Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Ya'la ibn Mumallak said that he asked Umm Salamah about the recitation and prayer of the Messenger of Allah (saws).

She said: What have you to do with his prayer? He would pray, then sleep as long as he had prayed, till morning. She then described his recitation and did so with an exposition word by word.

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in ...

The Prophet stood up among us and addressed (saying) "You will be gathered, barefooted, naked, and uncircumcised (as Allah says): 'As We began the first creation, We shall repeat it..' (21.104) And the first human being to be dressed on the Day of Resurrection will be (the Prophet) Abraham Al-Khalil. Then will be brought some men of my followers who will be taken towards the left (i.e., to the Fire), and I will say: 'O Lord! My companions whereupon Allah will say: You do not know what they did after you left them. I will then say as the pious slave, Jesus said, And I was witness over them while I dwelt amongst them..........(up to) ...the All-Wise.' (5.117-118). The narrator added: Then it will be said that those people (relegated from Islam, that is) kept on turning on their heels (deserted Islam).

AbulMalih said: Some women of Syria came to Aisha. She asked them: From whom are you? They replied: From the people of Syria. She said: Perhaps you belong to the place where women enter hot baths (for washing ). The said: Yes. She said: I heard the Messenger of Allah (saws) say: If a woman puts off her clothes in a place other than her house, she tears the veil between her and Allah, the Exalted.

Abu Dawud said: This is the tradition narrated by Jarir, and it is more perfect. Jarir did not mention Abu al-Malih. He said (on the authority of 'A'ishah) that the Messenger of Allah (saws) said.

Abu Musa asked permission to enter upon `Umar, but seeing that he was busy, he went away. `Umar then said, "Didn't I hear the voice of `Abdullah bin Qais? Allow him to come in." He was called in and `Umar said to him, "What made you do what you did." He replied, "We have been instructed thus by the Prophet" `Umar said, "Bring proof (witness) for this, other wise I will do so-and-so to you." Then `Abdullah bin Qais went to a gathering of the Ansar who then said, "None but the youngest of us will give the witness for it." So Abu Sa`id Al-Khudri got up and said, "We used to be instructed thus (by the Prophet)." `Umar said, "This tradition of the Prophet remained hidden from me. Business in the market kept me busy."

`Amr bin Taghlib said, "Some property was given to the Prophet and he gave it to some people and withheld it from some others. Then he came to know that they (the latter) were dissatisfied. So the Prophet said, 'I give to one man and leave (do not give) another, and the one to whom I do not give is dearer to me than the one to whom I give. I give to some people because of the impatience and discontent present in their hearts, and leave other people because of the content and goodness Allah has bestowed on them, and one of them is `Amr bin Taghlib." `Amr bin Taghlib said, "The sentence which Allah's Apostle said in my favor is dearer to me than the possession of nice red camels."

When Allah favored His Apostle with the properties of Hawazin tribe as Fai (booty), he started giving to some Quarries men even up to one-hundred camels each, whereupon some Ansari men said about Allah's Apostle, "May Allah forgive His Apostle! He is giving to (men of) Quraish and leaves us, in spite of the fact that our swords are still dropping blood (of the infidels)" When Allah's Apostle was informed of what they had said, he called the Ansar and gathered them in a leather tent and did not call anybody else along, with them. When they gathered, Allah's Apostle came to them and said, "What is the statement which, I have been informed, and that which you have said?" The learned ones among them replied," O Allah's Apostle! The wise ones amongst us did not say anything, but the youngsters amongst us said, 'May Allah forgive His Apostle; he gives the Quarish and leaves the Ansar, in spite of the fact that our swords are still dribbling (wet) with the blood of the infidels.' " Allah's Apostle replied, I give to such people as are still close to the period of Infidelity (i.e. they have recently embraced Islam and Faith is still weak in their hearts). Won't you be pleased to see people go with fortune, while you return with Allah's Apostle to your houses? By Allah, what you will return with, is better than what they are returning with." The Ansar replied, "Yes, O Allah's Apostle, we are satisfied' Then the Prophet said to them." You will find after me, others being preferred to you. Then be patient till you meet Allah and meet His Apostle at Al-Kauthar (i.e. a fount in Paradise)." (Anas added:) But we did not remain patient.

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in ...

