Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."

Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."

He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

Buraidah reported the Apostle of Allaah(saws) as saying “Respect to be shown by those who stay at home to the women of those who are engaged in jihad is t be like that shown to their mothers. If any man among those who stay at home is entrusted with the oversight of one’s family who is engaged in jihad and betrays him, he will be setup for him on the Day of Resurrection and he (the mujahid) will be told “This (man) was entrusted with the oversight of your family, so take what you want from his good deeds. The Apostle of Allaah(saws) turned towards us and said “So what do you think.”

Abu Dawud said “Qa’nab (a narrator of this tradition) was a pious man. Ibn Abi Laila intended to appoint him a judge, but he refused and said “If I intend to fulfill my need of a dirham, I seek the help of a person for it. He said “Which of us does not seek the help in his need? He said “Bring me out so that I may see. So he was brought out, and he concealed himself. Sufyan said “While he was concealing himself.” Sufyan said “While he was concealing himself the house suddenly fell on him and he died.”

We came out for performing hajj along with the Messenger of Allah (saws). When we reached al-Araj, the Messenger of Allah (saws) alighted and we also alighted. Aisha sat beside the Messenger of Allah (saws) and I sat beside my father (AbuBakr). The equipment and personal effects of AbuBakr and of the Messenger of Allah (saws) were placed with AbuBakr's slave on a camel. AbuBakr was sitting and waiting for his arrival. He arrived but he had no camel with him. He asked:

Where is your camel? He replied: I lost it last night. AbuBakr said: There was only one camel, even that you have lost. He then began to beat him while the Messenger of Allah (saws) was smiling and saying: Look at this man who is in the sacred state (putting on ihram), what is he doing?

Ibn AbuRizmah said: The Messenger of Allah (saws) spoke nothing except the words: Look at this man who is in the sacred state (wearing ihram), what is he doing? He was smiling (when he uttered these words).

The Prophet appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "This is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, "What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!" The Prophet then raised both his hands till we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed Allah's Message?" And he repeated it three times.

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "

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."

Aisha said, "I went to Abu Bakr (during his fatal illness) and he asked me, 'In how many garments was the Prophet shrouded?' She replied, 'In three Suhuliya pieces of white cloth of cotton, and there was neither a shirt nor a turban among them.' Abu Bakr further asked her, 'On which day did the Prophet die?' She replied, 'He died on Monday.' He asked, 'What is today?' She replied, 'Today is Monday.' He added, 'I hope I shall die sometime between this morning and tonight.' Then he looked at a garment that he was wearing during his illness and it had some stains of saffron. Then he said, 'Wash this garment of mine and add two more garments and shroud me in them.' I said, 'This is worn out.' He said, 'A living person has more right to wear new clothes than a dead one; the shroud is only for the body's pus.' He did not die till it was the night of Tuesday and was buried before the morning."

Abdu Khayr said: Ali came upon us and he had already offered prayer. He called for water. We asked: What will you do with water when you have already offered prayer? - Perhaps to teach us. A utensil containing water and a wash-basin were brought (to him).

He poured water from the utensil on his right hand and washed both his hands three times, rinsed the mouth, snuffed up water and cleansed the nose three times. He then rinsed the mouth and snuffed up water with the same hand by which he took water. He then washed his face three times, and washed his right hand three times and washed his left hand three times. He then put his hand in water and wiped his head once.

He then washed his right foot thrice and left foot thrice, then said: If one is pleased to know the method of performing ablution of the Messenger of Allah, this is how he did it.

AbuMisbah al-Muqra'i said: We used to sit in the company of AbuZuhayr an-Numayri. He was a companion of the Prophet (saws), and he used to narrate good traditions. Once a man from among us made a supplication. He said: End it with the utterance of Amin, for Amin is like a seal on the book.

AbuZuhayr said: I shall tell you about that. We went out with the Messenger of Allah (saws) one night and came upon a man who made supplication with persistence. The Prophet (saws) waited to hear him. The Prophet (saws) said: He will have done something which guarantees (Paradise for him) if he puts a seal to it. One of the people asked: What should he use as a seal? He replied: Amin, for if he ends it with Amin, he will do something which guarantees (Paradise for him).

Then the man who questioned the Prophet (saws) came to the man who was supplicating, and said to him: So-and-so, end it with Amin and receive the good news. These are the words of Mahmud.

Abu Dawud said: Al-Muqra'i is a clan of Himyar.

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

The Messenger of Allah (saws) came to Fatimah and found a curtain hanging at her door, so he did not enter. Whenever he entered (the house), he would visit her first. Then Ali came and found that Fatimah was grieved.

