Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

That the Messenger of Allah (saws): "A riding animal can be ridden while it is pawned, and a milking animal can be milked while it is pawned, and it is up to the one riding and drinking (the milk) to maintain it."

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

We do now know of it being Marfu' except by the narration of 'Amir Ash-Sha'bi from Abu Hurairah. Others have reported this Hadith from Al-A'mash, from Abu Salih, from Abu Hurairah in Mawquf form.

This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

Some of the people of knowledge said that one may not benefit in any way from what is pawned.

Nafi' said: Ibn Umar heard a pipe, put his fingers in his ears and went away from the road. He said to me: Are you hearing anything? I said: No. He said: He then took his fingers out of his ears and said: I was with the Prophet (saws), and he heard like this and he did like this.

AbuAli al-Lu'lu said: I heard AbuDawud say: This is a rejected tradition.

Yahya related to me from Malik that

Yahya ibn Said heard Ata ibn Abi Rabah mentioning that the camel-herders were allowed to throw the stones at night, and saying that this was in the early period (of Islam).

Malik said, "The explanation of the hadith where the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to delay the stoning of the jamras is, in our view, and Allah knows best, that they threw stones on the day of sacrifice, and then threw again two days later, which was the first possible day for leaving, and this throwing was for the day which had passed. They then threw again for the day itself, because it is only possible for someone to make up for something which is obligatory for him, and when something obligatory passes someone by (without him doing it) he must necessarily make it up afterwards (and not beforehand). So (in the case of the camel-herders), if it seemed appropriate for them to leave that day, they would have done all that they were supposed to do, and if they were to stay until the following day, they would throw stones with everybody else on the second and last day for leaving, and then leave."

Malik related to me that he heard that Umar ibn al-Khattab went to the villages every Saturday. If he found a slave doing work which he was not capable of doing, he lightened it for him.

The Prophet said, "The prayer offered in congregation is twenty five times more superior (in reward) to the prayer offered alone in one's house or in a business center, because if one performs ablution and does it perfectly, and then proceeds to the mosque with the sole intention of praying, then for each step which he takes towards the mosque, Allah upgrades him a degree in reward and (forgives) crosses out one sin till he enters the mosque. When he enters the mosque he is considered in prayer as long as he is waiting for the prayer and the angels keep on asking for Allah's forgiveness for him and they keep on saying: 'O Allah! Be Merciful to him, O Allah! Forgive him, as long as he keeps on sitting at his praying place and does not pass wind. (See Hadith No. 620).

The verse "And no Prophet could (ever) be false to his trust" was revealed about a red velvet. When it was found missing on the day of Badr, some people said; Perhaps the Messenger of Allah (saws) has taken it. So Allah, the Exalted, sent down "And no prophet could (ever) be false to his trust" to the end of the verse.

Abu Dawud said: In the word yaghulla the letter ya has a short vowel a.

When it was the day of the battle of Al-Ahzab (i.e. the clans), Allah's Apostle said, "O Allah! Fill their (i.e. the infidels') houses and graves with fire as they busied us so much that we did not perform the prayer (i.e. `Asr) till the sun set."

"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

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

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do kaffara for a broken oath by feeding ten poor people. Each person got a mudd of wheat. He sometimes freed a slave if he had repeated the oath.

The Messenger of Allah (saws) offered the 'Id prayer without the adhan and the iqamah. AbuBakr and Umar or Uthman also did so. The narrator Yahya is doubtful about Uthman.

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

We came to the Prophet and we were (a few) young men of approximately equal age and stayed with him for twenty nights. Then he thought that we were anxious for our families, and he asked us whom we had left behind to look after our families, and we told him. He was kindhearted and merciful, so he said, "Return to your families and teach them (religious knowledge) and order them (to do good deeds) and offer your prayers in the way you saw me offering my prayers, and when the stated time for the prayer becomes due, then one of you should pronounce its call (i.e. the Adhan), and the eldest of you should lead you in prayer.

The Prophet said, "Say Amin" when the Imam says it and if the Amin of any one of you coincides with that of the angels then all his past sins will be forgiven." Ibn Shihab said, "Allah's Apostle used to Say "Amin."

A man came to the Prophet and asked, "O Allah's Apostle! Which charity is the most superior in reward?" He replied, "The charity which you practice while you are healthy, niggardly and afraid of poverty and wish to become wealthy. Do not delay it to the time of approaching death and then say, 'Give so much to such and such, and so much to such and such.' And it has already belonged to such and such (as it is too late)."

When the Prophet (saws) wanted to relieve himself, he would not raise his garment, until he lowered himself near the ground.

Abu DAwud said: This tradition has been transmitted by 'Abd al-Salam b. Harb on the authority of al-A'mash from Anas b. Malik. This chain of narrators is weak (because A'mash's hearing tradition from Anas b. Malik is not established).

A man asked the Prophet, "O Allah's Apostle! What kind of charity is the best?" He replied. "To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don't delay giving in charity till the time when you are on the death bed when you say, 'Give so much to soand- so and so much to so-and so,' and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors).

Abu Dawud said; In this tradition the other narrators have differed from the narrator Wakl. This has been narrated by Wakl, and Shu’bah from Abu Ishaq, from Sa’ld b. Jubair, from Ibn ‘Abbas as his own statement (and not from the Prophet)

'A'isha reported that when the Messenger of Allah (may peace be upon him) decided upon doing any act, he continued to do it, and when he slept at night or fell sick he observed twelve rak'ahs during the daytime. I am not aware of Allah's Messenger (may peace be upon him) observing prayer during the whole of the night till morning, or observing fast for a whole month continuously except that of Ramadan.

