I heard Ash-Shu`bi saying, "I was told by a man who had passed with the Prophet (p.b.u.h) by a grave that was separate from the other graves that he (the Prophet ) led them in the prayer and they prayed behind him." I said, "O Abu `Amr! Who narrated that to you?" He replied, "Ibn `Abbas."

Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting, (and Allah knows better than the slave that it is an excuse for him and that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His book, 'Whoever among you is ill or on a journey (must fast) a number of other days,' and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' "

While the Messenger of Allah (saws) was walking a man who had an ass came to him and said: Messenger of Allah, ride; and the man moved to the back of the animal. The Messenger of Allah (saws) said: No, you have more right to ride in front on your animal than me unless you grant that right to me. He said: I grant it to you. So he mounted.

The Prophet said, "Allah says, 'I will be against three persons on the Day of Resurrection: -1. One who makes a covenant in My Name, but he proves treacherous. -2. One who sells a free person (as a slave) and eats the price, -3. And one who employs a laborer and gets the full work done by him but does not pay him his wages.' "

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

A man called Asram was among those who came to the Messenger of Allah (saws). The Messenger of Allah (saws) said: What is your name? He replied: Asram. He said: No, you are Zur'ah.

Hudhaifa reported that Allah's Messenger (may peace be upon him) stood before us one day and he did not leave anything unsaid (that he had to say) at that very spot which would happen (in the shape of turmoil) up to the Last Hour. Those who had to remember them preserved them in their minds and those who could not remember them forgot them. My friends knew them and there are certain things which slip out of my mind, but I recapitulate them when anyone makes a mention of them just as a person is lost from one's mind but is recalled to him on seeing his face.

I was sitting with the Prophet (saws). A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity.

He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah (saws) laughed so much that his canine or molar teeth appeared.

A group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they considered their worship insufficient and said, "Where are we from the Prophet as his past and future sins have been forgiven." Then one of them said, "I will offer the prayer throughout the night forever." The other said, "I will fast throughout the year and will not break my fast." The third said, "I will keep away from the women and will not marry forever." Allah's Apostle came to them and said, "Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my tradition in religion, is not from me (not one of my followers).

[Muslim].

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Allah's Apostle said, "Among the nations before you there used to be people who were inspired (though they were not prophets). And if there is any of such a persons amongst my followers, it is 'Umar."

Narrated Abu Huraira: The Prophet said, "Among the nation of Bani Israel who lived before you, there were men who used to be inspired with guidance though they were not prophets, and if there is any of such persons amongst my followers, it is 'Umar."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

I heard the Messenger of Allah (saws) say: May Allah brighten a man who hears a tradition from us, gets it by heart and passes it on to others. Many a bearer of knowledge conveys it to one who is more versed than he is; and many a bearer of knowledge is not versed in it.

The Prophet (saws) said: No (Muslim) man will desert a man who is a Muslim in a place where his respect may be violated and his honour aspersed without Allah deserting him in a place here he wishes his help; and no (Muslim) man who will help a Muslim in a place where his honour may be aspersed and his respect violated without Allah helping him in a place where he wishes his help.

Yahya said: 'Ubaid Allah b. 'Abd Allah b. 'Umar and 'Uqbah b. Shaddad transmitted it to me.

Abu Dawud said: This yahya b. Sulaim is the son of Zaid, the freed slave of the Prophet (saws), and Isma'il b. Bashir is the freed slave of Banu Maghalah. Sometimes the name of 'Utbah b. Shaddad is mentioned instead of 'Uqbah.

A man came to the Prophet and said, "O Allah's Apostle! I have enlisted in the army for such-andsuch Ghazwa, and my wife is leaving for Hajj." Allah's Apostle said, "Go back and perform Hajj with your wife."

Allah's Apostle sent a group of Ansari men to kill Abu-Rafi`. One of them set out and entered their (i.e. the enemies) fort. That man said, "I hid myself in a stable for their animals. They closed the fort gate. Later they lost a donkey of theirs, so they went out in its search. I, too, went out along with them, pretending to look for it. They found the donkey and entered their fort. And I, too, entered along with them. They closed the gate of the fort at night, and kept its keys in a small window where I could see them. When those people slept, I took the keys and opened the gate of the fort and came upon Abu Rafi` and said, 'O Abu Rafi`. When he replied me, I proceeded towards the voice and hit him. He shouted and I came out to come back, pretending to be a helper. I said, 'O Abu Rafi`, changing the tone of my voice. He asked me, 'What do you want; woe to your mother?' I asked him, 'What has happened to you?' He said, 'I don't know who came to me and hit me.' Then I drove my sword into his belly and pushed it forcibly till it touched the bone. Then I came out, filled with puzzlement and went towards a ladder of theirs in order to get down but I fell down and sprained my foot. I came to my companions and said, 'I will not leave till I hear the wailing of the women.' So, I did not leave till I heard the women bewailing Abu Rafi`, the merchant pf Hijaz. Then I got up, feeling no ailment, (and we proceeded) till we came upon the Prophet and informed him."

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."

When it was the day of Uhud, the people left the Prophet while Abu Talha was in front of the Prophet shielding him with his leather shield. Abu Talha was a skillful archer who used to shoot violently. He broke two or three arrow bows on that day. If a man carrying a quiver full of arrows passed by, the Prophet would say (to him), put (scatter) its contents for Abu Talha." The Prophet would raise his head to look at the enemy, whereupon Abu Talha would say, "Let my father and mother be sacrificed for you ! Do not raise your head, lest an arrow of the enemy should hit you. (Let) my neck (be struck) rather than your neck." I saw `Aisha, the daughter of Abu Bakr, and Um Sulaim rolling up their dresses so that I saw their leg-bangles while they were carrying water skins on their backs and emptying them in the mouths of the (wounded) people. They would return to refill them and again empty them in the mouths of the (wounded) people. The sword fell from Abu Talha's hand twice or thrice (on that day).

My father said, "When Allah's Apostle became seriously ill, he was told about the prayer. He said, 'Tell Abu Bakr to lead the people in the prayer.' `Aisha said, 'Abu Bakr is a softhearted man and he would be overpowered by his weeping if he recited the Qur'an.' He said to them, 'Tell him (Abu Bakr) to lead the prayer. The same reply was given to him. He said again, 'Tell him to lead the prayer. You (women) are the companions of Joseph."

Abu Shuraih said, "When `Amr bin Sa`id was sending the troops to Mecca (to fight `Abdullah bin Az- Zubair) I said to him, 'O chief! Allow me to tell you what the Prophet said on the day following the conquests of Mecca. My ears heard and my heart comprehended, and I saw him with my own eyes, when he said it. He glorified and praised Allah and then said, "Allah and not the people has made Mecca a sanctuary. So anybody who has belief in Allah and the Last Day (i.e. a Muslim) should neither shed blood in it nor cut down its trees. If anybody argues that fighting is allowed in Mecca as Allah's Apostle did fight (in Mecca), tell him that Allah gave permission to His Apostle, but He did not give it to you. The Prophet added: Allah allowed me only for a few hours on that day (of the conquest) and today (now) its sanctity is the same (valid) as it was before. So it is incumbent upon those who are present to convey it (this information) to those who are absent." Abu- Shuraih was asked, "What did `Amr reply?" He said `Amr said, "O Abu Shuraih! I know better than you (in this respect). Mecca does not give protection to one who disobeys (Allah) or runs after committing murder, or theft (and takes refuge in Mecca).