He asked: What is the matter with you? She replied: The Messenger of Allah (saws) came to me but did not enter (the house).

Ali then came to him and said: Messenger of Allah, Fatimah felt it keenly that you came to visit her but did not go in. He replied: What have I to do with this world? What have I to do with prints and figures (on the curtain)? He (Ali) then went to Fatimah and informed her of what the Messenger of Allah (saws) had said.

She said: Ask the Messenger of Allah (saws) what he me to do about it.

He (the Prophet) said: Tell her that she must send it to so-and-so.

Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, gave hospitality to a kafir guest. The Messenger of Allah, may Allah bless him and grant him peace, ordered a sheep to be brought for him and it was milked. He drank its milk. Then another came, and he drank it. Then another came and he drank it until he had drunk the milk of seven sheep. In the morning he became muslim, and the Messenger of Allah, may Allah bless him and grant him peace, ordered a sheep for him. It was milked and he drank its milk. Then he ordered another for him and he could not finish it. The Messenger of Allah, may Allah bless him and grant him peace, said, "The mumin drinks in one intestine, and the kafir drinks in seven intestines."

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."

`Abdullah bin Abu `Aufa said: "Allah's Apostle performed `Umra and we too performed `Umra along with him. When he entered Mecca he performed the Tawaf (of Ka`ba) and we too performed it along with him, and then he came to the As-Safa and Al-Marwa (i.e. performed the Sai) and we also came to them along with him. We were shielding him from the people of Mecca lest they may hit him with an arrow." A friend of his asked him (i.e. `Abdullah bin `Aufa), "Did the Prophet enter the Ka`ba (during that `Umra)?" He replied in the negative. Then he said, "What did he (the Prophet ) say about Khadija?" He (Abdullah bin `Aufa) said, "(He said) 'Give Khadija the good tidings that she will have a palace made of Qasab in Paradise and there will be neither noise nor any trouble in it."

"When the Prophet (saws) drank, he would breathe two times."

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except as a narration of Rishdin bin Kuraib.

He said: I asked [Abu Muhammad] 'Abdullah bin 'Abdur-Rahman about Rishdin bin Kuraib: "Is he stronger (in narration), or Muhammad bin Kuraib?" He said: "Neither are better to me. Rishdin bin Kuraib is preferred over them to me." He said: I asked Muhammad bin Isma'il about this, so he said: "Muhammad bin Kuraib is preferred over Rishdin bin Kuraib." To me, the correct view is what Abu Muhammad 'Abdullah bin 'Abdur-Rahman said: Rishdin bin Kuraib is more preferred and he is elder. He lived to see Ibn 'Abbas, and they are brothers, and they both have Munkar narrations in their reports."

That the Prophet (saws) said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge followed this Hadith, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an equivalent to what the other took of his.

Some of the people of knowledge among the Tabi'in allowed that. This is the view of Sufyan Ath-Thawri, he said: "If one man has some Dirham that belong to another, and the second has some Dinar belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."

`Aisha said, "Allah's Apostle in his fatal illness, used to ask, 'Where will I be tomorrow? Where will I be tomorrow?", seeking `Aisha's turn. His wives allowed him to stay wherever he wished. So he stayed at `Aisha's house till he expired while he was with her." `Aisha added, "The Prophet expired on the day of my turn in my house and he was taken unto Allah while his head was against my chest and his saliva mixed with my saliva." `Aisha added, "Abdur-Rahman bin Abu Bakr came in, carrying a Siwak he was cleaning his teeth with. Allah's Apostle looked at it and I said to him, 'O `AbdurRahman! Give me this Siwak.' So he gave it to me and I cut it, chewed it (it's end) and gave it to Allah's Apostle who cleaned his teeth with it while he was resting against my chest."

I said to the Messenger of Allah: I have a place in the desert where I live and in which I pray, with the praise of Allah; but give me command about a night when I come to this mosque.

He replied: Come on the twenty third night.

I (a sub-narrator, Muhammad ibn Ibrahim) said to his (Abdullah ibn Unays's) son: How would your father act?

He replied: He used to enter the mosque when he had offered the afternoon prayer, and did not leave it for any purpose till he prayed the morning prayer. Then when he had prayed the morning prayer, he found his riding beast at the door of the mosque, mounted it and got back to his desert.

Salih ibn Muhammad ibn Za'idah (AbuDawud said: This Salih is AbuWaqid) said: We entered the Byzantine territory with Maslamah. A man who had been dishonest about booty was brought.

