Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

Abu Dawud said: This tradition has also been transmitted by Hushaim, Khalid, and Ibn Idris from Yazid. They did not mention the words “then he did not repeat”

The Prophet (saws) said: Every sermon which does not contain a tashahhud is like a hand cut off.

The Prophet said, "None of you should offer prayer in a single garment that does not cover the shoulders."

Yahya related to me from Malik that he had heard that a man wanted to buy food from a man in advance. The man who wanted to sell the food to him went with him to the market, and he began to show him heaps, saying, "Which one would you like me to buy for you." The buyer said to him, "Are you selling me what you do not have?" So they came to Abdullah ibn Umarand mentioned that to him. Abdallah ibn Umar said to the buyer, "Do not buy from him what he does not have." He said to the seller, "Do not sell what you do not have."

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "A virgin has seven nights, and a woman who has been previously married has three nights."

Malik affirmed, "That is what is done among us."

Malik added, "If the man has another wife, he divides his time equally between them after the wedding nights. He does not count the wedding nights against the one he has just married."

Abdullah ibn AbuBakr reported that he heard Urwah say: I entered upon Marwan ibn al-Hakam. We mentioned things that render the ablution void. Marwan said: Does it become void by touching the penis? Urwah replied: This I do not know. Marwan said: Busrah daughter of Safwan reported to me that she heard the Messenger of Allah (saws) say: He who touches his penis should perform ablution.

The Prophet (saws) said: When one of you is in doubt about his prayer, and does not know how much he has prayed, three or four rak'ahs, he should pray one (additional) rak'ah and make two prostrations while sitting before giving the salutation. If the (additional) rak'ah which he prayed is the fifth one, he will make it an even number by these two prostrations. If it is the fourth one, the two prostrations will be a disgrace for the devil.

Allah's Apostle said, "The example of a Believer who recites the Qur'an, is that of a citron which smells good and tastes good; And the example of a Believer who does not recite the Qur'an, is that of a date which has no smell but tastes sweet; and the example of a hypocrite who recites the Qur'an, is that of an aromatic plant which smells good but tastes bitter; and the example of a hypocrite who does not recite the Qur'an, is that of a colocynth plant which has no smell and is bitter in taste."

The Prophet said, 'The example of a believer who recites the Qur'an is that of a citron (a citrus fruit) which is good in taste and good in smell. And the believer who does not recite the Qur'an is like a date which has a good taste but no smell. And the example of an impious person who recites the Qur'an is that of Ar-Rihana (an aromatic plant) which smells good but is bitter in taste. And the example of an impious person who does not recite the Qur'an is that of a colocynth which is bitter in taste and has no smell."

The Prophet (saws) said: Prayer is to be offered in two rak'ahs; and you should recite the tashahhud at the end of two rak'ahs, and express your distress and humility and raise your hands and say praying: O Allah, O Allah. He who does not do so does not offer a perfect prayer.

Abu Dawud was asked about offering prayer at night in two rak'ahs. He said: They may be two if you like and four if you like.

Allah's Apostle said, "When the call for prayer is made, Satan takes to his heels passing wind so that he may not hear the Adhan and when the call is finished he comes back, and when the Iqama is pronounced, Satan again takes to his heels, and when the Iqama is finished he comes back again and tries to interfere with the person and his thoughts and say, "Remember this and that (which he has not thought of before the prayer)", till the praying person forgets how much he has prayed. If anyone of you does not remember whether he has offered three or four rak`at then he should perform two prostrations of Sahu while sitting.

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

Yahya related to me from Malik that he asked Abd ar-Rahman ibn Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied, "From wherever it was possible."

Yahya said that Malik was asked whether some one else could throw the stones for a child or a sick man and he said, "Yes, and a sick man should inquire as to when the stones will be thrown for him and then say the takbir while he is in the place where he is staying, bleeding. If a sick man regains his health during the days of tashriq, he should stone whatever stoning has been done for him and he must offer a sacrificial animal."

Malik said, "I do not consider that someone who stones the jamras or does say between Safa and Marwa without being in wudu has to repeat anything, but he should not make a general practice of it."

The Prophet asked me, "How long does it take you to finish the recitation of the whole Qur'an?"

