(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."

I said, "O Allah's Apostle! Do you like to have (my sister) the daughter of Abu Sufyan?" The Prophet said, "What shall I do (with her)?" I said, "Marry her." He said, "Do you like that?" I said, "(Yes), for even now I am not your only wife, so I like that my sister should share you with me." He said, "She is not lawful for me (to marry)." I said, "We have heard that you want to marry." He said, "The daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she should be unlawful for me to marry, for Thuwaiba suckled me and her father (Abu Salama). So you should neither present your daughters, nor your sisters, to me."

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

The Prophet said, "The word 'Ar-Rahm (womb) derives its name from Ar-Rahman (i.e., one of the names of Allah) and Allah said: 'I will keep good relation with the one who will keep good relation with you, (womb i.e. Kith and Kin) and sever the relation with him who will sever the relation with you, (womb, i.e. Kith and Kin).

That while he was reciting Surat Al-Baqara (The Cow) at night, and his horse was tied beside him, the horse was suddenly startled and troubled. When he stopped reciting, the horse became quiet, and when he started again, the horse was startled again. Then he stopped reciting and the horse became quiet too. He started reciting again and the horse was startled and troubled once again. Then he stopped reciting and his son, Yahya was beside the horse. He was afraid that the horse might trample on him. When he took the boy away and looked towards the sky, he could not see it. The next morning he informed the Prophet who said, "Recite, O Ibn Hudair! Recite, O Ibn Hudair!" Ibn Hudair replied, "O Allah's Apostle! My son, Yahya was near the horse and I was afraid that it might trample on him, so I looked towards the sky, and went to him. When I looked at the sky, I saw something like a cloud containing what looked like lamps, so I went out in order not to see it." The Prophet said, "Do you know what that was?" Ibn Hudair replied, "No." The Prophet said, "Those were Angels who came near to you for your voice and if you had kept on reciting till dawn, it would have remained there till morning when people would have seen it as it would not have disappeared.

Allah's Apostle said to me, "O `Abdullah! Do not be like so and so who used to pray at night and then stopped the night prayer."

The Prophet sent me to some people in Yemen and when I returned, I found him at Al-Batha. He asked me, "With what intention have you assumed Ihram (i.e. for Hajj or for Umra or for both?") I replied, "I have assumed Ihram with an intention like that of the Prophet." He asked, "Have you a Hadi with you?" I replied in the negative. He ordered me to perform Tawaf round the Ka`ba and between Safa and Marwa and then to finish my Ihram. I did so and went to a woman from my tribe who combed my hair or washed my head. Then, when `Umar came (i.e. became Caliph) he said, "If we follow Allah's Book, it orders us to complete Hajj and Umra; as Allah says: "Perform the Hajj and Umra for Allah." (2.196). And if we follow the tradition of the Prophet who did not finish his Ihram till he sacrificed his Hadi."

That he heard Allah's Apostle saying, "While a lady was nursing her child, a rider passed by and she said, 'O Allah! Don't let my child die till he becomes like this (rider).' The child said, 'O Allah! Don't make me like him,' and then returned to her breast (sucking it). (After a while) they passed by a lady who was being pulled and teased (by the people). The child's mother said, 'O Allah! Do not make my child like her.' The child said, 'O Allah! Make me like her.' Then he said, 'As for the rider, he is an infidel, while the lady is accused of illegal sexual intercourse (falsely) and she says: Allah is sufficient for me (He knows the truth).

Allah's Apostle sat on the pulpit and said, "Allah has given one of His Slaves the choice of receiving the splendor and luxury of the worldly life whatever he likes or to accept the good (of the Hereafter) which is with Allah. So he has chosen that good which is with Allah." On that Abu Bakr wept and said, "Our fathers and mothers be sacrificed for you." We became astonished at this. The people said, "Look at this old man! Allah's Apostle talks about a Slave of Allah to whom He has given the option to choose either the splendor of this worldly life or the good which is with Him, while he says. 'our fathers and mothers be sacrifice(i for you." But it was Allah's Apostle who had been given option, and Abu Bakr knew it better than we. Allah's Apostle added, "No doubt, I am indebted to Abu Bakr more than to anybody else regarding both his companionship and his wealth. And if I had to take a Khalil from my followers, I would certainly have taken Abu Bakr, but the fraternity of Islam is. sufficient. Let no door (i.e. Khoukha) of the Mosque remain open, except the door of Abu Bakr."