He (Maslamah) asked Salim about him. He said: I heard my father narrating from Umar ibn al-Khattab from the Prophet (saws). He said: When you find a man who has been dishonest about booty, burn his property, and beat him. He beat him. He said: We found in his property a copy of the Qur'an. He again asked Salim about it. He said: Sell it and give its price in charity.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

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."

The Prophet said, "Allah says: 'I am just as My slave thinks I am, (i.e. I am able to do for him what he thinks I can do for him) and I am with him if He remembers Me. If he remembers Me in himself, I too, remember him in Myself; and if he remembers Me in a group of people, I remember him in a group that is better than they; and if he comes one span nearer to Me, I go one cubit nearer to him; and if he comes one cubit nearer to Me, I go a distance of two outstretched arms nearer to him; and if he comes to Me walking, I go to him running.' "

Yahya related to me from Malik from Muslim ibn Abi Maryam that AIi ibn Abd ar-Rahman al-Muawi said, "Abdullah ibn Umar saw me playing with some small pebbles in the prayer. When I finished he forbade me, saying, 'Do as the Messenger of Allah, may Allah bless him and grant him peace, did.' I said, 'What did the Messenger of Allah, may Allah bless him and grant him peace, do?' He said, 'When he sat in the prayer, he placed his right hand on his right thigh and he closed his fist and pointed his index finger, and he placed his left hand on his left thigh. That is what he used to do.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr that a man from the Ansar was praying in a garden of his in Quff, one of the valleys of Madina, during the date season and the palms' branches were weighed down with fruit on all sides. He looked at them and what he saw of their fruits amazed him. Then he went back to his prayer and he did not know how much he had prayed. He said, "A trial has befallen me in this property of mine." So he went toUthman ibn Affan, who was the khalifa at the time, and mentioned it to him and said, "It is sadaqa, so give it away in the paths of good." Uthman ibn Affan sold it for fifty thousand and so that property became known as the Fifty.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al Musayyab being asked about making up days missed in Ramadan, and Said said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about some one who made up the days he had missed in Ramadan separately, that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable, if he did them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan or during any other obligatory fast that he must do, has to fast another day in its place."

Ziyad related to me from Malik from Ibn Shihab from Amra bint Abd ar-Rahman from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf, and when he went off to the place where he wanted to do itikaf he found some tents there, which were A'isha's tent, Hafsa's tent, and Zaynab's tent. When he saw them he asked about them and someone told him that they were the tents of A'isha, Hafsa and Zaynab. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you think them devout?" Then he left, and did not do itikaf until Shawwal, when he then did it for ten days.

Malik was asked about whether a man could stand at Arafa, or at Muzdalifa, or stone the Jamras, or do say between Safa and Marwa if he was not in wudu, and he said, "Every practice in the hajj that a menstruating woman can take part in can be taken part in by a man who is not in wudu and there is nothing due from him for that. However, it is better for him to be in wudu for all those things, and he should not make a general practice of it."

Malik was asked whether a man who was riding should get down to do the standing at Arafa or if he could stand while mounted, and he said, "He can stand while mounted, unless he or his riding beast have an illness, in which case Allah is the one who most often accepts an excuse."

(the wife of the Prophet) On the day when the sun Khasafat (eclipsed) Allah's Apostle prayed; he stood up and said Takbir and recited a prolonged recitation, then he performed a prolonged bowing, then he raised his head and said, "Sami`a l-lahu Lyman Hamidah," and then remained standing and recited a prolonged recitation which was shorter than the first. Then he performed a prolonged bowing which was shorter than the first. Then he prostrated and prolonged the prostration and he did the same in the second rak`a as in the first and then finished the prayer with Taslim. By that time the sun (eclipse) had cleared He addressed the people and said, "The sun and the moon are two of the signs of Allah; they do not eclipse (Yakhsifan) because of the death or the life (i.e. birth) of someone. So when you see them make haste for the prayer."

Salim told me, "`Abdullah bin `Umar said, 'I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the `Isha prayer whenever he was in a hurry during the journey.' " Salim said, "Abdullah bin `Umar used to do the same whenever he was in a hurry during the journey. After making the call for Iqama, for the Maghrib prayer he used to offer three rak`at and then perform Taslim. After waiting for a short while, he would pronounce the Iqama for the `Isha' prayer and offer two rak`at and perform Taslim. He never prayed any Nawafil in between the two prayers or after the `Isha' prayers till he got up in the middle of the night (for Tahajjud prayer)."

Abu Dawud said: Similarly, this tradition has been narrated by Ibn Wahb from Malik, Hafs b. Maisarah, Dawud b. Qais and Hisham b. Sa'd. But Hisham projected it to Abu Sa'id al-Khudri.