Um-Sulaim came to Allah's Apostle and said, "Verily, Allah is not shy of (telling you) the truth. Is it necessary for a woman to take a bath after she has a wet dream (nocturnal sexual discharge?) The Prophet replied, "Yes, if she notices a discharge." Um Salama, then covered her face and asked, "O Allah's Apostle! Does a woman get a discharge?" He replied, "Yes, let your right hand be in dust (An Arabic expression you say to a person when you contradict his statement meaning "you will not achieve goodness"), and that is why the son resembles his mother."

Abu Bakr kissed (the forehead of) the Prophet when he was dead. `Aisha added: We put medicine in one side of his mouth but he started waving us not to insert the medicine into his mouth. We said, "He dislikes the medicine as a patient usually does." But when he came to his senses he said, "Did I not forbid you to put medicine (by force) in the side of my mouth?" We said, "We thought it was just because a patient usually dislikes medicine." He said, "None of those who are in the house but will be forced to take medicine in the side of his mouth while I am watching, except Al-`Abbas, for he had not witnessed your deed."

Usama bin Zaid said, "The Prophet rode over a donkey with a saddle underneath which there was a thick soft Fadakiya velvet sheet. Usama bin Zaid was his companion rider, and he was going to pay a visit to Sa`d bin Ubada (who was sick) at the dwelling place of Bani Al-Harith bin Al-Khazraj, and this incident happened before the battle of Badr. The Prophet passed by a gathering in which there were Muslims and pagan idolators and Jews, and among them there was `Abdullah bin Ubai bin Salul, and there was `Abdullah bin Rawaha too. When a cloud of dust raised by the animal covered that gathering, `Abdullah bin Ubai covered his nose with his Rida (sheet) and said (to the Prophet), "Don't cover us with dust." The Prophet greeted them and then stopped, dismounted and invited them to Allah (i.e., to embrace Islam) and also recited to them the Holy Qur'an. `Abdullah bin Ubai' bin Salul said, "O man! There is nothing better than what you say, if what you say is the truth. So do not trouble us in our gatherings. Go back to your mount (or house,) and if anyone of us comes to you, tell (your tales) to him." On that `Abdullah bin Rawaha said, "(O Allah's Apostle!) Come to us and bring it(what you want to say) in our gatherings, for we love that." So the Muslims, the pagans and the Jews started quarreling till they were about to fight and clash with one another. The Prophet kept on quietening them (till they all became quiet). He then rode his animal, and proceeded till he entered upon Sa`d bin 'Ubada, he said, "O Sa`d, didn't you hear what Abu Habbab said? (He meant `Abdullah bin Ubai). He said so-and-so." Sa`d bin 'Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Allah, Allah has given you what He has given you. The people of this town decided to crown him (as their chief) and make him their king. But when Allah prevented that with the Truth which He had given you, it choked him, and that was what made him behave in the way you saw him behaving." So the Prophet excused him.

Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."

Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."

Allah's Apostle and the pagans faced each other and started fighting. When Allah's Apostle returned to his camp and when the pagans returned to their camp, somebody talked about a man amongst the companions of Allah's Apostle who would follow and kill with his sword any pagan going alone. He said, "Nobody did his job (i.e. fighting) so properly today as that man." Allah's Apostle said, "Indeed, he is amongst the people of the (Hell) Fire." A man amongst the people said, "I shall accompany him (to watch what he does)" Thus he accompanied him, and wherever he stood, he would stand with him, and wherever he ran, he would run with him. Then the (brave) man got wounded seriously and he decided to bring about his death quickly. He planted the blade of the sword in the ground directing its sharp end towards his chest between his two breasts. Then he leaned on the sword and killed himself. The other man came to Allah's Apostle and said, "I testify that you are Allah's Apostle." The Prophet asked, "What has happened?" He replied, "(It is about) the man whom you had described as one of the people of the (Hell) Fire. The people were greatly surprised at what you said, and I said, 'I will find out his reality for you.' So, I came out seeking him. He got severely wounded, and hastened to die by slanting the blade of his sword in the ground directing its sharp end towards his chest between his two breasts. Then he eased on his sword and killed himself." when Allah's Apostle said, "A man may seem to the people as if he were practising the deeds of the people of Paradise while in fact he is from the people of the Hell) Fire, another may seem to the people as if he were practicing the deeds of the people of Hell (Fire), while in fact he is from the people of Paradise."

The Prophet (saws) said: Kill all the snakes, and he who fears their revenge does not belong to me.

Malik said, "This is what is done among us."

