Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of ...

Hassan bin Thabit asked the permission of Allah's Apostle to lampoon the pagans (in verse). Allah's Apostle said, "What about my fore-fathers (ancestry)?' Hassan said (to the Prophet) "I will take you out of them as a hair is taken out of dough." Narrated Hisham bin `Urwa that his father said, "I called Hassan with bad names in front of `Aisha." She said, "Don't call him with bad names because he used to defend Allah's Apostle (against the pagans).

Ibn `Abbas said, "When Allah's Apostle was on his deathbed and there were some men in the house, he said, 'Come near, I will write for you something after which you will not go astray.' Some of them ( i.e. his companions) said, 'Allah's Apostle is seriously ill and you have the (Holy) Qur'an. Allah's Book is sufficient for us.' So the people in the house differed and started disputing. Some of them said, 'Give him writing material so that he may write for you something after which you will not go astray.' while the others said the other way round. So when their talk and differences increased, Allah's Apostle said, "Get up." Ibn `Abbas used to say, "No doubt, it was very unfortunate (a great disaster) that Allah's Apostle was prevented from writing for them that writing because of their differences and noise."

A dead man in debt used to be brought to Allah's Apostle who would ask, "Has he left anything to re pay his debts?" If he was informed that he had left something to cover his debts the Prophet would offer the funeral prayer for him; otherwise he would say to the Muslims present there), "Offer the funeral prayer for your friend:"but when Allah helped the Prophet to gain victory (on his expeditions), he said, "I am closer to the Believers than themselves, so. if one of the Believers dies in debt, I will repay it, but if he leaves wealth, it will be for his heirs.

When Allah gave Allah's Apostle what he gave of the properties of the Hawazin tribe as a war booty, the Prophet started giving some men 100 camels each. The Ansar (then) said, "May Allah forgive Allah's Apostles as he gives to Quraish and leaves us although our swords are still dribbling with the blood of Quraish." Allah Apostle was informed of their statement, so he sent for the Ansar and gathered them in a leather tent, and did not call anybody else along with them. When they al I gathered, the Prophet got up and said, "What is this talk being informed to me about you?" The learned men amongst the Ansar said, "O Allah's Apostle! Our chiefs did not say anything, but some people amongst us who are younger in age said. 'May Allah forgive Allah's Apostle as he gives (of the booty) to Quraish and leaves us though our swords are still dribbling with their blood." The Prophet said, "I give to these men who have newly deserted heathenism (and embraced Islam) so as to attract their hearts. Won't you be happy that the people take the wealth while you take the Prophet with you to your homes? By Allah, what you are taking is better than whatever they are taking." They (i.e. the Ansar) said, "O Allah's Apostle! We are satisfied." The Prophet then said to them. "You will find others favored over you greatly, so be patient till you meet Allah and His Apostle and I will be at the Tank then." Anas added: But they did not remain patient.

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub that Abu Said, the mawla of Amir ibn Kuraz told him that the Messenger of Allah, may Allah bless him and grant him peace, called toUbayy ibn Kab while he was praying. When Ubayy had finished his prayer he joined the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah put his hand upon his hand, and he was intending to leave by the door of the mosque, so the Messenger of Allah, may Allah bless him and grant him peace, said, "I hope that you will not leave the mosque until you know a sura whose like Allah has notsentdown in the Tawrah nor in the Injil nor in the Qur'an." Ubayysaid, "I began to slow down my pace in the hope of that. Then I said, 'Messenger of Allah, the sura you promised me!' He said, 'What do you recite when you begin the prayer?' I recited the Fatiha (Sura 1 ) until I came to the end of it, and the Messengerof Allah, may Allah bless him and grant him peace, said, 'It is this sura, and it is the "seven oft-repeated" and the Great Qur'an which I was given.' "

