Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab, and from Abu Salama ibn Abd ar-Rahman, the same as that.

Malik said, "Every forgetfulness which decreases from the prayer, prostrations for it come before the greeting, and every forgetfulness which is an addition to the prayer, prostrations for it come after the greeting."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

I asked the Prophet, "What is the best deed?" He replied, "To believe in Allah and to fight for His Cause." I then asked, "What is the best kind of manumission (of slaves)?" He replied, "The manumission of the most expensive slave and the most beloved by his master." I said, "If I cannot afford to do that?" He said, "Help the weak or do good for a person who cannot work for himself." I said, "If I cannot do that?" He said, "Refrain from harming others for this will be regarded as a charitable deed for your own good."

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Muhammad ibn AbuYahya said that his father told that he and his companion went to AbuSa'id al-Khudri to pay a sick visit to him. He said: Then we came out from him and met a companion of ours who wanted to go to him. We went ahead and sat in the mosque. He then came back and told us that he heard AbuSa'id al-Khudri say: The Messenger of Allah (saws) said: Some snakes are jinn; so when anyone sees one of them in his house, he should give it a warning three times. If it return (after that), he should kill it, for it is a devil.

The Prophet (saws) said: When an imam stands up at the end of two rak'ahs , if he remembers before standing straight up, he should sit down, but if he stands straight up, he must not sit down, but perform the two prostrations of forgetfulness.

Abu Dawud said: I have not narrated in this book of mine any hadith from Jabir Al-Ju'fi (one of the narrators) except this one.

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and ...

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, "Her husband is obliged to pay it." Someone asked, "what if her husband does not have it?" He said, "Then she must pay it." Someone asked, "And if she does not have it?" He said, "Then the Amir must pay it."

Yahya related to me from Malik from Afif as-Sahmi that a man from the tribe of Bani Asad asked Abu Ayyub al-Ansari. "Sometimes I pray in my house, and then come to the mosque and find the imam praying. Should I pray with him?" Abu Ayyub said, "Yes, pray with him, for some one who does so has the reward of the group, or the equivalent of the reward of the group."

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

An Ansari man, called Abu Shu'aib, came and told his butcher slave, "Prepare meals sufficient for five persons, for I want to invite the Prophet along with four other persons as I saw signs of hunger on his face." Abu Shu'aib invited them and another person came along with them. The Prophet said (to Abu Shu'aib), This man followed us, so if you allow him, he will join us, and if you want him to return, he will go back." Abu Shu'aib said, "No, I have allowed him (i.e. he, too, is welcomed to the meal).

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

(the slave of Ibn `Abbas) Allah's Apostle said to Mu`adh when he sent him to Yemen, "You will go to the people of the Scripture. So, when you reach there, invite them to testify that none has the right to be worshipped but Allah, and that Muhammad is His Apostle. And if they obey you in that, tell them that Allah has enjoined on them five prayers in each day and night. And if they obey you in that tell them that Allah has made it obligatory on them to pay the Zakat which will be taken from the rich among them and given to the poor among them. If they obey you in that, then avoid taking the best of their possessions, and be afraid of the curse of an oppressed person because there is no screen between his invocation and Allah."

Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

This hadith has been narrated on the authority of Ibn Umar through another chain of transmitters (but with one alteration) that here Allah-o-Akbar is mentioned twice.

"The Messenger of Allah (saws) took hold of the calf of my shin - or his shin - and he said: "This is the place of the Izar, if you must lower it, then the Izar has no right to be on the ankles."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ath-Thawri and Shu'bah reported it from Abu Ishaq.

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 Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

That while he was with a delegation from Quraish to Muawiya, the latter heard the news that `Abdullah bin `Amr bin Al-`As said that there would be a king from the tribe of Qahtan. On that Muawiya became angry, got up and then praised Allah as He deserved, and said, "Now then, I have heard that some men amongst you narrate things which are neither in the Holy Book, nor have been told by Allah's Apostle. Those men are the ignorant amongst you. Beware of such hopes as make the people go astray, for I heard Allah's Apostle saying, 'Authority of ruling will remain with Quraish, and whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of the religion.' "

Ibn `Abbas said, "Preach to the people once a week, and if you won't, then preach them twice, but if you want to preach more, then let it be three times (a week only), and do not make the people fed-up with this Qur'an. If you come to some people who are engaged in a talk, don't start interrupting their talk by preaching, lest you should cause them to be bored. You should rather keep quiet, and if they ask you, then preach to them at the time when they are eager to hear what you say. And avoid the use of rhymed prose in invocation for I noticed that Allah's Apostle and his companions always avoided it."

Allah's Apostle said, "Among the nations before you there used to be people who were inspired (though they were not prophets). And if there is any of such a persons amongst my followers, it is 'Umar."

Narrated Abu Huraira: The Prophet said, "Among the nation of Bani Israel who lived before you, there were men who used to be inspired with guidance though they were not prophets, and if there is any of such persons amongst my followers, it is 'Umar."

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Allah 's Apostle said, "Treat women nicely, for a women is created from a rib, and the most curved portion of the rib is its upper portion, so, if you should try to straighten it, it will break, but if you leave it as it is, it will remain crooked. So treat women nicely."