The Prophet was asked about things which he did not like, but when the questioners insisted, the Prophet got angry. He then said to the people, "Ask me anything you like." A man asked, "Who is my father?" The Prophet replied, "Your father is Hudhafa." Then another man got up and said, "Who is my father, O Allah's Apostle ?" He replied, "Your father is Salim, Maula (the freed slave) of Shaiba." So when `Umar saw that (the anger) on the face of the Prophet he said, "O Allah's Apostle! We repent to Allah (Our offending you).

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, "Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing." The Messenger of Allah, may Allah bless him and grant him peace, said, "This is only one of the brothers of the diviners." He disapproved of the rhyming speech of the man's declaration.

Malik related to me from Muhammad ibn al-Munkadir that Umayma bint Ruqayqa said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, with the women who took an oath of allegiance with him in Islam. They said, 'Messenger of Allah! We take a pledge with you not to associate anything with Allah, not to steal, not to commit adultery, not to kill our children, nor to produce any lie that we have devised between our hands and feet, and not to disobey you in what is known.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'In what you can do and are able.' "

Umayma continued, "They said, 'Allah and His Messenger are more merciful to us than ourselves. Come, let us give our hands to you, Messenger of Allah!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I do not shake hands with women. My word to a hundred women is like my word to one woman.' "

Once `Umar bin Al-Khattab said, said, "Who amongst you remembers the statement of Allah's Apostle regarding the afflictions?" Hudhaifa replied, "I remember what he said exactly." `Umar said. "Tell (us), you are really a daring man!'' Hudhaifa said, "Allah's Apostle said, 'A man's afflictions (i.e. wrong deeds) concerning his relation to his family, his property and his neighbors are expiated by his prayers, giving in charity and enjoining what is good and forbidding what is evil.' " `Umar said, "I don't mean these afflictions but the afflictions that will be heaving up and down like waves of the sea." Hudhaifa replied, "O chief of the believers! You need not fear those (afflictions) as there is a closed door between you and them." `Umar asked, "Will that door be opened or broken?" Hudhaifa replied, "No, it will be broken." `Umar said, "Then it is very likely that the door will not be closed again." Later on the people asked Hudhaifa, "Did `Umar know what that door meant?" He said. "Yes, `Umar knew it as everyone knows that there will be night before the tomorrow morning. I narrated to `Umar an authentic narration, not lies." We dared not ask Hudhaifa; therefore we requested Masruq who asked him, "What does the door stand for?" He said, "`Umar."

Allah's Apostle (p.b.u.h) said, "Any person who takes a bath on Friday like the bath of Janaba and then goes for the prayer (in the first hour i.e. early), it is as if he had sacrificed a camel (in Allah's cause); and whoever goes in the second hour it is as if he had sacrificed a cow; and whoever goes in the third hour, then it is as if he had sacrificed a horned ram; and if one goes in the fourth hour, then it is as if he had sacrificed a hen; and whoever goes in the fifth hour then it is as if he had offered an egg. When the Imam comes out (i.e. starts delivering the Khutba), the angels present themselves to listen to the Khutba."

I heard the Prophet saying, "If somebody commits a sin and then says, 'O my Lord! I have sinned, please forgive me!' and his Lord says, 'My slave has known that he has a Lord who forgives sins and punishes for it, I therefore have forgiven my slave (his sins).' Then he remains without committing any sin for a while and then again commits another sin and says, 'O my Lord, I have committed another sin, please forgive me,' and Allah says, 'My slave has known that he has a Lord who forgives sins and punishes for it, I therefore have forgiven my slave (his sin). Then he remains without Committing any another sin for a while and then commits another sin (for the third time) and says, 'O my Lord, I have committed another sin, please forgive me,' and Allah says, 'My slave has known that he has a Lord Who forgives sins and punishes for it I therefore have forgiven My slave (his sin), he can do whatever he likes."