Allah's Apostle sent me along with AzZubair and Al-Miqdad and said, "Proceed till you reach a place called Raudat-Khakh where there is a lady travelling in a howda on a camel. She has a letter. Take the letter from her." So we set out, and our horses ran at full pace till we reached Raudat Khakh, and behold, we saw the lady and said (to her), "Take out the letter!" She said, "I have no letter with me." We said, "Either you take out the letter or we will strip you of your clothes." So she took the letter out of her hair braid. We brought the letter to the Prophet and behold, it was addressed by Hatib bin Abi Balta'a to some pagans at Mecca, informing them of some of the affairs of the Prophet. The Prophet said, "What is this, O Hatib?" Hatib replied, "Do not be hasty with me, O Allah's Apostle! I am an Ansari man and do not belong to them (Quraish infidels) while the emigrants who were with you had their relatives who used to protect their families and properties at Mecca. So, to compensate for not having blood relation with them.' I intended to do them some favor so that they might protect my relatives (at Mecca), and I did not do this out of disbelief or an inclination to desert my religion." The Prophet then said (to his companions), "He (Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop his head off?" The Apostle said, "He is one of those who witnessed (fought in) the Battle of Badr, and what do you know, perhaps Allah looked upon the people of Badr (Badr warriors) and said, 'Do what you want as I have forgiven you.' " (`Amr, a sub-narrator, said,: This Verse was revealed about him (Hatib): 'O you who believe! Take not My enemies and your enemies as friends or protectors.' (60.1) Narrated `Ali: Sufyan was asked whether (the Verse): 'Take not My enemies and your enemies...' was revealed in connection with Hatib. Sufyan replied, "This occurs only in the narration of the people. I memorized the Hadith from `Amr, not overlooking even a single letter thereof, and I do not know of anybody who remembered it by heart other than myself."

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

That he heard `Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet `Umar recited the Tashahhud while Abu Bakr was silent. `Umar said, "I wish that Allah's Apostle had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Apostle He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa`ida but the oath of allegiance taken by the public was taken at the pulpit. I heard `Umar saying to Abu Bakr on that day. "Please ascend the pulpit," and kept on urging him till he ascended the pulpit whereupon, all the people swore allegiance to him.

Yahya related to me from Malik from Ibn Shihab that he said, "Suckling however little or much, makes haram. Kinship by suckling makes men mahram."

Yahya said that he had heard Malik say, "Suckling, however little or much when it is in the first two years, makes haram. As for what is after the first two years, little or much, it does not make anything haram. It is like food."

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery ...

The Prophet said at Mina, "Do you know what day is today?" They (the people) replied, "Allah and His Apostle know better," He said "Today is 10th of Dhul-Hijja, the sacred (forbidden) day. Do you know what town is this town?" They (the people) replied, "Allah and His Apostle know better." He said, "This is the (forbidden) Sacred town (Mecca a sanctuary)." And do you know which month is this month?" They (the People) replied, "Allah and His Apostle know better." He said, ''This is the Sacred (forbidden) month ." He added, "Allah has made your blood, your properties and your honor Sacred to one another (i.e. Muslims) like the sanctity of this day of yours in this month of yours, in this town of yours." (See Hadith No. 797, Vol. 2.)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "When one of you puts his forehead on the ground he should put his palms on the place where he puts his forehead. Then, when he rises, he should raise them, for the hands prostrate just as the face prostrates."

Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, "Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you have anything to give her as a bride-price?" He said, "I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you give it to her you will not have a garment to wear so look for something else." He said, "I have nothing else." He said, "Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes. I know such-and-such a sura and such-and-such a sura," which he named. The Messengerof Allah, may Allah bless him and grant him peace, said to him, "I have married her to you for what you know of the Qur'an."

