Yahya related to me from Malik that what he preferred of what he had heard from the people of knowledge about a man or woman who vowed to walk to the House of Allah, was that they fulfilled the oath when performing umra, by walking until they had done say between Safa and Marwa. When they had done say it was finished. If they vowed to walk in the hajj, they walked until they came to Makka, then they walked until they had finished all the rites.

Malik said, "Walking is only for hajj or umra."

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.' "

AbulJawza' said: A man who attended the company of the Prophet (saws) narrated to me (it is thought that he was Abdullah ibn Amr): The Prophet (saws) said to me: Come to me tomorrow; I shall give you something, I shall give you something, I shall reward you something, I shall donate something to you. I thought that he would give me some present.

He said (to me when I came to him): When the day declines, stand up and pray four rak'ahs. He then narrated something similar.

This version adds: Do not stand until you glorify Allah ten times, and praise Him ten times, and exalt Him ten times, and say, "There is no god but Allah" ten times. Then you should do that in four rak'ahs. If you are the greatest sinner on earth, you will be forgiven (by Allah) on account of this (prayer).

I asked: If I cannot pray this the appointed hour, (what should I do)? He replied: Pray that by night or by day (at any time).

Abu Dawud said: Habban b. Hilal is the maternal uncle of Hilal al-Ra'i.

Abu Dawud said: This tradition has been narrated by al-Mustamir b. al-Riyyan from Ibn al-Jawza' from 'Abd Allah b. 'Amr without referring to the Prophet (saws), - narrated as a statement of 'Abd Allah b. 'Amr himself (mauquf). This has also been narrated by Rawh b. al-Musayyab, and Ja'far b. Sulaiman from 'Amr b. Malik al-Nakri from Abu al-Jauza' from Ibn 'Abbas as his own statement (and not the statement of the Prophet). But the version of Rawh has the words: "The tradition of the Prophet (saws)."

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Yahya related to me from Malik from Hisham ibn Urwa from Fatima bint al Mundhir that Asma bint Abi Bakr as-Siddiq said, "I went to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, during an eclipse of the sun, and everybody was standing in prayer, and she too was standing praying. I said, 'What is everybody doing?' She pointed towards the sky with her hand and said, 'Glory be to Allah.' I said, 'A sign?' She nodded 'Yes' with her head."

She continued, "I stood until I had almost fainted, and I began to pour water over my head. The Messenger of Allah, may Allah bless him and grant him peace, praised Allah and spoke well of Him, and then said, 'There is nothing which I had previously not seen beforehand that I have not now seen while standing - even the Garden and the Fire. It has been revealed to me that you will be tried in your graves with a trial, like, or near to, the trial of the Dajjal (I do not know which one Asma said). Every one of you will have someone who comes to him and asks him, 'What do you know about this man?' A mumin, or one who has certainty (muqin) (I do not know which one Asma said), will say, 'He is Muhammad, the Messenger of Allah, may Allah bless him and grant him peace, who came to us with clear proofs and guidance, and we answered and believed and followed.' He will then be told, 'Sleep in a good state. We know now that you were a mumin.' A hypocrite, however, or one who has doubts (l do not know which one Asma said), will say, 'I do not know, I heard everybody saying something and I said it.' "

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."

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

Respond three times to your brother when he sneezes, and if he sneezes more often, he has a cold in his head.

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

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.' "

I heard Abu Juhaifa saying, "I asked `Ali 'Have you got any Divine literature apart from the Qur'an?' (Once he said...apart from what the people have?) `Ali replied, 'By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man with and we have what is written in this paper.' I asked, 'What is written in this paper?' He replied, 'Al-`Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever." (See Hadith No. 283,Vol. 4)

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

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.

The Prophet sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet went to him and said, "What have you got, O Thumama?" He replied," I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want property, then ask me whatever wealth you want." He was left till the next day when the Prophet said to him, "What have you got, Thumama? He said, "What I told you, i.e. if you set me free, you would do a favor to one who is grateful." The Prophet left him till the day after, when he said, "What have you got, O Thumama?" He said, "I have got what I told you. "On that the Prophet said, "Release Thumama." So he (i.e. Thumama) went to a garden of date-palm trees near to the Mosque, took a bath and then entered the Mosque and said, "I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad! There was no face on the surface of the earth most disliked by me than yours, but now your face has become the most beloved face to me. By Allah, there was no religion most disliked by me than yours, but now it is the most beloved religion to me. By Allah, there was no town most disliked by me than your town, but now it is the most beloved town to me. Your cavalry arrested me (at the time) when I was intending to perform the `Umra. And now what do you think?" The Prophet gave him good tidings (congratulated him) and ordered him to perform the `Umra. So when he came to Mecca, someone said to him, "You have become a Sabian?" Thumama replied, "No! By Allah, I have embraced Islam with Muhammad, Apostle of Allah. No, by Allah! Not a single grain of wheat will come to you from Yamamah unless the Prophet gives his permission."

AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.

(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.

When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).

When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.

The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.

They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.

When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.

He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.

Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.

He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (saws). Allah bestowed them upon him and gave them him as a special portion.

He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (saws) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (saws) which is in the hands of the descendants of Fatimah (Allah be pleased with her).

Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."

Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."

[Al-Bukhari and Muslim].

"I entered upon 'Umar bin Al-Khattab. (Then) Uthman bin 'Affan, Az-Zubair, 'Abdur-Rahman bin Awf, and Sa'd bin Abi Waqqas entered. Then 'Ali and Al-'Abbas came disputing. 'Umar said to them: ' I ask you, by Allah the One by Whose Will the heavens and the earth are maintained, do you know that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity?" They said: 'Yes.' 'Umar said: 'When the Messenger of Allah (saws) died, Abu Bakr said: "I am the caretaker of the Messenger of Allah (saws)" So you and he went to Abu Bakr and you sought your inheritance from the son of your brother, and he sought the inheritance of his wife from her father. So Abu Bakr said that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity." And Allah knows that he is truthful, innocent, instructing and following the truth.'"

[Abu 'Eisa said:] There is a lengthy story along with the Hadith. And this Hadith is Hasan Sahih Gharib as a narration of Malik bin Anas.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Abdullah ibn al-Arqam used to lead his companions in prayer. The time for prayer came one day and he went to relieve himself. When he returned, he said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If you wish to defecate, you should do so before the prayer.' "

Allah's Apostle said, "No child is born except on Al-Fitra (Islam) and then his parents make him Jewish, Christian or Magian, as an animal produces a perfect young animal: do you see any part of its body amputated?" Then he rec 'The religion of pure Islamic Faith (Hanifa),(i.e. to worship none but Allah), The pure Allah's Islamic nature with which He (Allah) has created mankind. Let There be no change in Allah's religion (i.e. to join none in Allah's worship). That is the straight religion; but most of men know not..." (30.30)

Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, saying, "'Abdullah ibn Abbas said that whatever was haram for some one doing hajj was also haram for some one who sent a sacrificial animal until the animal was sacrificed. I have sent one, so write and tell me what you say about this, or tell the man in charge of the animal what to do.

Amra said that A'isha said, "It is notas Ibn Abbas has said. I once plaited the garlands for the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, with my own two hands. Then after that the Messenger of Allah, may Allah bless him and grant him peace, himself put the garlands on the animal and then sent it with my father. And there was nothing that Allah had made halal forthe Messenger of Allah, may Allah bless him and grant him peace, that was haram for him until such time as the animal had been sacrificed."

I was with Marwan and Abu Huraira and heard Abu Huraira saying, "I heard the trustworthy, truly inspired one (i.e. the Prophet ) saying, 'The destruction of my followers will be brought about by the hands of some youngsters from Quraish." Marwan asked, "Youngsters?" Abu Huraira said, "If you wish, I would name them: They are the children of so-and-so and the children of so-and-so."

(the wife of the Prophet) I asked Allah's Apostle about the plague. He told me that it was a Punishment sent by Allah on whom he wished, and Allah made it a source of mercy for the believers, for if one in the time of an epidemic plague stays in his country patiently hoping for Allah's Reward and believing that nothing will befall him except what Allah has written for him, he will get the reward of a martyr."

The Prophet (saws) said: "When you possess two hundred dirhams and one year passes on them, five dirhams are payable. Nothing is incumbent on you, that is, on gold, till it reaches twenty dinars. When you possess twenty dinars and one year passes on them, half a dinar is payable. Whatever exceeds, that will be reckoned properly."

(The narrator said: I do not remember whether the words "that will be reckoned properly" were uttered by All himself or he attributed them to the Prophet (saws).

No zakat is payable on property till a year passes on it.

But Jarir said: Ibn Wahb (sub-narrator) added to this tradition from the Prophet (saws): "No zakat is payable on property until a year passes away on it."

We poured medicine into the mouth of the Prophet during his ailment. He said, "Don't pour medicine into my mouth." (We thought he said that) out of the aversion a patient usually has for medicines. When he improved and felt better he said, "There is none of you but will be forced to drink medicine, except Al-`Abbas, for he did not witness your deed."

There is none born but is created to his true nature (Islam). It is his parents who make him a Jew or a Christian or a Magian quite as beasts produce their young with their limbs perfect. Do you see anything deficient in them? Then he quoted the Qur'an., The nature made by Allah in which He has created men there is no altering of Allah's creation; that is the right religion" (ar-Rum:30)