Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Anas ibn Malik that his grandmother, Mulayka, invited the Messenger of Allah, may Allah bless him and grant him peace, for food and he ate some of it. Then the Messenger of Allah, may Allah bless him and grant him peace, said, "Get up and I will lead you in prayer."

Anas said, "I stood up and took a woven mat belonging to us that had become black through long use and sprinkled it with water, and the Messengerof Allah, may Allah bless him and grant him peace, stood on it. The orphan and I formed a row behind him, and the old woman stood behind us. He prayed two rakas with us and then left."

One of the Companions of the Prophet (may peace be upon), came upon us in Egypt. When he was narrating traditions in the Mosque of Egypt, I heard him say: I was the seventh or the sixth person in the company of the Messenger of Allah ( peace be upon him) in the house of a person.

In the meantime Bilal came and called him for prayer. He came out and passed by a person who had his fire-pan on the fire. The Messenger of Allah (saws) said to him: Has the food in the fire-pan been cooked? He replied: Yes, my parents be sacrificed upon you. He then took a piece out of it and continued to chew it until he uttered the first takbir (AllahuAkbar) of the prayer. All this time I was looking at him.

The Prophet and Abu Bakr employed a (pagan) man from the tribe of Bani Ad-Dail and the tribe of Bani 'Abu bin `Adi as a guide. He was an expert guide and he broke the oath contract which he had to abide by with the tribe of Al-`Asi bin Wail and he was on the religion of Quraish pagans. The Prophet and Abu Bakr had confidence in him and gave him their riding camels and told him to bring them to the Cave of Thaur after three days. So, he brought them their two riding camels after three days and both of them (The Prophet and Abu Bakr) set out accompanied by 'Amir bin Fuhaira and the Dili guide who guided them below Mecca along the road leading to the sea-shore.

A man from Banu Abdullah ibn Ka'b brethren of Banu Qushayr (not Anas ibn Malik, the well-known Companion), said: A contingent from the cavalry of the Messenger of Allah (saws) raided us. I reached (for he said went) to the Messenger of Allah (saws) who was taking his meals. He said: Sit down, and take some from this meal of ours. I said: I am fasting, he said: Sit down, I shall tell you about prayer and fasting. Allah has remitted half the prayer to a traveller, and fasting to the traveller, the woman who is suckling an infant and the woman who is pregnant, I swear by Allah, he mentioned both (i.e. suckling and pregnant women) or one of them. I was grieved for not taking the food of the Messenger of Allah (saws).

When the verse: "O ye who believe! eat not up your property among yourselves in vanities, but let there be amongst you traffic and trade by mutual good will" was revealed, a man thought it a sin to eat in the house of another man after the revelation of this verse.

Then this (injunction) was revealed by the verse in Surat an-Nur: "No blame on you whether you eat in company or separately."

When a rich man (after revelation) invited a man from his people to eat food in his house, he would say: I consider it a sin to eat from it, and he said: a poor man is more entitled to it than I. The Arabic word tajannah means sin or fault. It was then declared lawful to eat something on which the name of Allah was mentioned, and it was made lawful to eat the flesh of an animal slaughtered by the people of the Book.

I saw Safwan and Jundab and Safwan's companions when Jundab was advising. They said, "Did you hear something from Allah's Apostle?" Jundab said, "I heard him saying, 'Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.'" The people said (to Jundab), "Advise us." He said, "The first thing of the human body to purify is the `Abdomen, so he who can eat nothing but good food (Halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so."

When I visited Aisha she said, "Barirah who had a written contract for her emancipation for a certain amount came to me and said, "O mother of the believers! Buy me and manumit me, as my masters will sell me." Aisha agreed to it. Barirah said, 'My masters will sell me on the condition that my Wala will go to them." Aisha said to her, 'Then I am not in need of you.' The Prophet heard of that or was told about it and so he asked Aisha, 'What is the problem of Barirah?' He said, 'Buy her and manumit her, no matter what they stipulate.' Aisha added, 'I bought and manumitted her, though her masters had stipulated that her Wala would be for them.' The Prophet said, The Wala is for the liberator, even if the other stipulated a hundred conditions."

(A man broke his fast intentionally) during Ramadan. The Messenger of Allah (saws) commanded him to emancipate a slave, or fast for two months, or feed sixty poor men. He said: I cannot provide. The Messenger of Allah (saws) said: Sit down. Thereafter a huge basket of dates ('araq) was brought to the Messenger of Allah (saws). He said: Take this and give it as sadaqah (alms). He said: Messenger of Allah, there is no poorer than I. The Messenger of Allah (saws) thereupon laughed so that his canine teeth became visible and said: Eat it yourself.

Abu Dawud said: Ibn Juraij narrated it from al-Zuhri in the wordings of the narrator Malik that a man broke his fast. This version says: You should either free a slave, or fast for two months, or provide food for sixty poor men.

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."

A man asked Allah's Apostle about "Al-Luqata" (a lost fallen purse or a thing picked up by somebody). The Prophet said, "You should announce it publicly for one year, and then remember and recognize the tying material of its container, and then you can spend it. If its owner came to you, then you should pay him its equivalent." The man said, "O Allah's Apostle! What about a lost sheep?" The Prophet said, "Take it because it is for you, for your brother, or for the wolf." The man again said, "O Allah's Apostle! What about a lost camel?" Allah's Apostle became very angry and furious and his cheeks became red (or his face became red), and he said, "You have nothing to do with it (the camel) for it has its food and its water container with it till it meets its owner."

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.

The Messenger of Allah (saws) said one day from the pulpit: When some people were sailing in the sea, their food was finished. An island appeared to them. They went out seeking bread. They were met by the Jassasah (the Antichrist's spy).

I said to AbuSalamah: What is the Jassasah? He replied: A woman trailing the hair of her skin and of her head. She said: In this castle. He then narrated the rest of the (No. 4311) tradition. He asked about the palm-trees of Baysan and the spring of Zughar. He said: He is the Antichrist. Ibn Salamah said to me: There is something more in this tradition, which I could not remember. He said: Jabir testified that it was he who was Ibn Sayyad.

I said: He died. He said: Let him die. I said: He accepted Islam. He said: Let him accept Islam. I said: He entered Medina. He said: Let him enter Medina.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."

Yahya related to me from Malik that Yahya ibn Said heard Jamil ibn Abd ar-Rahman the Muadhdhin say to Said ibn al-Musayyab, "I am a man who buys whatever Allah wills of the receipts for the provisions which people are offered at al-Jar. I want to take payment for goods that I guarantee to deliver at a future date." Said said to him, "Do you intend to settle these things with receipts for provisions you have bought?" He said, "Yes." So he forbade that.

Malik said, "The generally agreed on way of doing things among us in which there is no dispute, about buying food - wheat, barley, durra-sorghum, pearl millet, or any pulse or anything resembling pulses on which zakat is obliged, or condiments of any sort - oil, ghee, honey, vinegar, cheese, sesame oil, milk and so on, is that the buyer should not re- sell any of that until he has taken possession and complete delivery of it.

Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, entered the mosque and found Abu Bakr as-Siddiq and Umar ibn al-Khattab there. He questioned them and they said, "Hunger has driven us out." The Messenger of Allah, may Allah bless him and grant him peace, said, "And hunger has brought me out." They went to Abu'l-Haytham ibn at- Tayyihan al-Ansari. He ordered that some barley that was in the house be prepared and he got up to slaughter a sheep for them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave the one with milk." He slaughtered a sheep for them and brought them sweet water and it was hung on a palm-tree. Then they were brought the food and ate it and drank the water. The Messenger of Allah, may Allah bless him and grant him peace, recited, "Then, on that day, you will be asked concerning pleasure." (Sura 102 ayat 8).

The Prophet said, "The (planet of) earth will be a bread on the Day of Resurrection, and The resistible (Allah) will topple turn it with His Hand like anyone of you topple turns a bread with his hands while (preparing the bread) for a journey, and that bread will be the entertainment for the people of Paradise." A man from the Jews came (to the Prophet) and said, "May The Beneficent (Allah) bless you, O Abul Qasim! Shall I tell you of the entertainment of the people of Paradise on the Day of Resurrection?" The Prophet said, "Yes." The Jew said, "The earth will be a bread," as the Prophet had said. Thereupon the Prophet looked at us and smiled till his premolar tooth became visible. Then the Jew further said, "Shall I tell you of the udm (additional food taken with bread) they will have with the bread?" He added, "That will be Balam and Nun." The people asked, "What is that?" He said, "It is an ox and a fish, and seventy thousand people will eat of the caudate lobe (i.e. extra lobe) of their livers."