The Prophet (saws) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.

Once Bilal brought Barni (i.e. a kind of dates) to the Prophet and the Prophet asked him, "From where have you brought these?" Bilal replied, "I had some inferior type of dates and exchanged two Sas of it for one Sa of Barni dates in order to give it to the Prophet; to eat." Thereupon the Prophet said, "Beware! Beware! This is definitely Riba (usury)! This is definitely Riba (Usury)! Don't do so, but if you want to buy (a superior kind of dates) sell the inferior dates for money and then buy the superior kind of dates with that money."

When the Messenger of Allah (saws) stood for offering the obligatory prayer, he uttered the takbir (Allah is most great) and raised his hands opposite to his shoulders; and he did like that when he finished recitation (of the Qur'an) and was about to bow; and he did like that when he rose after bowing; and he did not raise his hands in his prayer while he was in his sitting position.

When he stood up from his prostrations (at the end of two rak'ahs), he raised his hands likewise and uttered the takbir (Allah is most great) and raised his hands so as to bring them up to his shoulders, as he uttered the takbir in the beginning of the prayer.

"We were with `Aisha discussing the regularity of offering the prayer and dignifying it. She said, 'When Allah's Apostle fell sick with the fatal illness and when the time of prayer became due and Adhan was pronounced, he said, 'Tell Abu Bakr to lead the people in prayer.' He was told that Abu Bakr was a softhearted man and would not be able to lead the prayer in his place. The Prophet gave the same order again but he was given the same reply. He gave the order for the third time and said, 'You (women) are the companions of Joseph. Tell Abu Bakr to lead the prayer.' So Abu Bakr came out to lead the prayer. In the meantime the condition of the Prophet improved a bit and he came out with the help of two men one on each side. As if I was observing his legs dragging on the ground owing to the disease. Abu Bakr wanted to retreat but the Prophet beckoned him to remain at his place and the Prophet was brought till he sat beside Abu Bakr." Al-A`mash was asked, "Was the Prophet praying and Abu Bakr following him, and were the people following Abu Bakr in that prayer?" Al- A`mash replied in the affirmative with a nod of his head. Abu Muawiya said, "The Prophet was sitting on the left side of Abu Bakr who was praying while standing."

Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator `Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was `Umar bin Al- Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, `Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator `Auf added that Abu Raja' had named him but he had forgotten) and `Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and ...

I heard Ka`b bin Malik talking about the story of the battle of Tabuk when he remained behind, "By Allah, I do not know anyone whom Allah has helped for telling the truth more than me since I mentioned that truth to Allah's Apostle till today, I have never intended to tell a lie. And Allah revealed to His Apostle: "Verily! Allah has forgiven the Prophet, the Muhajirin............ and be with those who are true (in words and deeds)." (9.117-119) (See Hadith No. 702 Vol 5).

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab prayed two rakas with the people of Makka, and then, when he had finished, he said, "People of Makka, complete your prayer, becausewe are a group of travellers." Later, Umar prayed two rakas with them at Mina, but we have not heard that he said anything to them on that occasion.

Malik was asked whether the people of Makka should pray two rakas at Arafa or four, and whether the amir of the hajj, if he was a Makkan, should pray dhuhr and asr with four rakas or two, and also how the people of Makka who were living (at Mina) should pray, and he said, "The people of Makka should pray only two rakas at Arafa and Mina for as long as they stay there, and should shorten the prayer until they return to Makka. The amir of the hajj, if he is a Makkan, should also shorten the prayer at Arafa and during the days of Mina. Anyone who is living at Mina as a resident should do the full prayer at Mina, and similarly anyone who lives at Arafa and is a resident there should do the full prayer at Arafa."

On the days of the conquest of Mecca, when Mecca was captured, Fatimah came and sat on the left side of the Messenger of Allah (saws), and Umm Hani was on his right side. A slave-girl brought a vessel which contained some drink; she gave it to him and he drank of it. He then gave it to Umm Hani who drank of it. She said: Messenger of Allah, I have broken my fast; I was fasting. He said to her: Were you making atonement for something? She replied: No. He said: Then it does not harm you if it was voluntary (fast).

`Aisha said, "Allah's Apostle in his fatal illness, used to ask, 'Where will I be tomorrow? Where will I be tomorrow?", seeking `Aisha's turn. His wives allowed him to stay wherever he wished. So he stayed at `Aisha's house till he expired while he was with her." `Aisha added, "The Prophet expired on the day of my turn in my house and he was taken unto Allah while his head was against my chest and his saliva mixed with my saliva." `Aisha added, "Abdur-Rahman bin Abu Bakr came in, carrying a Siwak he was cleaning his teeth with. Allah's Apostle looked at it and I said to him, 'O `AbdurRahman! Give me this Siwak.' So he gave it to me and I cut it, chewed it (it's end) and gave it to Allah's Apostle who cleaned his teeth with it while he was resting against my chest."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab used to say, "O Allah! Do not let me be slain by the hand of a man who has prayed a single prostration to You with which he will dispute with me before You on the Day of Rising!"

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik ...