Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.

Malik said, "One does not act on this."

A man asked Allah's Apostle about the Luqata. He said, "Make public announcement of it for one year, then remember the description of its container and the string it is tied with, utilize the money, and if its owner comes back after that, give it to him." The people asked, "O Allah's Apostle! What about a lost sheep?" Allah's Apostle said, "Take it, for it is for you, for your brother, or for the wolf." The man asked, "O Allah's Apostle! What about a lost camel?" Allah's Apostle got angry and his cheeks or face became red, and said, "You have no concern with it as it has its feet, and its watercontainer, till its owner finds it."

Ubaidullah bin `Abdullah told me that `Aisha had said, "When the Prophet became sick and his condition became serious, he requested his wives to allow him to be treated in my house, and they allowed him. He came out leaning on two men while his feet were dragging on the ground. He was walking between Al-`Abbas and another man." 'Ubaidullah said, "When I informed Ibn `Abbas of what `Aisha had said, he asked me whether I knew who was the second man whom `Aisha had not named. I replied in the negative. He said, 'He was `Ali bin Abi Talib."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

A man had a shot of arrow in his chest or throat (the narrator is doubtful). So he died. He was shrouded in his clothes as he was. The narrator said: We were with the Messenger of Allah (saws).

The Messenger of Allah (saws) took a man who was suffering from tubercular leprosy by the hand; he then put it along with his own hand in the dish and said: Eat with confidence in Allah and trust in Him.

The Messenger of Allah (saws) presented himself to the people at Arafat, saying: Is there any man who takes me to his people? The Quraysh have prevented me from preaching the word of my Lord.

A man called Asram was among those who came to the Messenger of Allah (saws). The Messenger of Allah (saws) said: What is your name? He replied: Asram. He said: No, you are Zur'ah.

I heard the Prophet saying, "Any man whom Allah has given the authority of ruling some people and he does not look after them in an honest manner, will never feel even the smell of Paradise."

The Jews brought a man and a woman who had committed illegal sexual intercourse, to the Prophet and the Prophet ordered them to be stoned to death, and they were stoned to death near the mosque where the biers used to be placed.

Yahya related to me from Malik that Ibn Shihab used to say, "Wudu is necessary if a man kisses his wife." Nafi said that Malik said, "That is what I like most out of what I have heard."

A person entered the mosque while the Prophet was delivering the Khutba on a Friday. The Prophet said to him, "Have you prayed?" The man replied in the negative. The Prophet said, "Get up and pray two rak`at."

I said: Messenger of Allah, I am a man who goes out hunting; may I pray in a single shirt? He replied: Yes, but fasten it even if it should be with a thorn.

A man came to the Prophet asking his permission to take part in Jihad. The Prophet asked him, "Are your parents alive?" He replied in the affirmative. The Prophet said to him, "Then exert yourself in their service."

A man fell ill and a cry was raised (for his death). So his neighbour came to the Messenger of Allah (saws) and said to him: He has died. He asked: Who told you? He said: I have seen him. The Messenger of Allah (saws) said: He has not died. He then returned.

A cry was again raised (for his death). He came to the Messenger of Allah (saws) and said: He has died. The Prophet (saws) said: He has not died. He then returned.

A cry was again raised over him. His wife said: Go to the Messenger of Allah (saws) and inform him. The man said: O Allah, curse him.

He said: The man then went and saw that he had killed himself with an arrowhead. So he went to the Prophet (saws) and informed him that he had died.

He asked: Who told you? He replied: I myself saw that he had killed himself with arrowheads. He asked: Have you seen him? He replied: Yes. He then said: Then I shall not pray over him.

Sa'id asked: Whom is this man abusing? He replied: He is abusing Ali. He said: Don't I see that the companions of the Messenger of Allah (saws) are being abused, but you neither stop it nor do anything about it? I heard the Messenger of Allah (saws) say--and I need not say for him anything which he did not say, and then he would ask me tomorrow when I see him --AbuBakr will go to Paradise and Umar will go to Paradise. He then mentioned the rest of the tradition to the same effect (as in No. 4632).

He then said: The company of one of their man whose face has been covered with dust by the Messenger of Allah (saws) is better than the actions of one of you for a whole life time even if he is granted the life-span of Noah.

It was narrated from a man from Banu Sahm, from Ibn Majidah as-Sahmi, that he said: Abu Bakr led us on Hajj, during his caliphate, and he mentioned the same hadeeth.

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."

Buraidah reported the Apostle of Allaah(saws) as saying “Respect to be shown by those who stay at home to the women of those who are engaged in jihad is t be like that shown to their mothers. If any man among those who stay at home is entrusted with the oversight of one’s family who is engaged in jihad and betrays him, he will be setup for him on the Day of Resurrection and he (the mujahid) will be told “This (man) was entrusted with the oversight of your family, so take what you want from his good deeds. The Apostle of Allaah(saws) turned towards us and said “So what do you think.”

Abu Dawud said “Qa’nab (a narrator of this tradition) was a pious man. Ibn Abi Laila intended to appoint him a judge, but he refused and said “If I intend to fulfill my need of a dirham, I seek the help of a person for it. He said “Which of us does not seek the help in his need? He said “Bring me out so that I may see. So he was brought out, and he concealed himself. Sufyan said “While he was concealing himself.” Sufyan said “While he was concealing himself the house suddenly fell on him and he died.”

As-Sa'ib reported on the authority of a man whom he named: The Messenger of Allah (saws) put on two coats of mail during the battle of Uhud as a double protection. (The narrator is doubtful about the word zahara or labisa.)

The Messenger of Allah (saws) gave judgement that the killer should have what was taken from the man he killed, and did not make this subject to division into fifths.

The she-camel of Bara' ibn Azib entered the garden of a man and did damage to it. The Messenger of Allah (saws) gave decision that the owners of properties are responsible for guarding them by day, and the owners of animals are responsible for guarding them by night.