Yahya related to me from Malik that he had heard more than one of their men of knowledge say, "There has been no call to prayer or iqama for the id al-Fitr or the id al-Adha since the time of the Messenger of Allah, may Allah bless him and grant him peace."

Malik said, "That is the sunna about which there is no disagreement among us."

Allah's Apostle said, "The reward of deeds depends upon the intention and every person will get the reward according to what he has intended. So whoever emigrated for Allah and His Apostle, then his emigration was for Allah and His Apostle. And whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for."

If you wish to know about the ignorance of the Arabs, refer to Surat-al-Anam after Verse No. 130:-- Indeed lost are those who have killed their children From folly without knowledge and have forbidden that which Allah has provided for them, inventing a lie against Allah. They have indeed gone astray and were not guided.' (6.14)

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

Abu Dawud said: This tradition has been narrated by Yunus from Ibn Shihab from some of the children of al-Sa'ib son of Abu Lubabah. A similar tradition has also been transmitted by al-Zabidi from al-Zuhri from Husain b. al-Sa'ib son of Abu Lubabah.

Abu Dawud said: This tradition has been transmitted by Hammad b. Salamah, Zuhair b. Mu'awiyah and a group of narrators from Hisham. They transmitted it as a statement of Abu Hurairah himself (mauquf).

This tradition has also been transmitted by Ibn 'Awn from Muhammad (b. Sirin). This version has the wordings: These two rak'ahs were short.

Abu Dawud said: This tradition has been transmitted by Hammad b. Salamah, from Abu al-Awwam from Abu uthman, from the Prophet (may peace be upon him). He did not mention salman (i.e., the companions).

`Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." `Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him."

Yahya related to me from Malik from Yazid ibn Ziyad that Abdullah ibn Rafi, the mawla of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, asked Abu Hurayra about the time of the prayer. Abu Hurayra said, "Let me tell you. Pray dhuhr when the length of your shadow matches your height, asr when your shadow is twice your height, maghrib when the sun has set, isha in the first third of the night, and subh in the very first light of dawn," i.e. when the dawn has definitely come.

Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa of dates; and the Prophet forbade going to meet the seller on the way (as he has no knowledge of the market price and he may sell his goods at a low price).

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them, he keeps them and if he is displeased with them, he can return them along with a sa of dates."

Malik said, "The explanation of the words of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - 'do not bid against each other,' is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade, and Allah knows best."

Malik said, "There is no harm, however, in more than one person bidding against each other over goods put up for sale."

He said, "Were people to leave off haggling when the first person started haggling, an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us."

A hadith like this has been narrated by Isma'il b. Umayya with the same chain of transmitters, but instead of the word dates, fruit has been used.

This hadith has been narrated by Ghailan b. Jarir with the same chain of transmitters, but with one variation, that there has been made mention of Monday and not of Thursday.

Um Al-`Ala', an Ansari woman who gave the pledge of allegiance to the Prophet said to me, "The emigrants were distributed amongst us by drawing lots and we got in our share `Uthman bin Maz'un. We made him stay with us in our house. Then he suffered from a disease which proved fatal when he died and was given a bath and was shrouded in his clothes, Allah's Apostle came I said, 'May Allah be merciful to you, O Abu As-Sa'ib! I testify that Allah has honored you'. The Prophet said, 'How do you know that Allah has honored him?' I replied, 'O Allah's Apostle! Let my father be sacrificed for you! On whom else shall Allah bestow His honor?' The Prophet said, 'No doubt, death came to him. By Allah, I too wish him good, but by Allah, I do not know what Allah will do with me though I am Allah's Apostle. ' By Allah, I never attested the piety of anyone after that."

Al-Laith also narrated as above.

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

The commencement of (the Divine Inspirations to) Allah's Apostle was in the form of true dreams. The Angel came to him and said, "Read! In the Name of your Lord Who has created all exists), has created man from a clot. Read! And your Lord is Most Generous, Who has taught (the writing) by the pen. (96.1-4)

Abu Dawud said: Similarly, it has been transmitted by Safwan b. ‘Isa, from Ibn ‘Affan, as Sufyan said.

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.

Mu’awiyah said: Rabi’ah b. Yazid narrated this tradition to me from Abu Idris and the authority of ‘Uqbah b.’Amir.

In the year of al-Hudaybiyyah, the Messenger of Allah (saws) included among his sacrificial animals a camel with a silver nose-ring (Ibn Minhal's version has gold) which had belonged to AbuJahl (the version of an-Nufayli added) "thereby enraging the polytheists".

I said: Messenger of Allah, tell me when one of us catches game and has no knife; may he slaughter with a flint and a splinter of stick. He said: Cause the blood to flow with whatever you like and mention Allah's name.

On the day of Uhud we brought the martyrs to bury them (at another place), but the crier of the Prophet (saws) came and said: The Messenger of Allah (saws) has commanded you to bury the martyrs at the place where they fell. So we took them back.

The Prophet said, "Whoever swears saying in his oath. 'By Al-Lat and Al-`Uzza,' should say, 'None has the right to be worshipped but Allah; and whoever says to his friend, 'Come, let me gamble with you,' should give something in charity."

I have given a pledge of allegiance to Allah's Apostle for to testify that None has the right to be worshipped but Allah, and Muhammad is His Apostle, to offer prayers perfectly, to pay Zakat, to listen to and obey (Allah's and His Prophet's orders), and to give good advice to every Muslim.

The Prophet (saws) said: He who has been appointed a judge among the people has been killed without a knife.

The Prophet said, "Whoever has seen me in a dream, then no doubt, he has seen me, for Satan cannot imitate my shape.

Yahya said that Malik said, "The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five, is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock, he still only has to pay zakat according to what the zakat collector (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed.

We went out with the Messenger of Allah (saws) on a journey, and we had on our saddles and camels garments consisting of red warp of wool. The Messenger of Allah (saws) said: Do I not see that red colour has dominated you. We then got up quickly on account of this saying of the Messenger of Allah (saws) and some of our camels ran away. We then took the garments and withdrew them.