Yahya related to me from Malik that he had heard that receipts were given to people in the time of Marwan ibn al-Hakam for the produce of the market at al-Jar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd Thabit and one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, went to Marwan ibn al-Hakam and said, "Marwan! Do you make usury halal?" He said, "I seek refuge with Allah! What is that?" He said, "These receipts which people buy and sell before they take delivery of the goods." Marwan therefore sent a guard to follow them and to take them from people's hands and return them to their owners.

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man was walking on a road when he became very thirsty. He found a well and went into it and drank and came out. There was a dog panting and eating earth out of thirst. The man said, 'This dog has become as thirsty as I was.' He went down into the well and filled his shoe and then held it in his mouth until he climbed out and gave the dog water to drink. Allah thanked him for it and forgave him." They said, "Messenger of Allah, do we have a reward for taking care of beasts?" He said, "There is a reward for every one with a moist liver."

The alcoholic drink which was spilled was Al-Fadikh. I used to offer alcoholic drinks to the people at the residence of Abu Talha. Then the order of prohibiting Alcoholic drinks was revealed, and the Prophet ordered somebody to announce that: Abu Talha said to me, "Go out and see what this voice (this announcement ) is." I went out and (on coming back) said, "This is somebody announcing that alcoholic beverages have been prohibited." Abu Talha said to me, "Go and spill it (i.e. the wine)," Then it (alcoholic drinks) was seen flowing through the streets of Medina. At that time the wine was Al-Fadikh. The people said, "Some people (Muslims) were killed (during the battle of Uhud) while wine was in their stomachs." So Allah revealed: "On those who believe and do good deeds there is no blame for what they ate (in the past)." (5.93)

The Prophet said, "Allah created the creations, and when He finished from His creations, Ar-Rahm i.e., womb said, "(O Allah) at this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kith and kin). Allah said, 'Yes, won't you be pleased that I will keep good relations with the one who will keep good relations with you, and I will sever the relation with the one who will sever the relations with you.' It said, 'Yes, O my Lord.' Allah said, 'Then that is for you ' " Allah's Apostle added. "Read (in the Qur'an) if you wish, the Statement of Allah: 'Would you then, if you were given the authority, do mischief in the land and sever your ties of kinship?' (47.22)

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.

Allah's Apostle said, "O so-and-so, whenever you go to your bed (for sleeping) say, 'O Allah! I have surrendered myself over to you and have turned my face towards You, and leave all my affairs to You and depend on You and put my trust in You expecting Your reward and fearing Your punishment. There is neither fleeing from You nor refuge but with You. I believe in the Book (Qur'an) which You have revealed and in Your Prophet (Muhammad) whom You have sent.' If you then die on that night, then you will die as a Muslim, and if you wake alive in the morning then you will receive the reward." (See Hadith No. 323, Vol. 8)

Allah's Apostle said, "Allah created the creation, and when He finished from His creation the Rahm (womb) got up, and Allah said (to it). "Stop! What do you want? It said; "At this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kinship.)" Allah said: "Would you be pleased that I will keep good relation with the one who will keep good relation with you, and I will sever the relation with the one who will sever the relation with you. It said: 'Yes, 'O my Lord.' Allah said (to it), 'That is for you.'' And then Abu Huraira recited the Verse:-- "Would you then if you were given the authority, do mischief in the land, and sever your ties of kinship." (47.22)

I heard Allah's Apostle saying, 'Both legal and illegal things are evident but in between them there are doubtful (suspicious) things and most of the people have no knowledge about them. So whoever saves himself from these suspicious things saves his religion and his honor. And whoever indulges in these suspicious things is like a shepherd who grazes (his animals) near the Hima (private pasture) of someone else and at any moment he is liable to get in it. (O people!) Beware! Every king has a Hima and the Hima of Allah on the earth is His illegal (forbidden) things. Beware! There is a piece of flesh in the body if it becomes good (reformed) the whole body becomes good but if it gets spoilt the whole body gets spoilt and that is the heart.