Yahya related to me from Malik, from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al- Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were muhrim, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, "It is food that Allah has fed you with."

I was present at the gathering of Banu Salamah, and I was the youngest of them.

They (the people) said: Who will ask the Messenger of Allah (saws) for us about Laylat al-Qadr? That was the twenty-first of Ramadan. I went out and said the sunset prayer along with the Messenger of Allah (saws). I then stood at the door of his house.

He passed by me and said: Come in. I entered (the house) and dinner was brought for him. I was prevented from taking food as it was scanty.

When he finished his dinner, he said to me: Give me my shoes. He then stood up and I also stood up with him. He said: Perhaps you have some business with me.

I said: Yes. Some people of Banu Salamah have sent me to you to ask you about Laylat al-Qadr. He asked: Which night: Is it tonight?

I said: Twenty-second. He said: This is the very night. He then withdrew and said: Or the following night, referring to the twenty-third night.

Malik related to me from Humayd ibn Qays al-Makki that Mujahid said, "Abdullah ibn Umar borrowed some dirhams from a man, then he discharged his debt with dirhams better than them. The man said, 'Abu Abdar-Rahman. These are better than the dirhams which I lent you.' Abdullah ibn Umar said, 'I know that. But I am happy with myself about that.' "

Malik said, "There is no harm in a person who has borrowed gold, silver, food, or animals, taking to the person who lent it, something better than what he lent, when that is not a stipulation between them nor a custom. If that is by a stipulation or promise or custom, then it is disapproved, and there is no good in it."

He said, "That is because the Messenger of Allah, may Allah bless him and grant him peace, discharged his debt with a good camel in its seventh year in place of a young camel which he borrowed, and Abdullah ibn Umar borrowed some dirhams, and repaid them with better ones. If that is from the goodness of the borrower, and it is not by a stipulation, promise, or custom, it is halal and there is no harm in it."

We were one hundred and thirty men sitting with the Prophet. The Prophet said, "Have anyone of you any food with him?" It happened that one man had one Sa of wheat flour (or so) which was turned into dough then. After a while a tall lanky pagan came, driving some sheep. The Prophet asked, 'Will you sell us (a sheep), or give (it to) us as a gift?" The pagan said, "No, but I will sell it " So the Prophet bought from him a sheep which was slaughtered, and then the Prophet ordered that the liver, the kidneys, lungs and heart, etc., of that sheep be roasted. By Allah, none of those one hundred and thirty men but had his share of those things. The Prophet gave to those who were present, and also kept a share for those who were absent He then served that cooked sheep in two big trays and we all ate together our fill; yet there remained a part of it in those two trays which I carried on the camel.

That he went with Allah's Apostle to the house of Maimuna, who was his and Ibn `Abbas' aunt. He found with her a roasted mastigure which her sister Hufaida bint Al-Harith had brought from Najd. Maimuna presented the mastigure before Allah's Apostle who rarely started eating any (unfamiliar) food before it was described and named for him. (But that time) Allah's Apostle stretched his hand towards the (meat of the) mastigure whereupon a lady from among those who were present, said, "You should inform Allah's Apostle of what you have presented to him. O Allah's Apostle! It is the meat of a mastigure." (On learning that) Allah's Apostle withdrew his hand from the meat of the mastigure. Khalid bin Al-Walid said, "O Allah's Apostle! Is this unlawful to eat?" Allah's Apostle replied, "No, but it is not found in the land of my people, so I do not like it." Khalid said, "Then I pulled the mastigure (meat) towards me and ate it while Allah's Apostle was looking at me.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

It was the custom among the companions of Muhammad that if any of them was fasting and the food was presented (for breaking his fast), but he slept before eating, he would not eat that night and the following day till sunset. Qais bin Sirma-al-Ansari was fasting and came to his wife at the time of Iftar (breaking one's fast) and asked her whether she had anything to eat. She replied, "No, but I would go and bring some for you." He used to do hard work during the day, so he was overwhelmed by sleep and slept. When his wife came and saw him, she said, "Disappointment for you." When it was midday on the following day, he fainted and the Prophet was informed about the whole matter and the following verses were revealed: "You are permitted To go to your wives (for sexual relation) At the night of fasting." So, they were overjoyed by it. And then Allah also revealed: "And eat and drink Until the white thread Of dawn appears to you Distinct from the black thread (of the night)." (2.187)

"When the Prophet (saws) arrived in Al-Madinah, they were paying in advance for fruits. So he said: 'Whoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.'"

