Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."

Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."

The Prophet said to his companions, "Is it difficult for any of you to recite one third of the Qur'an in one night?" This suggestion was difficult for them so they said, "Who among us has the power to do so, O Allah's Apostle?" Allah Apostle replied: " Allah (the) One, the Self-Sufficient Master Whom all creatures need.' (Surat Al-Ikhlas 112.1--to the End) is equal to one third of the Qur'an."

That the Messenger of Allah (saws) said: "Ours is not a bad example: The one who takes back his gift is like the dog who takes back his vomit."

[He said:] On this topic, there is the narration from Ibn 'Umar from the Prophet (saws) that he said: "It is not lawful for anyone that has given a gift to take it back, except for a father who gives something to his son."

¹ i.e. he has not been ostentatious in his obedience. It was related by at-Tirmidhi (also by Ahmad ibn Hanbal and Ibn Majah). Its chain of authorities is sound.

The Messenger of Allah (saws) said one day from the pulpit: When some people were sailing in the sea, their food was finished. An island appeared to them. They went out seeking bread. They were met by the Jassasah (the Antichrist's spy).

I said to AbuSalamah: What is the Jassasah? He replied: A woman trailing the hair of her skin and of her head. She said: In this castle. He then narrated the rest of the (No. 4311) tradition. He asked about the palm-trees of Baysan and the spring of Zughar. He said: He is the Antichrist. Ibn Salamah said to me: There is something more in this tradition, which I could not remember. He said: Jabir testified that it was he who was Ibn Sayyad.

I said: He died. He said: Let him die. I said: He accepted Islam. He said: Let him accept Islam. I said: He entered Medina. He said: Let him enter Medina.

A group of Jews came and invited the Messenger of Allah (saws) to Quff. So he visited them in their school.

They said: AbulQasim, one of our men has committed fornication with a woman; so pronounce judgment upon them. They placed a cushion for the Messenger of Allah (saws) who sat on it and said: Bring the Torah. It was then brought. He then withdrew the cushion from beneath him and placed the Torah on it saying: I believed in thee and in Him Who revealed thee.

He then said: Bring me one who is learned among you. Then a young man was brought. The transmitter then mentioned the rest of the tradition of stoning similar to the one transmitted by Malik from Nafi'(No. 4431).

When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Wa lakal-hamd, anta-l-haq wa wa'duka-lhaq, wa liqa'uka Haq, wa qauluka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that `Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).

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."

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

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."

Allah's Apostle said, "The deeds of anyone of you will not save you (from the (Hell) Fire)." They said, "Even you (will not be saved by your deeds), O Allah's Apostle?" He said, "No, even I (will not be saved) unless and until Allah bestows His Mercy on me. Therefore, do good deeds properly, sincerely and moderately, and worship Allah in the forenoon and in the afternoon and during a part of the night, and always adopt a middle, moderate, regular course whereby you will reach your target (Paradise).

The Prophet said, "On the night of my Ascent to the Heaven, I saw Moses who was a tall brown curlyhaired man as if he was one of the men of Shan'awa tribe, and I saw Jesus, a man of medium height and moderate complexion inclined to the red and white colors and of lank hair. I also saw Malik, the gate-keeper of the (Hell) Fire and Ad-Dajjal amongst the signs which Allah showed me." (The Prophet then recited the Holy Verse): "So be not you in doubt of meeting him' when you met Moses during the night of Mi'raj over the heavens" (32.23) Narrated Anas and Abu Bakra: "The Prophet said, "The angels will guard Medina from Ad-Dajjal (who will not be able to enter the city of Medina).

`Aisha said "The Prophet entered upon me one day and said, 'O `Aisha! I do not think that so-and-so and so-and-so know anything of our religion which we follow."'

Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "

She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "

She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "

"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.

Abu Dawud said: Malis said: This refers to a man gives his evidence, but he does not know for whom it is meant. Al-Hamdani said: "He should inform the authorities. Ibn al-Sarh said: "He should give it to the ruler. The work ikhbar (inform) occurs in the version of al-Hamdani." Ibn al-Sarh said: "Ibn Abi 'Amrah and not 'Abd al-Rahman."