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).

Allah's Apostle said, "The reward of the prayer offered by a person in congregation is twenty five times greater than that of the prayer offered in one's house or in the market (alone). And this is because if he performs ablution and does it perfectly and then proceeds to the mosque with the sole intention of praying, then for every step he takes towards the mosque, he is upgraded one degree in reward and his one sin is taken off (crossed out) from his accounts (of deeds). When he offers his prayer, the angels keep on asking Allah's Blessings and Allah's forgiveness for him as long as he is (staying) at his Musalla. They say, 'O Allah! Bestow Your blessings upon him, be Merciful and kind to him.' And one is regarded in prayer as long as one is waiting for the prayer."

`Ali delivered a sermon saying, "We have no book to read except the Book of Allah and what is written in this paper which contains verdicts regarding (retaliation for) wounds, the ages of the camels (given as Zakat or as blood money) and the fact that Medina is a sanctuary in between Air mountain to so-and-so (mountain). So, whoever innovates in it an heresy or commits a sin or gives shelter in it, to such an innovator will incur the Curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds of worship will be accepted. And whoever (freed slave) takes as his master (i.e. befriends) other than his real masters will incur the same (Curse). And the asylum granted by any Muslim is to be secured by all the other Muslims, and whoever betrays a Muslim in this respect will incur the same (Curse).

The Prophet said, "Amongst the people preceding your age, there was a man whom Allah had given a lot of money. While he was in his death-bed, he called his sons and said, 'What type of father have I been to you? They replied, 'You have been a good father.' He said, 'I have never done a single good deed; so when I die, burn me, crush my body, and scatter the resulting ashes on a windy day.' His sons did accordingly, but Allah gathered his particles and asked (him), 'What made you do so?' He replied, "Fear of you.' So Allah bestowed His Mercy upon him. (forgave him).

The Prophet said, "In a dream I saw myself migrating from Mecca to a place having plenty of date trees. I thought that it was Al-Yamama or Hajar, but it came to be Medina i.e. Yathrib. In the same dream I saw myself moving a sword and its blade got broken. It came to symbolize the defeat which the Muslims suffered from, on the Day of Uhud. I moved the sword again, and it became normal as before, and that was the symbol of the victory Allah bestowed upon Muslims and their gathering together. I saw cows in my dream, and by Allah, that was a blessing, and they symbolized the believers on the Day of Uhud. And the blessing was the good Allah bestowed upon us and the reward of true belief which Allah gave us after the day of Badr.

We migrated with the Prophet for Allah's Cause, so our reward became due with Allah. Some of us passed away (i.e. died) without enjoying anything from their reward, and one of them was Mus`ab bin `Umar who was killed (i.e. martyred) on the day of Uhud. He did not leave behind except a sheet of striped woolen cloth. If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. The Prophet said to us, "Cover his head with it and put Idhkhir (i.e. a kind of grass) over his feet," or said, "Put some Idhkhir over his feet." But some of us have got their fruits ripened, and they are collecting them.

Allah's Apostle said, "The hour will not be established till the sun rises from the West; and when it rises (from the West) and the people see it, they all will believe. And that is (the time) when no good will it do to a soul to believe then." Then he recited the whole Verse (6.158)

Allah's Apostle said, "(The following are) two words (sentences or utterances) that are very easy for the tongue to say, and very heavy in the balance (of reward), and most beloved to the Gracious Almighty (And they are): Subhan Allahi wa bi-hamdihi; Subhan Allahi-l-'Adhim,"

[At-Tirmidhi].

[Al-Bukhari and Muslim].

A man asked the Prophet "What deeds are the best?" The Prophet said: "(1) To perform the (daily compulsory) prayers at their (early) stated fixed times, (2) to be good and dutiful to one's own parents, (3) and to participate in Jihad in Allah's Cause."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as Saidi that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will remain in good as long as they are quick to break the fast."

