Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

Yahya related to me from Malik that he had heard that Abu Bakr and Umar used to do that.

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

I went to `Aisha and asked her to describe to me the illness of Allah's Apostle. `Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." `Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the `Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a softhearted man, so he asked `Umar to lead the prayer but `Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-`Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaidullah added "I went to `Abdullah bin `Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn `Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether `Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was `Ali (Ibn Abi Talib).

Abu Dawud said: This woman was the wife of Abu Dharr.

Yahya related to me from Malik that he heard Ibn Shihab say, "The idda of the divorced woman is reckoned by the menstrual cycles even if she is estranged ." (The reason the idda is normally reckoned by the menstrual cycle is to see whether the woman is pregnant or not.)

Yahya related to me from Malik that he had heard that Uthman ibn Affan forbade hoarding .

Yahya related to me from Malik from Nafi that Ibn Umar would never turn around when praying.

Yahya related to me from Malik that he had heard that Abdullah ibn Masud used to move forward while in ruku.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar once entered ihram at al-Fur.

This hadith has been narrated through another chain of transmitters.

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of ...

Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother.

Yahya related to me that Abd ar-Rahman ibn Harmala al-Aslami said, "I saw Said ibn al-Musayyab with his nose bleeding and blood poured out of it so that his fingers were all red from the blood coming out of his nose, and he prayed without doing wudu."

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, mayAllah bless him and grant him peace, that the Prophet, may Allah bless him and grant him peace, saw spittle, or mucus or phlegm, on the wall of the qibla and scraped it off.

Yahya related to me from Malik that Ibn Shihab said, "Walking behind the bier is in contradiction to the sunna."

Yahya related to me from Malik from a reliable source that Abdullah ibn Umar once entered ihram at Ilya (Jerusalem).

(as above Hadith 301).

Yahya related to me from Malik from Zayd ibn Aslam from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade bartering live animals for meat.

Yahya related to me from Malik that Abu Jafar al-Qari said, "I saw Abdullah ibn Umar drink while standing."

Yahya related to me from Malik from Nafithat Ibn Umar used to sleep sitting and then would pray without doing wudu.

Yahya related the same as that to me from Malik from Zayd ibn Aslam from his father from Umar ibn al-Khattab.

Malik related to me that Umar ibn al-Khattab said, "The testimony of some one known to bear a grudge or to be unreliable is not accepted."

Yahya related to me from Malik that he had heard that Jabir ibn Abdullah used to pray in one garment.

Yahya related to me from Malik from Nafi from Ibn Umar that he used to travel to Khaybar and he would shorten the prayer.

Yahya related to me from Malik from Nafi that he used to travel one mail-stage with Ibn Umar, and he would not shorten the prayer.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used not to fast while travelling.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abdullah ibn Abbas the same as that.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad disapproved of eating game that had been killed with throwing sticks and by clay pellets.

Yahya related to me from Malik that he heard that there had been an aqiqa for Hasan and Husayn, the sons of Ali ibn Abi Talib.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."

Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."

Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."

Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.

Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

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."

Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.

Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "

That the Messenger of Allah (saws) said: "Every intoxicant is Khamr, and every intoxicant is unlawful. Whoever drinks Khamr in this world, and dies continuing it, he will not drink it in the Hereafter.

He said: There are narrations on this topic from Abu Hurairah, Abu Sa'eed, 'Abdullah bin 'Amr, 'Ubadah, Abu Malik Al-Ash'ari, and Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. It has been reported through other routes from Nafi', from Ibn 'Umar, from the Prophet (saws). Malik bin Anas reported it from Nafi' from Ibn 'Umar in Mawquf - not Marfu' form.

When the Messenger of Allah (saws) finished a prayer in which he had recited (the Qur'an) loudly, he asked: Did any of you recite along with me just now? A man replied: Yes, Messenger of Allah. He said: I am wondering what is the matter with me that I have been contended with reciting the Qur'an. He said: When the people heard that from the Messenger of Allah (saws) they ceased reciting (the Qur'an) along with him at the prayers in which he recited aloud.

Abu Dawud said: This tradition reported by Ibn Ukaimah has also been narrated by Ma'mar, Yunus, and Usamah b. Zaid on the authority of al-Zuhri similar to the tradition of Malik.

"It was said, 'O Messenger of Allah, what equals Jihad?' He said: 'Verily, you (people) are not capable of it.' So they repeated it to him two or three times, each time he said, 'You (people) are not capable of it.' Then he said the third time: 'The example of the Mujahid in the path of Allah is like the one who fasts and stands (in prayer) and does not slacken from Salat, nor fasting, until the Mujahid in the cause of Allah returns.'"

There are narrations on this topic from Ash-Shifa', 'Abdullah bin Hubshi, Abu Musa', Abu Sa'eed, Umm Malik Al-Bahziyyah, and Anas.

This Hadith is a Hasan Sahih. And it has been reported through more than one route from Abu Hurairah from the Prophet (saws).