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."

The Prophet used to say, "O Allah! I seek refuge with You from worry and grief, from incapacity and laziness, from cowardice and miserliness, from being heavily in debt and from being overpowered by (other) men." (See Hadith No. 374)

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

The Prophet used to seek refuge with Allah (by saying), "O Allah! I seek refuge with You from the affliction of the Fire and from the punishment in the Fire, and seek refuge with You from the affliction of the grave, and I seek refuge with You from the affliction of wealth, and I seek refuge with You from the affliction of poverty, and seek refuge with You from the affliction of Al-Masih Ad-Dajjal."

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Aban ibn Uthman said: I heard Uthman ibn Affan (his father) say: I heard the Messenger of Allah (saws) say: If anyone says three times: "In the name of Allah, when Whose name is mentioned nothing on Earth or in Heaven can cause harm, and He is the Hearer, the Knower" he will not suffer sudden affliction till the morning, and if anyone says this in the morning, he will not suffer sudden affliction till the evening.

Aban was afflicted by some paralysis and when a man who heard the tradition began to look at him, he said to him: Why are you looking at me? I swear by Allah, I did not tell a lie about Uthman, nor did Uthman tell a lie about the Prophet (saws), but that day when I was afflicted by it, I became angry and forgot to say them.

Yahya said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."

The Prophet used to say, "O Allah! I seek refuge with You from laziness from geriatric old age, from being in debt, and from committing sins. O Allah! I seek refuge with You from the punishment of the Fire, the afflictions of the grave, the punishment in the grave, and the evil of the affliction of poverty and from the evil of the affliction caused by Al-Masih Ad-Dajjal. O Allah! Wash away my sins with the water of snow and hail, and cleanse my heart from the sins as a white garment is cleansed of filth, and let there be a far away distance between me and my sins as You have set far away the East and the West from each other."

Seek refuge with Allah by saying the words which the Prophet used to say while seeking refuge with Allah, "0 Allah! I seek refuge with You from cowardice, and seek refuge with You from miserliness, and seek refuge with You from reaching a degraded geriatric old age, and seek refuge with You from the afflictions of the world and from the punishment in the grave."

Allah's Apostle used to invoke thus: "O Allah! I seek refuge with You from miserliness, laziness; from old geriatric age the punishment in the grave; from the affliction of Ad-Dajjal; and from the afflictions of life and death.

I heard Allah's Apostle saying, "Anybody who spends a pair of something in Allah's Cause will be called from all the gates of Paradise, "O Allah's slave! This is good.' He who is amongst those who pray will be called from the gate of the prayer (in Paradise) and he who is from the people of Jihad will be called from the gate of Jihad, and he who is from those' who give in charity (i.e. Zakat) will be called from the gate of charity, and he who is amongst those who observe fast will be called from the gate of fasting, the gate of Raiyan." Abu Bakr said, "He who is called from all those gates will need nothing," He added, "Will anyone be called from all those gates, O Allah's Apostle?" He said, "Yes, and I hope you will be among those, O Abu Bakr."

In the year of the conquest of Mecca, the Prophet entered Mecca from Kada' and left Mecca from Kuda, from the higher part of Mecca.

The Prophet used to teach us these words as he used to teach us the Book (Qur'an): "O Allah! seek refuge with You from miserliness, and seek refuge with You from cowardice, and seek refuge with You from being brought back to (senile) geriatric old age, and seek refuge with You from the affliction of the world and from the punishment in the Hereafter."

Allah's Prophet used to say, "O Allah! I seek refuge with You from incapacity and laziness, from cowardice and geriatric old age, and seek refuge with You from the punishment of the grave, and I seek refuge with You from the afflictions of life and death."

Allah's Apostle used to seek refuge with Allah saying, "O Allah! I seek refuge with You from laziness, and seek refuge with You from cowardice, and seek refuge with You from geriatric old age, and seek refuge with You from miserliness."

Allah's Apostle entered Mecca from Kada' from the highest Thaniya which is at Al-Batha' and used to leave Mecca from the low Thaniya.

The Prophet used to say, 'O Allah! I seek refuge with You from the affliction of the Fire, the punishment of the Fire, the affliction of the grave, the punishment of the grave, and the evil of the affliction of poverty. O Allah! I seek refuge with You from the evil of the affliction of Al-Masih Ad- Dajjal, O Allah! Cleanse my heart with the water of snow and hail, and cleanse my heart from all sins as a white garment is cleansed from filth, and let there be a far away distance between me and my sins as You made the East and West far away from each other. O Allah! I seek refuge with You from laziness, sins, and from being in debt."

Sa`d used to recommend five (statements) and mentioned that the Prophet I used to recommend it. (It was) "O Allah! I seek refuge with You from miserliness; and seek refuge with You from cowardice; and seek refuge with You from being sent back to geriatric old age; and I seek refuge with You from the affliction of this world (i.e., the affliction of Ad-Dajjal etc.); and seek refuge with You from the punishment of the grave."

Sa`d bin Abi Waqqas used to recommend these five (statements) and say that the Prophet said so (and they are): "O Allah! I seek refuge with You from miserliness, and seek refuge with You from cowardice, and seek refuge with You from being brought back to geriatric old age, and seek refuge with You from the afflictions of the world, and seek refuge with You from the punishment of the grave."