The Prophet, said, "Allah said, 'I have prepared for My pious worshipers such things as no eye has ever seen, no ear has ever heard of, and nobody has ever thought of. All that is reserved, besides which, all that you have seen, is nothing." Then he recited:-- 'No soul knows what is kept hidden (in reserve) for them of joy as a reward for what they used to do.' (32.17)

Someone said to Usama, "Will you not talk to this (Uthman)?" Usama said, "I talked to him (secretly) without being the first man to open an evil door. I will never tell a ruler who rules over two men or more that he is good after I heard Allah's Apostle saying, 'A man will be brought and put in Hell (Fire) and he will circumambulate (go around and round) in Hell (Fire) like a donkey of a (flour) grinding mill, and all the people of Hell (Fire) will gather around him and will say to him, O so-and-so! Didn't you use to order others for good and forbid them from evil?' That man will say, 'I used to order others to do good but I myself never used to do it, and I used to forbid others from evil while I myself used to do evil.' "

Once a meal was brought to `Abdur-Rahman bin `Auf and he was fasting. He said, "Mustab bin `Umar was martyred and he was better than I and was shrouded in his Burd and when his head was covered with it, his legs became bare, and when his legs were covered his head got uncovered. Hamza was martyred and was better than I. Now the worldly wealth have been bestowed upon us (or said a similar thing). No doubt, I fear that the rewards of my deeds might have been given earlier in this world." Then he started weeping and left his food.

Yahya related to me from Malik that Yahya ibn Said said, "The Messenger of Allah, may Allah bless him and grant him peace, was sitting by a grave which was being dug at Madina. A man looked into the grave and said, 'An awful bed for the mumin. 'The Messenger of Allah, may Allah blesshim and grant him peace, said, 'Evil? What you have said is absolutely wrong.'

The man said, 'I didn't mean that, Messenger of Allah. I meant being killed in the way of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Being killed in the way of Allah has no like! There is no place on the earth which I would prefer my grave to be than here (meaning Madina). He repeated it three times.' "

When this verse was revealed: "And those who hoard gold and silver," the Muslims were grieved about it. Umar said: I shall dispel your care. He, therefore, went and said: Prophet of Allah, your Companions were grieved by this verse. The Messenger of Allah (saws) said: Allah has made zakat obligatory simply to purify your remaining property, and He made inheritances obligatory that they might come to those who survive you. Umar then said: Allah is most great. He then said to him: Let me inform you about the best a man hoards; it is a virtuous woman who pleases him when he looks at her, obeys him when he gives her a command, and guards his interests when he is away from her.

Ibn `Abbas said, "Why do you ask the people of the scripture about anything while your Book (Qur'an) which has been revealed to Allah's Apostle is newer and the latest? You read it pure, undistorted and unchanged, and Allah has told you that the people of the scripture (Jews and Christians) changed their scripture and distorted it, and wrote the scripture with their own hands and said, 'It is from Allah,' to sell it for a little gain. Does not the knowledge which has come to you prevent you from asking them about anything? No, by Allah, we have never seen any man from them asking you regarding what has been revealed to you!"

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."

The Prophet said, "My example and the example of what I have been sent with is that of a man who came to some people and said, 'O people! I have seen the enemy's army with my own eyes, and I am the naked warner; so protect yourselves!' Then a group of his people obeyed him and fled at night proceeding stealthily till they were safe, while another group of them disbelieved him and stayed at their places till morning when the army came upon them, and killed and ruined them completely So this is the example of that person who obeys me and follows what I have brought (the Qur'an and the Sunna), and the example of the one who disobeys me and disbelieves the truth I have brought."

I came to the Prophet and said, "O Allah's Apostle! We are living in the land of the people of the Scripture, and we take our meals in their utensils, and there is game in that land and I hunt with my bow and with my trained hound and with my untrained hound." The Prophet said, "As for your saying that you are in the land of people of the Scripture, you should not eat in their utensils unless you find no alternative, in which case you must wash the utensils and then eat in them As for your saying that you are in the land of game, if you hunt something with your bow, mention Allah's Name (while hunting the game) and eat; and if you hunt something with your trained hound, mention Allah's Name on sending and eat; and if you hunt something with your untrained hound and get it alive, slaughter it and you can eat of it."

I saw Abu Sa`id and asked him about coitus interruptus. Abu Sa`id said, "We went with Allah's Apostle, in the Ghazwa of Bani Al-Mustaliq and we captured some of the 'Arabs as captives, and the long separation from our wives was pressing us hard and we wanted to practice coitus interruptus. We asked Allah's Apostle (whether it was permissible). He said, "It is better for you not to do so. No soul, (that which Allah has) destined to exist, up to the Day of Resurrection, but will definitely come, into existence."