The Prophet reached Mecca, circumambulated the Ka`ba seven times and then offered a two rak`at prayer behind Maqam Ibrahim. Then he went towards the Safa. Allah has said, "Verily, in Allah's Apostle you have a good example."

While the Prophet was in a Ghazwa he said, "Some people have remained behind us in Medina and we never crossed a mountain path or a valley, but they were with us (i.e. sharing the reward with us), as they have been held back by a (legal) excuse. "

When this verse was revealed: "And those who hoard gold and silver," the Muslims were grieved about it. Umar said: I shall dispel your care. He, therefore, went and said: Prophet of Allah, your Companions were grieved by this verse. The Messenger of Allah (saws) said: Allah has made zakat obligatory simply to purify your remaining property, and He made inheritances obligatory that they might come to those who survive you. Umar then said: Allah is most great. He then said to him: Let me inform you about the best a man hoards; it is a virtuous woman who pleases him when he looks at her, obeys him when he gives her a command, and guards his interests when he is away from her.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

The Prophet forbade the eating of wild animals having fangs. (Az-Zuhri said: I did not hear this narration except when I went to Sham.) Al-Laith said: Narrated Yunus: I asked Ibn Shihab, "May we perform the ablution with the milk of she-asses or drink it, or drink the bile of wild animals or urine of camels?" He replied, "The Muslims used to treat themselves with that and did not see any harm in it. As for the milk of she-asses, we have learnt that Allah's Apostle forbade the eating of their meat, but we have not received any information whether drinking of their milk is allowed or forbidden." As for the bile of wild animals, Ibn Shihab said, "Abu Idris Al-Khaulani told me that Allah's Apostle forbade the eating of the flesh of every wild beast having fangs . "

Allah's Apostle said, "Inform me of a tree which resembles a Muslim, giving its fruits at every season by the permission of its Lord, and the leaves of which do not fall." I thought of the date-palm tree, but I disliked to speak because Abu Bakr and `Umar were present there. When nobody spoke, the Prophet said, "It is the date-palm tree" When I came out with my father, I said, "O father! It came to my mind that it was the date-palm tree." He said, "What prevented you from saying it?" Had you said it, it would have been more dearer to me than such-and-such a thing (fortune)." I said, "Nothing prevented me but the fact that neither you nor Abu Bakr spoke, so I disliked to speak (in your presence).

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case, will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."

Allah's Apostle sent ten persons to bring the enemy's secrets and Khubaib Al-Ansari was one of them. 'Ubaidullah bin 'Iyad told me that the daughter of Al-Harith told him that when they gathered (to kill Khubaib Al Ansari) he asked for a razor to clean his pubic region, and when they had taken him outside the sanctuary of Mecca in order to kill him, he said in verse, "I don't care if I am killed as a Muslim, on any side (of my body) I may be killed in Allah's Cause; for that is for the sake of Allah's very Self; and if He will, He will bestow His Blessings upon the torn pieces of my body." Then Ibn Al-Harith killed him, and the Prophet informed his companions of the death of those (ten men) on the very day they were killed.

"A man from the Muslims and a man from the Jews quarrelled, and the Muslim said, "By Him Who gave superiority to Muhammad over all the people!" The Jew said, "By Him Who gave superiority to Moses over all the people!' On that the Muslim lifted his hand and slapped the Jew. The Jew went to Allah's Apostle and informed him of all that had happened between him and the Muslim. The Prophet said, "Do not give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection, I will be the first to regain consciousness and behold, Moses will be standing there, holding the side of the Throne. I will not know whether he has been one of those who have fallen unconscious and then regained consciousness before me, or if he has been one of those exempted by Allah (from falling unconscious)." (See Hadith No. 524, Vol. 8)

I asked Anas bin Malik about the Qunut. Anas replied, "Definitely it was (recited)". I asked, "Before bowing or after it?" Anas replied, "Before bowing." I added, "So and so has told me that you had informed him that it had been after bowing." Anas said, "He told an untruth (i.e. "was mistaken," according to the Hijazi dialect). Allah's Apostle recited Qunut after bowing for a period of one month." Anas added, "The Prophet sent about seventy men (who knew the Qur'an by heart) towards the pagans (of Najd) who were less than they in number and there was a peace treaty between them and Allah's Apostle (but the Pagans broke the treaty and killed the seventy men). So Allah's Apostle recited Qunut for a period of one month asking Allah to punish them."