A man was killed by his camel while we were with the Prophet and he was a Muhrim. So the Prophet said, "Wash him with water and Sidr and shroud him in two pieces of cloth and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be saying 'Labbaik' . "

`Umar sent the Muslims to the great countries to fight the pagans. When Al-Hurmuzan embraced Islam, `Umar said to him. "I would like to consult you regarding these countries which I intend to invade." Al-Hurmuzan said, "Yes, the example of these countries and their inhabitants who are the enemies. of the Muslims, is like a bird with a head, two wings and two legs; If one of its wings got broken, it would get up over its two legs, with one wing and the head; and if the other wing got broken, it would get up with two legs and a head, but if its head got destroyed, then the two legs, two wings and the head would become useless. The head stands for Khosrau, and one wing stands for Caesar and the other wing stands for Faris. So, order the Muslims to go towards Khosrau." So, `Umar sent us (to Khosrau) appointing An-Nu`man bin Muqrin as our commander. When we reached the land of the enemy, the representative of Khosrau came out with forty-thousand warriors, and an interpreter got up saying, "Let one of you talk to me!" Al-Mughira replied, "Ask whatever you wish." The other asked, "Who are you?" Al-Mughira replied, "We are some people from the Arabs; we led a hard, miserable, disastrous life: we used to suck the hides and the date stones from hunger; we used to wear clothes made up of fur of camels and hair of goats, and to worship trees and stones. While we were in this state, the Lord of the Heavens and the Earths, Elevated is His Remembrance and Majestic is His Highness, sent to us from among ourselves a Prophet whose father and mother are known to us. Our Prophet, the Messenger of our Lord, has ordered us to fight you till you worship Allah Alone or give Jizya (i.e. tribute); and our Prophet has informed us that our Lord says:-- "Whoever amongst us is killed (i.e. martyred), shall go to Paradise to lead such a luxurious life as he has never seen, and whoever amongst us remain alive, shall become your master." (Al-Mughira, then blamed An-Nu`man for delaying the attack and) An-Nu' man said to Al-Mughira, "If you had participated in a similar battle, in the company of Allah's Apostle he would not have blamed you for waiting, nor would he have disgraced you. But I accompanied Allah's Apostle in many battles and it was his custom that if he did not fight early by daytime, he would wait till the wind had started blowing and the time for the prayer was due (i.e. after midday).

The Prophet said, "The Israelis used to be ruled and guided by prophets: Whenever a prophet died, another would take over his place. There will be no prophet after me, but there will be Caliphs who will increase in number." The people asked, "O Allah's Apostle! What do you order us (to do)?" He said, "Obey the one who will be given the pledge of allegiance first. Fulfil their (i.e. the Caliphs) rights, for Allah will ask them about (any shortcoming) in ruling those Allah has put under their guardianship."

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

I was among those Naqibs (selected leaders) who gave the Pledge of allegiance to Allah's Apostle. We gave the oath of allegiance, that we would not join partners in worship besides Allah, would not steal, would not commit illegal sexual intercourse, would not kill a life which Allah has forbidden, would not commit robbery, would not disobey (Allah and His Apostle), and if we fulfilled this pledge we would have Paradise, but if we committed any one of these (sins), then our case will be decided by Allah.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would always pay the zakat al-fitr in dates, except once, when he paid it in barley.

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

Only Um Hani narrated to me that she had seen the Prophet offering the Duha prayer. She said, "On the day of the conquest of Mecca, the Prophet entered my house, took a bath and offered eight rak`at (of Duha prayers. I had never seen the Prophet offering such a light prayer but he performed bowing and prostrations perfectly .

The Prophet said, "Delay the (Zuhr) Prayer till it gets cooler, for the severity of heat is from the increase in the heat of Hell (fire).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that the Messenger of Allah, may Allah bless him and grant him peace, forbade travelling with a Qur'an in the land of the enemy. Malik commented, "That is out of fear that the enemy will get hold of it."

The Messenger of Allah (saws) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

A companion of the Prophet (saws) reported him as saying: When two people come together to issue an invitation, accept that of the one whose door is nearer in neighbourhood, but if one of them comes before the other accept the invitation of the one who comes first.