By Allah except Whom none has the right to- be worshipped, (sometimes) I used to lay (sleep) on the ground on my liver (abdomen) because of hunger, and (sometimes) I used to bind a stone over my belly because of hunger. One day I sat by the way from where they (the Prophet and his companions) used to come out. When Abu Bakr passed by, I asked him about a Verse from Allah's Book and I asked him only that he might satisfy my hunger, but he passed by and did not do so. Then `Umar passed by me and I asked him about a Verse from Allah's Book, and I asked him only that he might satisfy my hunger, but he passed by without doing so. Finally Abu-l-Qasim (the Prophet ) passed by me and he smiled when he saw me, for he knew what was in my heart and on my face. He said, "O Aba Hirr (Abu Huraira)!" I replied, "Labbaik, O Allah's Apostle!" He said to me, "Follow me." He left and I followed him. Then he entered the house and I asked permission to enter and was admitted. He found milk in a bowl and said, "From where is this milk?" They said, "It has been presented to you by such-and-such man (or by such and such woman)." He said, "O Aba Hirr!" I said, "Labbaik, O Allah's Apostle!" He said, "Go and call the people of Suffa to me." These people of Suffa were the guests of Islam who had no families, nor money, nor anybody to depend upon, and whenever an object of charity was brought to the Prophet, he would send it to them and would not take anything from it, and whenever any present was given to him, he used to send some for them and take some of it for himself. The order of the Prophet upset me, and I said to myself, "How will this little milk be enough for the people of As- Suffa? though I was more entitled to drink from that milk in order to strengthen myself", but behold! The Prophet came to order me to give that milk to them. I wondered what will remain of that milk for me, but anyway, I could not but obey Allah and His Apostle so I went to the people of As-Suffa and called them, and they came and asked the Prophet's permission to enter. They were admitted and took their seats in the house. The Prophet said, "O Aba-Hirr!" I said, "Labbaik, O Allah's Apostle!" He said, "Take it and give it to them." So I took the bowl (of milk) and started giving it to one man who would drink his fill and return it to me, whereupon I would give it to another man who, in his turn, would drink his fill and return it to me, and I would then offer it to another man who would drink his fill and return it to me. Finally, after the whole group had drunk their fill, I reached the Prophet who took the bowl and put it on his hand, looked at me and smiled and said. "O Aba Hirr!" I replied, "Labbaik, O Allah's Apostle!" He said, "There remain you and I." I said, "You have said the truth, O Allah's Apostle!" He said, "Sit down and drink." I sat down and drank. He said, "Drink," and I drank. He kept on telling me repeatedly to drink, till I said, "No. by Allah Who sent you with the Truth, I have no space for it (in my stomach)." He said, "Hand it over to me." When I gave him the bowl, he praised Allah and pronounced Allah's Name on it and drank the remaining milk.

[Muslim].

He said: I found a purse which contained one hundred dinars; so I came to the Prophet (saws). He said to me: Make the matter known for a year. I made it known for a year and then came to him. He then said to me: Make the matter known for a year. So I made it known for a year. I then (again) came to him. He said to me: Make the matter known for a year. Then I came to him and said: I did not find anyone who realises it. He said: Remember, its number, its container and its tie. If its owner comes, (give it to him), otherwise use it yourself.

He (the narrator Shu'bah) said: I do not know whether he said the word "make the matter known" three times or once.

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

(the wife of the Prophet) that she was told that `Abdullah bin Az-Zubair (on hearing that she was selling or giving something as a gift) said, "By Allah, if `Aisha does not give up this, I will declare her incompetent to dispose of her wealth." I said, "Did he (`Abdullah bin Az-Zubair) say so?" They (people) said, "Yes." `Aisha said, "I vow to Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, `Abdullah bin Az-Zubair sought intercession with her, but she said, "By Allah, I will not accept the intercession of anyone for him, and will not commit a sin by breaking my vow." When this state of affairs was prolonged on Ibn Az-Zubair (he felt it hard on him), he said to Al- Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth, who were from the tribe of Bani Zahra, "I beseech you, by Allah, to let me enter upon `Aisha, for it is unlawful for her to vow to cut the relation with me." So Al-Miswar and `Abdur-Rahman, wrapping their sheets around themselves, asked `Aisha's permission saying, "Peace and Allah's Mercy and Blessings be upon you! Shall we come in?" `Aisha said, "Come in." They said, "All of us?" She said, "Yes, come in all of you," not knowing that Ibn Az- Zubair was also with them. So when they entered, Ibn Az-Zubair entered the screened place and got hold of `Aisha and started requesting her to excuse him, and wept. Al-Miswar and `Abdur Rahman also started requesting her to speak to him and to accept his repentance. They said (to her), "The Prophet forbade what you know of deserting (not speaking to your Muslim Brethren), for it is unlawful for any Muslim not to talk to his brother for more than three nights (days)." So when they increased their reminding her (of the superiority of having good relation with Kith and kin, and of excusing others' sins), and brought her down to a critical situation, she started reminding them, and wept, saying, "I have made a vow, and (the question of) vow is a difficult one." They (Al-Miswar and `Abdur-Rahman) persisted in their appeal till she spoke with `Abdullah bin Az- Zubair and she manumitted forty slaves as an expiation for her vow. Later on, whenever she remembered her vow, she used to weep so much that her veil used to become wet with her tears.