Allah's Apostle used to practice I`tikaf in the middle ten days of Ramadan and once he stayed in I`tikaf till the night of the twenty-first and it was the night in the morning of which he used to come out of his I`tikaf. The Prophet said, "Whoever was in I`tikaf with me should stay in I`tikaf for the last ten days, for I was informed (of the date) of the Night (of Qadr) but I have been caused to forget it. (In the dream) I saw myself prostrating in mud and water in the morning of that night. So, look for it in the last ten nights and in the odd ones of them." It rained that night and the roof of the mosque dribbled as it was made of leaf stalks of date-palms. I saw with my own eyes the mark of mud and water on the forehead of the Prophet (i.e. in the morning of the twenty-first).

"I asked Ibn 'Umar about what containers the Messenger of Allah (saws) prohibited. He informed us in your language, and he explained it to us in our language. He said: "The Messenger of Allah (saws) prohibited Al-Hantamah, and it is an earthenware container, and he prohibited Ad-Dubba', and it is gourd, and he prohibited An-Naqir, and it is the trunk of a date-palm that is hollowed out or carved, and he prohibited Al-Muzaffat, and it is coated with pitch. And he ordered that Nabidh be prepared in water-skins."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn 'Abbas, Abu Sa'eed, Abu Hurairah, 'Abdur-Rahman bin Ya'mur, Samurah, Anas, 'Aishah, 'Imran bin Husain, 'A'idh bin 'Amr, Al-Hakam Al-Ghifari, and Maimunah.

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

I found a purse containing one hundred Diners. So I went to the Prophet (and informed him about it), he said, "Make public announcement about it for one year" I did so, but nobody turned up to claim it, so I again went to the Prophet who said, "Make public announcement for another year." I did, but none turned up to claim it. I went to him for the third time and he said, "Keep the container and the string which is used for its tying and count the money it contains and if its owner comes, give it to him; otherwise, utilize it." The sub-narrator Salama said, "I met him (Suwaid, another sub-narrator) in Mecca and he said, 'I don't know whether Ubai made the announcement for three years or just one year.' "

It was said to the Prophet "Would that you see `Abdullah bin Ubai." So, the Prophet went to him, riding a donkey, and the Muslims accompanied him, walking on salty barren land. When the Prophet reached `Abdullah bin Ubai, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that an Ansari man said (to `Abdullah), "By Allah! The smell of the donkey of Allah's Apostle is better than your smell." On that a man from `Abdullah's tribe got angry for `Abdullah's sake, and the two men abused each other which caused the friends of the two men to get angry, and the two groups started fighting with sticks, shoes and hands. We were informed that the following Divine Verse was revealed (in this concern):-- "And if two groups of Believers fall to fighting then, make peace between them." (49.9)

Once the journey-food of the people ran short and they were in great need. So, they came to the Prophet to take his permission for slaughtering their camels, and he permitted them. Then `Umar met them and they informed him about it. He said, "What will sustain you after your camels (are finished)?" Then `Umar went to the Prophet and said, "O Allah's Apostle! What will sustain them after their camels (are finished)?" Allah's Apostle said, "Make an announcement amongst the people that they should bring all their remaining food (to me)." (They brought it and) the Prophet invoked Allah and asked for His Blessings for it. Then he asked them to bring their food utensils and the people started filling their food utensils with their hands till they were satisfied. Allah's Apostle then said, "I testify that None has the right to be worshipped but Allah, and I am His Apostle. "

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar and he were approaching Juruf. When they got to Mirbad, Abdullah got down and did tayammum with some good earth. He wiped his face, and his arms to the elbows, and then prayed.