter not the Prophet's houses until leave is given to you for a meal, (and then) not (so early as) to wait for its preparation .....ask them from behind a screen.' (33.53) So the screen was set up and the people went away.

[Abu Dawud and Al-Hakim].