We proceeded with the Messenger of Allah (saws) on the occasion of al-Hudaybiyyah. The Messenger of Allah (saws) said: Who will keep watch for us? Bilal said: I (shall do). The overslept till the sun arose. The Prophet (saws) awoke and said: Do as you used to do (i.e. offer prayer as usual). Then we did accordingly. He said: Anyone who oversleeps or forgets (prayer) should do similarly.

The Messenger of Allah (saws) said to al-Abbas ibn AbdulMuttalib: Abbas, my uncle, shall I not give you, shall I not present to you, shall I not donate to you, shall I not produce for you ten things? If you act upon them, Allah will forgive you your sins, first and last, old and new, involuntary and voluntary, small and great, secret and open.

These are the ten things: you should pray four rak'ahs, reciting in each one Fatihat al-Kitab and a surah. When you finish the recitation of the first rak'ah you should say fifteen times while standing: "Glory be to Allah", "Praise be to Allah", "There is no god but Allah", "Allah is most great". Then you should bow and say it ten times while bowing. Then you should raise your head after bowing and say it ten times. Then you should kneel down in prostration and say it ten times while prostrating yourself. Then you should raise your head after prostration and say it ten times. Then you should prostrate yourself and say it ten times. Then you should raise your head after prostrating and say it ten times in every rak'ah. You should do that in four rak'ahs.

If you can observe it once daily, do so; if not, then once weekly; if not, then once a month; if not, then once a year; if not, then once in your lifetime.

While Allah's Apostle was sitting, a Jew came and said, "O Abul Qasim! One of your companions has slapped me on my face." The Prophet asked who that was. He replied that he was one of the Ansar. The Prophet sent for him, and on his arrival, he asked him whether he had beaten the Jew. He (replied in the affirmative and) said, "I heard him taking an oath in the market saying, 'By Him Who gave Moses superiority over all the human beings.' I said, 'O wicked man! (Has Allah given Moses superiority) even over Muhammad I became furious and slapped him over his face." The Prophet said, "Do not give a prophet superiority over another, for on the Day of Resurrection all the people will fall unconscious and I will be the first to emerge from the earth, and will see Moses standing and holding one of the legs of the Throne. I will not know whether Moses has fallen unconscious or the first unconsciousness was sufficient for him."

When the Prophet (saws) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Messenger of Allah (saws) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Messenger of Allah (saws) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Messenger of Allah (saws), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking.

I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Messenger of Allah (saws) and his people (with him).

He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Messenger of Allah (saws) and he embraced Islam.

I said: Messenger of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.

The Prophet (saws) said: If only one day of this time (world) remained, Allah would raise up a man from my family who would fill this earth with justice as it has been filled with oppression.

We were sitting with Allah's Apostle, he said, "While I was sleeping, I saw myself in Paradise. Suddenly I saw a woman performing ablution beside a palace. I asked, "For whom is this palace?" They (the angels) replied, "It is for `Umar bin Al-Khattab." Then I remembered `Umar's ghira and went back hurriedly." On hearing that, `Umar started weeping and said, " Let my father and mother be sacrificed for you. O Allah's Apostle! How dare I think of my Ghira being offended by you?

"On the Day of Uhud, the Prophet (saws) wore two coats of mail. He tried to get up on a boulder but was not able to, so Talhah squatted under him, lifting the Prophet (saws) upon it such that he could sit on the boulder. So he said: (Paradise) "It is obligated from Talhah.'"

[Abu 'Eisa said:] There are narrations on this topic from Safwan bin Umayyah and As-Sa'ib bin Yazid.

This Hadith is Hasan Gharib, we do not know of it except through the narration of Muhammad bin Ishaq.

The Messenger of Allah (saws) commanded us one day to give sadaqah. At that time I had some property. I said: Today I shall surpass AbuBakr if I surpass him any day. I, therefore, brought half my property. The Messenger of Allah (saws) asked: What did you leave for your family? I replied: The same amount. AbuBakr brought all that he had with him. The Messenger of Allah (saws) asked him: What did you leave for your family? He replied: I left Allah and His Apostle for them. I said: I shall never compete you in anything.

Three principles were established because of Barira: (i) When Banra was manumitted she was given the option (to remain with her slave husband or not). (ii) Allah's Apostle said "The Wala of the slave) is for the one who manumits (the slave). (iii) When Allah's Apostle entered (the house), he saw a cooking pot on the fire but he was given bread and meat soup from the soup of the home. The Prophet said, "Didn't I see the cooking pot (on the fire)?" It was said, "That is the meat given in charity to Barira, and you do not eat the (things given in) charity." The Prophet said, "It is an object of charity for Barira, and it is a present for us."

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.