Malik added, "If she does not have a menstrual period, her idda is three months."

Allah's Apostle said, "Whoever drinks alcoholic drinks in the world and does not repent (before dying), will be deprived of it in the Hereafter."

The Prophet ordered us to do seven (things) and forbade us from seven (other things): He ordered us to pay a visit to the sick, to follow funeral possessions, to say: May Allah be merciful to you to a sneezer, - if he says: Praise be to Allah, to accept invitation (invitation to a wedding banquet), to return greetings, to help the oppressed, and to help others to fulfill their oaths (provided it was not sinful). And he forbade us from seven (things): to wear golden rings or golden bangles, to wear silk (cloth), Dibaj, Sundus and Mayathir.

The Prophet said, 'Beware! Avoid sitting on the roads." They (the people) said, "O Allah s Apostle! We can't help sitting (on the roads) as these are (our places) here we have talks." The Prophet said, ' l f you refuse but to sit, then pay the road its right ' They said, "What is the right of the road, O Allah's Apostle?" He said, 'Lowering your gaze, refraining from harming others, returning greeting, and enjoining what is good, and forbidding what is evil."

The people say that Abu Huraira narrates too many narrations. In fact Allah knows whether I say the truth or not. They also ask, "Why do the emigrants and the Ansar not narrate as he does?" In fact, my emigrant brethren were busy trading in the markets, and my Ansar brethren were busy with their properties. I was a poor man keeping the company of Allah's Apostle and was satisfied with what filled my stomach. So, I used to be present while they (i.e. the emigrants and the Ansar) were absent, and I used to remember while they forgot (the Hadith). One day the Prophet said, "Whoever spreads his sheet till I finish this statement of mine and then gathers it on his chest, will never forget anything of my statement." So, I spread my covering sheet which was the only garment I had, till the Prophet finished his statement and then I gathered it over my chest. By Him Who had sent him (i.e. Allah's Apostle) with the truth, since then I did not forget even a single word of that statement of his, until this day of mine. By Allah, but for two verses in Allah's Book, I would never have related any narration (from the Prophet). (These two verses are): "Verily! Those who conceal the clear signs and the guidance which we have sent down .....(up to) the Merciful.' (2.159-160)

That Kuraib, the freed slave of Ibn `Abbas told him that Ibn `Abbas, `Abdur-Rahman bin Azhar and Al-Miswar bin Makhrama sent him to `Aisha saying, "Pay her our greetings and ask her about our offering of the two-rak`at after `Asr Prayer, and tell her that we have been informed that you offer these two rak`at while we have heard that the Prophet had forbidden their offering." Ibn `Abbas said, "I and `Umar used to beat the people for their offering them." Kuraib added, "I entered upon her and delivered their message to her.' She said, 'Ask Um Salama.' So, I informed them (of `Aisha's answer) and they sent me to Um Salama for the same purpose as they sent me to `Aisha. Um Salama replied, 'I heard the Prophet forbidding the offering of these two rak`at. Once the Prophet offered the `Asr prayer, and then came to me. And at that time some Ansari women from the Tribe of Banu Haram were with me. Then (the Prophet ) offered those two rak`at, and I sent my (lady) servant to him, saying, 'Stand beside him and say (to him): Um Salama says, 'O Allah's Apostle! Didn't I hear you forbidding the offering of these two rak`at (after the `Asr prayer yet I see you offering them?' And if he beckons to you with his hand, then wait behind.' So the lady slave did that and the Prophet beckoned her with his hand, and she stayed behind, and when the Prophet finished his prayer, he said, 'O the daughter of Abu Umaiya (i.e. Um Salama), You were asking me about these two rak`at after the `Asr prayer. In fact, some people from the tribe of `Abdul Qais came to me to embrace Islam and busied me so much that I did not offer the two rak`at which were offered after Zuhr compulsory prayer, and these two rak`at (you have seen me offering) make up for those."

The Prophet said, "The example of a believer who recites the Qur'an and acts on it, like a citron which tastes nice and smells nice. And the example of a believer who does not recite the Qur'an but acts on it, is like a date which tastes good but has no smell. And the example of a hypocrite who recites the Qur'an is like a Raihana (sweet basil) which smells good but tastes bitter And the example of a hypocrite who does not recite the Qur'an is like a colocynth which tastes bitter and has a bad smell."

