86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which ...

The Messenger of Allah (saws) would not say funeral prayer over a person who died while the debt was due from him. A dead Muslim was brought to him and he asked: Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: Pray yourselves over your companion.

Then AbuQatadah al-Ansari said: I shall pay them, Messenger of Allah. The Messenger of Allah (saws) then prayed over him.

When Allah granted conquests to the Messenger of Allah (saws), he said: I am nearer to every believer than himself, so if anyone (dies and) leaves a debt, I shall be responsible for paying it; and if anyone leaves property, it goes to his heirs.

I came to the Prophet while he was leaning against his sheet cloak in the shade of the Ka`ba. We were suffering greatly from the pagans in those days. i said (to him). "Will you invoke Allah (to help us)?" He sat down with a red face and said, "(A believer among) those who were before you used to be combed with iron combs so that nothing of his flesh or nerves would remain on his bones; yet that would never make him desert his religion. A saw might be put over the parting of his head which would be split into two parts, yet all that would never make him abandon his religion. Allah will surely complete this religion (i.e. Islam) so that a traveler from Sana to Hadra-maut will not be afraid of anybody except Allah." (The sub-narrator, Baiyan added, "Or the wolf, lest it should harm his sheep.")

`Umar delivered a sermon on the pulpit of Allah's Apostle, saying, "Alcoholic drinks were prohibited by Divine Order, and these drinks used to be prepared from five things, i.e., grapes, dates, wheat, barley and honey. Alcoholic drink is that, that disturbs the mind." `Umar added, "I wish Allah's Apostle had not left us before he had given us definite verdicts concerning three matters, i.e., how much a grandfather may inherit (of his grandson), the inheritance of Al-Kalala (the deceased person among whose heirs there is no father or son), and various types of Riba(1 ) (usury) ."

That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (saws) and said: "O Messenger of Allah! Stop him (from making purchases)." So Allah's Prophet (saws) called him to prohibit him, and he said: "O Messenger of Allah! I have no patience for business." So he said: "When you are buying, say: 'Hand to hand, and no cheating.'"

[Abu 'Eisa said:] There is a narration on this topic from Ibn 'Umar.

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

We complained to Allah's Apostle (of the persecution inflicted on us by the infidels) while he was sitting in the shade of the Ka`ba, leaning over his Burd (i.e. covering sheet). We said to him, "Would you seek help for us? Would you pray to Allah for us?" He said, "Among the nations before you a (believing) man would be put in a ditch that was dug for him, and a saw would be put over his head and he would be cut into two pieces; yet that (torture) would not make him give up his religion. His body would be combed with iron combs that would remove his flesh from the bones and nerves, yet that would not make him abandon his religion. By Allah, this religion (i.e. Islam) will prevail till a traveler from Sana (in Yemen) to Hadrarmaut will fear none but Allah, or a wolf as regards his sheep, but you (people) are hasty.

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

One day the Messenger of Allah (saws) entered the mosque. He saw there a man from the Ansar called AbuUmamah.

He said: What is the matter that I am seeing you sitting in the mosque when there is no time of prayer?

He said: I am entangled in cares and debts, Messenger of Allah.

He replied: Shall I not teach you words by which, when you say them, Allah will remove your care, and settle your debt?

He said: Why not, Messenger of Allah?

He said: Say in the morning and evening: "O Allah, I seek refuge in Thee from care and grief, I seek refuge in Thee from incapacity and slackness, I seek refuge in Thee from cowardice and niggardliness, and I seek in Thee from being overcome by debt and being put in subjection by men."

He said: When I did that Allah removed my care and settled my debt.

The Prophet used to teach us the Istikhara for each and every matter as he used to teach us the Suras from the Holy Qur'an. (He used to say), "If anyone of you intends to do something, he should offer a two-rak`at prayer other than the obligatory prayer, and then say: 'Allahumma inni astakhiruka bi'ilmika, wa astaqdiruka biqudratika, wa as'aluka min fadlika-l-'azim, fa innaka taqdiru wala aqdiru, wa ta'lamu wala a'lamu, wa anta'allamu-l-ghuyub. Allahumma in kunta ta'lamu anna hadha-lamra khairun li fi dini wa ma'ashi wa 'aqibati `Amri (or said, fi 'ajili `Amri wa ajilihi) fa-qdurhu li, Wa in kunta ta'lamu anna ha-dha-l-amra sharrun li fi dini wa ma'ashi wa 'aqibati `Amri (or said, fi ajili `Amri wa ajilihi) fasrifhu 'anni was-rifni 'anhu wa aqdur li alkhaira haithu kana, thumma Raddani bihi," Then he should mention his matter (need).

The Prophet (saws) owed me a debt and gave me something extra when he paid it.

`Abdullah bin `Amr bin Haram died and was in debt to others. I asked the Prophet to intercede with his creditors for some reduction in the debts. The Prophet requested them (to reduce the debts) but they refused. The Prophet said to me, "Go and put your dates (In heaps) according to their different kinds. The Ajwa on one side, the cluster of Ibn Zaid on another side, etc.. Then call me." I did that and called the Prophet He came and sat at the head or in the middle of the heaps and ordered me. Measure (the dates) for the people (creditors)." I measured for them till I paid all the debts. My dates remained as it nothing had been taken from them. In other narrations, Jabir said; The Prophet said, "He (i.e. `Abdullah) continued measuring for them till he paid all the debts." The Prophet said (to `Abdullah), "Cut (clusters) for him (i.e. one of the creditors) and measure for him fully."

The Prophet (p.b.u.h) used to teach us the way of doing Istikhara (Istikhara means to ask Allah to guide one to the right sort of action concerning any job or a deed), in all matters as he taught us the Suras of the Qur'an. He said, "If anyone of you thinks of doing any job he should offer a two rak`at prayer other than the compulsory ones and say (after the prayer): -- 'Allahumma inni astakhiruka bi'ilmika, Wa astaqdiruka bi-qudratika, Wa as'alaka min fadlika Al-`azlm Fa-innaka taqdiru Wala aqdiru, Wa ta'lamu Wala a'lamu, Wa anta 'allamu l-ghuyub. Allahumma, in kunta ta'lam anna hadha-lamra Khairun li fi dini wa ma'ashi wa'aqibati `Amri (or 'ajili `Amri wa'ajilihi) Faqdirhu wa yas-sirhu li thumma barik li Fihi, Wa in kunta ta'lamu anna hadha-lamra shar-run li fi dini wa ma'ashi wa'aqibati `Amri (or fi'ajili `Amri wa ajilihi) Fasrifhu anni was-rifni anhu. Waqdir li al-khaira haithu kana Thumma ardini bihi.' (O Allah! I ask guidance from Your knowledge, And Power from Your Might and I ask for Your great blessings. You are capable and I am not. You know and I do not and You know the unseen. O Allah! If You know that this job is good for my religion and my subsistence and in my Hereafter--(or said: If it is better for my present and later needs)--Then You ordain it for me and make it easy for me to get, And then bless me in it, and if You know that this job is harmful to me In my religion and subsistence and in the Hereafter--(or said: If it is worse for my present and later needs)--Then keep it away from me and let me be away from it. And ordain for me whatever is good for me, And make me satisfied with it). The Prophet added that then the person should name (mention) his need.

The Prophet (saws) said: Religion will continue to prevail as long as people hasten to break the fast, because the Jews and the Christians delay doing so.

The Prophet (saws) said: A man follows the religion of his friend; so each one should consider whom he makes his friend.

I never heard the Messenger of Allah (saws) attributing anyone to anything except to religion.