The Prophet said, "Take refuge with Allah from the difficulties of severe calamities, from having an evil end and a bad fate and from the malicious joy of your enemies."

That the latter said, "Who has change?" Talha said, "I (will have change) when our storekeeper comes from the forest." Malik bin Aus narrated from `Umar bin Al-Khattab: Allah's Apostle said, "The bartering of gold for gold is Riba (usury), except if it is from hand to hand and equal in amount, and wheat grain for wheat grain is usury except if it is form hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount, and barley for barley is usury except if it is from hand to hand and equal in amount."

When Allah revealed the Verse: "Warn your nearest kinsmen," Allah's Apostle got up and said, "O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah's Punishment; O Bani `Abd Manaf! I cannot save you from Allah's Punishment, O Safiya, the Aunt of Allah's Apostle! I cannot save you from Allah's Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah's Punishment."

`Abdullah bin `Umar said, "Allah's Apostle said, 'The people of Medina should assume lhram from Dhul-Hulaifa; the people of Sham from Al-Juhfa; and the people of Najd from Qarn." And `Abdullah added, "I was informed that Allah's Apostle had said, 'The people of Yemen should assume Ihram from Yalamlam.' "

Allah's Apostle used to seek refuge with Allah from the difficult moment of a calamity and from being overtaken by destruction and from being destined to an evil end, and from the malicious joy of enemies. Sufyan said, "This narration contained three items only, but I added one. I do not know which one that was."

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

that Malik bin Aus said, "I was in need of change for one-hundred Dinars. Talha bin 'Ubaidullah called me and we discussed the matter, and he agreed to change (my Dinars). He took the gold pieces in his hands and fidgeted with them, and then said, "Wait till my storekeeper comes from the forest." `Umar was listening to that and said, "By Allah! You should not separate from Talha till you get the money from him, for Allah's Apostle said, 'The selling of gold for gold is Riba (usury) except if the exchange is from hand to hand and equal in amount, and similarly, the selling of wheat for wheat is Riba (usury) unless it is from hand to hand and equal in amount, and the selling of barley for barley is usury unless it is from hand to hand and equal in amount, and dates for dates, is usury unless it is from hand to hand and equal in amount"

Allah's Apostle used to send the Hadi from Medina and I used to twist the garlands for his Hadi and he did not keep away from any of these things which a Muhrim keeps away from.

Sa`d used to teach his sons the following words as a teacher teaches his students the skill of writing and used to say that Allah's Apostle used to seek Refuge with Allah from them (i.e. the evils) at the end of every prayer. The words are: 'O Allah! I seek refuge with You from cowardice, and seek refuge with You from being brought back to a bad stage of old life and seek refuge with You from the afflictions of the world, and seek refuge with You from the punishments in the grave.'

The Prophet stood up and delivered a sermon, and pointing to `Aisha's house (i.e. eastwards), he said thrice, "Affliction (will appear from) here," and, "from where the side of the Satan's head comes out (i.e. from the East).

Allah's Apostle said, "Whoever gives two kinds (of things or property) in charity for Allah's Cause, will be called from the gates of Paradise and will be addressed, 'O slaves of Allah! Here is prosperity.' So, whoever was amongst the people who used to offer their prayers, will be called from the gate of the prayer; and whoever was amongst the people who used to participate in Jihad, will be called from the gate of Jihad; and whoever was amongst those who used to observe fasts, will be called from the gate of Ar-Raiyan; whoever was amongst those who used to give in charity, will be called from the gate of charity." Abu Bakr said, "Let my parents be sacrificed for you, O Allah's Apostle! No distress or need will befall him who will be called from those gates. Will there be any one who will be called from all these gates?" The Prophet replied, "Yes, and I hope you will be one of them."

There was a man from the Ansar (who was a friend of mine). If he was not present in the company of Allah's Apostle I used to be present with Allah's Apostle, I would tell him what I used to hear from Allah's Apostle, and when I was absent from Allah's Apostle he used to be present with him, and he would tell me what he used to hear from Allah's Apostle .

`Abdullah, did the Rami from the middle of the valley. So, I said, "O, Abu `Abdur-Rahman! Some people do the Rami (of the Jamra) from above it (i.e. from the top of the valley)." He said, "By Him except whom none has the right to be worshipped, this is the place from where the one on whom Surat-al-Baqara was revealed (i.e. Allah's Apostle) did the Rami."

As regards the following Qur'anic Verse:-- "When they came on you from above and from below you (from east and west of the valley) and when the eyes grew wild and the hearts reached up to the throats....." (33.10) That happened on the day of Al-Khandaq (i.e. Trench).

`Abdullah bin `Umar said, "The Prophet said, 'Fever is from the heat of Hell, so put it out (cool it) with water.' " Nafi` added: `Abdullah used to say, "O Allah! Relieve us from the punishment," (when he suffered from fever).

The Prophet said, "A true good dream is from Allah, and a bad dream is from Satan."

The Prophet used to say, "O Allah! I seek refuge with You from helplessness, laziness, cowardice and feeble old age; I seek refuge with You from afflictions of life and death and seek refuge with You from the punishment in the grave."