Yahya related to me from Malik from Yahya ibn Said that he had heard that Abdullah ibn Abbas said, "Stealing from the spoils does not appear in a people but that terror is cast into their hearts. Fornication does not spread in a people but that there is much death among them. A people do not lessen the measure and weight but that provision is cut off from them. A people do not judge without right but that blood spreads among them. A people do not betray the pledge but that Allah gives their enemies power over them."

Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."

He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).

"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).

"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."

Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."

Yahya said that he heard Malik say, "Someone who eats or drinks out of neglect or forgetfulness during a voluntary fast does not have to repeat his fast, but he should continue fasting for the rest of the day in which he eats or drinks while voluntarily fasting, and not stop fasting. Someone to whom something unexpected happens which causes him to break his fast while he is fasting voluntarily does not have to repeat his fast if he has broken it for a reason, and not simply because he decided to break his fast. Just as I do not think that someone has to repeat a voluntary prayer if he has had to stop it because of some discharge which he could prevent and which meant that he had to repeat his wudu."

Malik said, "Once a man has begun doing any of the right actions (al-amal as-saliha) such as the prayer, the fast and the hajj, or similar right actions of a voluntary nature, he should not stop until he has completed it according to what the sunna for that action is. If he says the takbir he should not stop until he has prayed two rakas. If he is fasting he should not break his fast until he has completed that day's fast. If he goes into ihram he should not return until he has completed his hajj, and if he begins doing tawaf he should not stop doing so until he has gone around the Kaba seven times. He should not stop doing any of these actions once he has started them until he has completed them, except if something happens such as illness or some other matter by which a man is excused. This is because Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, (and) then complete the fast until night-time,' (Sura 2 ayat 187), and so he must complete his fast as Allah has said. Allah, the Exalted, (also) says, 'And complete the hajj and the umra for Allah,' and so if a man were to go into ihram for a voluntary hajj having done his one obligatory hajj (on a previous occasion), he could not then stop doing his hajj having once begun it and leave ihram while in the middle of his hajj. Anyone that begins a voluntary act must complete it once he has begun doing it, just as an obligatory act must be completed . This is the best of what I have heard."

Allah's Apostle narrated to us two narrations, one of which I have seen (happening) and I am waiting for the other. He narrated that honesty was preserved in the roots of the hearts of men (in the beginning) and then they learnt it (honesty) from the Qur'an, and then they learnt it from the (Prophet's) Sunna (tradition). He also told us about its disappearance, saying, "A man will go to sleep whereupon honesty will be taken away from his heart, and only its trace will remain, resembling the traces of fire. He then will sleep whereupon the remainder of the honesty will also be taken away (from his heart) and its trace will resemble a blister which is raised over the surface of skin, when an ember touches one's foot; and in fact, this blister does not contain anything. So there will come a day when people will deal in business with each other but there will hardly be any trustworthy persons among them. Then it will be said that in such-and-such a tribe there is such-and-such person who is honest, and a man will be admired for his intelligence, good manners and strength, though indeed he will not have belief equal to a mustard seed in his heart." The narrator added: There came upon me a time when I did not mind dealing with anyone of you, for if he was a Muslim, his religion would prevent him from cheating; and if he was a Christian, his Muslim ruler would prevent him from cheating; but today I cannot deal except with so-and-so and so-and-so. (See Hadith No. 208, Vol. 9)

Abu Dawud said: Malis said: This refers to a man gives his evidence, but he does not know for whom it is meant. Al-Hamdani said: "He should inform the authorities. Ibn al-Sarh said: "He should give it to the ruler. The work ikhbar (inform) occurs in the version of al-Hamdani." Ibn al-Sarh said: "Ibn Abi 'Amrah and not 'Abd al-Rahman."

That he heard the Prophet delivering a sermon, and he mentioned the shecamel and the one who hamstrung it. Allah's Apostle recited:-- 'When, the most wicked man among them went forth (to hamstrung the she-camel).' (91.12.) Then he said, "A tough man whose equal was rare and who enjoyed the protection of his people, like Abi Zama went forth to (hamstrung) it." The Prophet then mentioned about the women (in his sermon). "It is not wise for anyone of you to lash his wife like a slave, for he might sleep with her the same evening." Then he advised them not to laugh when somebody breaks wind and said, "Why should anybody laugh at what he himself does?"

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

Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."

Malik said, "That is what is done among us."

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."