He said: There are narrations on this topic from Ibn Abi Awfa and 'Abdur-Rahman bin Abza.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They allow for advanced payments on food, garments and other things in which the limits and description are known. They differed over delay in delivery of animals. Some of the people of knowledge among the Companions of the Prophet (saws) and others thought that delay in delivery of animals is allowed. This is the view of Ash-Shafi'i, Ahmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked delay in delivery of animals. This is the saying of Sufyan and the people of Al-Kufah. And Abu Al-Minhal's (a narrator) name is 'Abdur-Rahman bin Mut'im.

The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sa`d bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sa`d had only one daughter.

I got a she-camel in my share of the war booty on the day (of the battle) of Badr, and the Prophet had given me a she-camel from the Khumus. When I intended to marry Fatima, the daughter of Allah's Apostle, I had an appointment with a goldsmith from the tribe of Bani Qainuqa' to go with me to bring Idhkhir (i.e. grass of pleasant smell) and sell it to the goldsmiths and spend its price on my wedding party. I was collecting for my she-camels equipment of saddles, sacks and ropes while my two shecamels were kneeling down beside the room of an Ansari man. I returned after collecting whatever I collected, to see the humps of my two she-camels cut off and their flanks cut open and some portion of their livers was taken out. When I saw that state of my two she-camels, I could not help weeping. I asked, "Who has done this?" The people replied, "Hamza bin `Abdul Muttalib who is staying with some Ansari drunks in this house." I went away till I reached the Prophet and Zaid bin Haritha was with him. The Prophet noticed on my face the effect of what I had suffered, so the Prophet asked. "What is wrong with you." I replied, "O Allah's Apostle! I have never seen such a day as today. Hamza attacked my two she-camels, cut off their humps, and ripped open their flanks, and he is sitting there in a house in the company of some drunks." The Prophet then asked for his covering sheet, put it on, and set out walking followed by me and Zaid bin Haritha till he came to the house where Hamza was. He asked permission to enter, and they allowed him, and they were drunk. Allah's Apostle started rebuking Hamza for what he had done, but Hamza was drunk and his eyes were red. Hamza looked at Allah's Apostle and then he raised his eyes, looking at his knees, then he raised up his eyes looking at his umbilicus, and again he raised up his eyes look in at his face. Hamza then said, "Aren't you but the slaves of my father?" Allah's Apostle realized that he was drunk, so Allah's Apostle retreated, and we went out with him.

A man came to Allah's Apostle and said, "O Allah's Apostle! I am suffering from fatigue and hunger." The Prophet sent (somebody) to his wives (to get something), but the messenger found nothing with them. Then Allah's Apostle said (to his companions). "Isn't there anybody who can entertain this man tonight so that Allah may be merciful to him?" An Ansari man got up and said, "I (will, entertain him), O Allah's Apostle!" So he went to his wife and said to her, "This is the guest of Allah's Apostle, so do not keep anything away from him." She said. "By Allah, I have nothing but the children's food." He said, "When the children ask for their dinner, put them to bed and put out the light; we shall not take our meals tonight," She did so. In the morning the Ansari man went to Allah's Apostle who said, "Allah was pleased with (or He bestowed His Mercy) on so-and-so and his wife (because of their good deed)." Then Allah revealed: 'But give them preference over themselves even though they were in need of that.' (59.9)