Allah's Apostle said, "While I was sleeping, two golden bangles were put in my two hands, so I got scared (frightened) and disliked it, but I was given permission to blow them off, and they flew away. I interpret it as a symbol of two liars who will appear." 'Ubaidullah said, "One of them was Al-`Ansi who was killed by Fairuz at Yemen and the other was Musailama (at Najd) .

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

[At-Tirmidhi].

A man came to the Prophet (saws) and said: How do you fast, Messenger of Allah? The Messenger of Allah (saws) became angry at what he said.

When Umar observed this (his anger), he said: We are satisfied with Allah as Lord, with Islam as religion, and with Muhammad as Prophet. We seek refuge in Allah from the anger of Allah, and from the anger of His Apostle. Umar continued to repeat these words till his anger cooled down. He then asked: Messenger of Allah, what is the position of one who observes a perpetual fast?

He replied: May he not fast or break his fast. Musaddad said in his version: He has neither fasted nor broken his fast. The narrator, Ghaylan, doubted the actual wordings.

He asked: What is the position of one who fasts two days and does not fast one day?

He said: Is anyone able to do that? He asked: What is the position of one who fasts every second day (i.e. fasts one day and does not fasts the next day)?

He (the Prophet) said: This is the fast that David observed.

He asked: Messenger of Allah, what is the position of one who fasts one day and breaks it for two days? He replied: I wish I were given the power to observe that. Then the Messenger of Allah (saws) said: The observance of three days' fast every month and of one Ramadan to the other (i.e. the fast of Ramadan every year) is (equivalent to) a perpetual fast. I seek from Allah that fasting on the day of Arafah may atone for the sins of the preceding and the coming year, and I seek from Allah that fasting on the day of Ashura' may atone for the sins of the preceding year.

"I entered upon Anas bin Malik while he was eating gourd, and he was saying: 'O you tree! I do not like you but because of the Messenger of Allah (saws) liked you.'"

He said: There is something on this topic from Hakim bin Jarir, from his father.

[Abu 'Eisa said:] This Hadith is Gharib from this route.

The Prophet said, "Allah created the creations, and when He finished from His creations, Ar-Rahm i.e., womb said, "(O Allah) at this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kith and kin). Allah said, 'Yes, won't you be pleased that I will keep good relations with the one who will keep good relations with you, and I will sever the relation with the one who will sever the relations with you.' It said, 'Yes, O my Lord.' Allah said, 'Then that is for you ' " Allah's Apostle added. "Read (in the Qur'an) if you wish, the Statement of Allah: 'Would you then, if you were given the authority, do mischief in the land and sever your ties of kinship?' (47.22)

Allah's Apostle said, "Allah created the creation, and when He finished from His creation the Rahm (womb) got up, and Allah said (to it). "Stop! What do you want? It said; "At this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kinship.)" Allah said: "Would you be pleased that I will keep good relation with the one who will keep good relation with you, and I will sever the relation with the one who will sever the relation with you. It said: 'Yes, 'O my Lord.' Allah said (to it), 'That is for you.'' And then Abu Huraira recited the Verse:-- "Would you then if you were given the authority, do mischief in the land, and sever your ties of kinship." (47.22)

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

"The Messenger of Allah (saws) said to me: 'If you want to stick with me, then suffice yourself in the world with the provisions of the rider. And beware of gatherings of the rich, and do not consider a garment to be worn out until it has been patched.'"

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except as a narration of Salih bin Hassan. He said: I heard Muhammad bin Isma'il saying: "Salih bin Hassan is Munkar is Hadith." And Salih bin Hassan - the one who Ibn Abi Dhi'b reports from - is trustworthy.

[Abu 'Eisa said:] The meaning of this saying: "And beware of gathering of the rich" is similar to what was related from Abu Hurairah from the Prophet (saws), that he said: "Whoever sees one that has been more favored than him in appearance and provision, then let him look at the one who is less than him, rather than one who is favored more than him. For indeed it is more appropriate so that he not scorn Allah's favors [upon him]."