The Prophet delivered the Khutba after offering the prayer on the Day of Nahr and said, "Whoever offers the prayer like us and slaughters like us then his Nusuk (sacrifice) will be accepted by Allah. And whoever slaughters his sacrifice before the `Id prayer then he has not done the sacrifice." Abi Burda bin Niyar, the uncle of Al-Bara' said, "O Allah's Apostle! I have slaughtered my sheep before the `Id prayer and I thought today as a day of eating and drinking (not alcoholic drinks), and I liked that my sheep should be the first to be slaughtered in my house. So slaughtered my sheep and took my food before coming for the prayer." The Prophet said, "The sheep which you have slaughtered is just mutton (not a Nusuk)." He (Abu Burda) said, "O Allah's Apostle! I have a young she-goat which is dearer to me than two sheep. Will that be sufficient as a Nusuk on my behalf? "The Prophet (p.b.u.h) said, "Yes, it will be sufficient for you but it will not be sufficient (as a Nusuk) for anyone else after you."

Aisha said, "Barirah came to me and said, 'My people (masters) have written the contract for my emancipation for nine Awaq ) of gold) to be paid in yearly installments, one Uqiyya per year; so help me." Aisha said (to her), "If your masters agree, I will pay them the whole sum provided the Wala will be for me." Barirah went to her masters and told them about it, but they refused the offer and she returned from them while Allah's Apostles was sitting. She said, "I presented the offer to them, but they refused unless the Wala' would be for them." When the Prophet heard that and `Aisha told him about It, he said to her, "Buy Barirah and let them stipulate that her Wala' will be for them, as the Wala' is for the manumitted." `Aisha did so. After that Allah's Apostle got up amidst the people, Glorified and Praised Allah and said, "What is wrong with some people who stipulate things which are not in Allah's Laws? Any condition which is not in Allah's Laws is invalid even if there were a hundred such conditions. Allah's Rules are the most valid and Allah's Conditions are the most solid. The Wala is for the manumitted."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

When the Prophet went out for the `Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded." The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of `Abdullah." Then he said to `Ali, "Erase (the name of) 'Apostle of Allah'." `Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing..and he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of `Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him." (In the next year) when the Prophet entered Mecca and the allowed period of stay elapsed, the infidels came to `Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" `Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) `Ali, Zaid and Ja`far quarreled about her. `Ali said, "I took her for she is the daughter of my uncle." Ja`far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to `Ali, "You are from me, and I am from you," and said to Ja`far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." `Ali said to the Prophet 'Won't you marry the daughter of Hamza?" The Prophet said, "She is the daughter of my foster brother."

Jabir ibn Abdullah used to say that a Jewess from the inhabitants of Khaybar poisoned a roasted sheep and presented it to the Messenger of Allah (saws) who took its foreleg and ate from it. A group of his companions also ate with him.

The Messenger of Allah (saws) then said: Take your hands away (from the food). The Messenger of Allah (saws) then sent someone to the Jewess and he called her.

He said to her: Have you poisoned this sheep? The Jewess replied: Who has informed you? He said: This foreleg which I have in my hand has informed me. She said: Yes. He said: What did you intend by it? She said: I thought if you were a prophet, it would not harm you; if you were not a prophet, we should rid ourselves of him (i.e. the Prophet). The Messenger of Allah (saws) then forgave her, and did not punish her. But some of his companions who ate it, died. The Messenger of Allah (saws) had himself cupped on his shoulder on account of that which he had eaten from the sheep. AbuHind cupped him with the horn and knife. He was a client of Banu Bayadah from the Ansar.

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

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

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

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

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

The Messenger of Allah (saws) said: Gabriel (saws) led me in prayer at the House (i.e. the Ka'bah). He prayed the noon prayer with me when the sun had passed the meridian to the extent of the thong of a sandal; he prayed the afternoon prayer with me when the shadow of everything was as long as itself; he prayed the sunset prayer with me when one who is fasting breaks the fast; he prayed the night prayer with me when the twilight had ended; and he prayed the dawn prayer with me when food and drink become forbidden to one who is keeping the fast.

On the following day he prayed the noon prayer with me when his shadow was as long as himself; he prayed the afternoon prayer with me when his shadow was twice as long as himself; he prayed the sunset prayer at the time when one who is fasting breaks the fast; he prayed the night prayer with me when about the third of the night had passed; and he prayed the dawn prayer with me when there was a fair amount of light.

Then turning to me he said: Muhammad, this is the time observed by the prophets before you, and the time is anywhere between two times.