And it has been related from 'Awn bin 'Abdullah who said: "I accompanied the rich, and did not see anyone with more troubles than me. I saw a beast that was better than my beast, and a garment that was better than my garment. And I accompanied the poor, and felt at ease."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.

Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."

Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine."

Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs."

Malik said, "All this is what we have described of muzabana."

Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."

He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).

"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).

"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."

Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Dried dates for dried dates is like for like.' It was said to him, 'Your agent in Khaybar takes one sa for two.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'all him to me.' So he was called for. The Messenger of Allah, may Allah bless him and grant him peace, asked, 'Do you take one sa for two?' He replied, 'Messengerof Allah! Why should they sell me good dates for assorted low quality dates, sa for sa!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Sell the assorted ones for dirhams, and then buy the good ones with those dirhams.' "

The Prophet said, "The righteous (pious people will depart (die) in succession one after the other, and there will remain (on the earth) useless people like the useless husk of barley seeds or bad dates.

I heard `Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Alqama bin Waqqas and 'Ubaidullah bin `Abdullah bin `Uqba relating from `Aisha, the wife of the Prophet the narration of the people (i.e. the liars) who spread the slander against her and they said what they said, and how Allah revealed her innocence. Each of them related to me a portion of that narration. (They said that `Aisha said), ''Then Allah revealed the ten Verses starting with:--'Verily! Those who spread the slander..' (24.11-21) All these verses were in proof of my innocence. Abu Bakr As-Siddiq who used to provide for Mistah some financial aid because of his relation to him, said, "By Allah, I will never give anything (in charity) to Mistah, after what he has said about `Aisha" Then Allah revealed:-- 'And let not those among you who are good and are wealthy swear not to give (any sort of help) to their kins men....' (24.22) On that, Abu Bakr said, "Yes, by Allah, I like that Allah should forgive me." and then resumed giving Mistah the aid he used to give him and said, "By Allah! I will never withhold it from him."

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

The Prophet said, "Time has come back to its original state which it had when Allah created the Heavens and the Earth, the year is twelve months, of which four are sacred; (and out of these four) three are in succession, namely, Dhul-Qa'da, Dhul-Hijja and Muharram, and (the fourth one) Rajab Mudar which is between Jumad (Ath-Tham) and Sha'ban." The Prophet then asked us, "Which month is this?" We said, "Allah and His Apostle know (it) better." He kept quiet so long that we thought he might call it by another name. Then he said, "Isn't it Dhul-Hijja?" We said, "Yes." He asked "What town is this?" We said, "Allah and His Apostle know (it) better.' Then he kept quiet so long that we thought he might call it by another name. He then said, "Isn't it the (forbidden) town (Mecca)?" We said, "Yes." He asked, "What is the day today?" We said, "Allah and His Apostle know (it) better. Then he kept quiet so long that we thought that he might call it by another name. Then he said, "Isn't it the Day of An-Nahr (slaughtering of sacrifices)?" We said, "Yes." Then he said, "Your blood (lives), your properties," (the sub narrator Muhammad, said: I think he also said): "..and your honor) are as sacred to one another like the sanctity of this Day of yours, in this town of yours, in this month of yours. You shall meet your Lord and He will ask you about your deeds. Beware! Don't go astray after me by striking the necks of one another. Lo! It is incumbent upon those who are present to inform it to those who are absent for perhaps the informed one might comprehend it (understand it) better than some of the present audience." Whenever the sub-narrator Muhammad mentioned that statement, he would say, "The Prophet said the truth.") And then the Prophet added, "No doubt! Haven't I conveyed Allah's Message to you! No doubt! Haven't I conveyed Allah's Message to you?"

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that az-Zubayr ibn al-Awwam came across a man who had taken hold of a thief and was intending to take him to the Sultan. Az-Zubayr ibn al- Awwam interceded for him to let him go. He said, "No. Not until I take him to the Sultan." Az-Zubayr said, "When you reach the Sultan with him, Allah curses the one who intercedes and the one who accepts the intercession."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."