I heard An-Nu`man bin Bashir on the pulpit saying, "My father gave me a gift but `Amra bint Rawaha (my mother) said that she would not agree to it unless he made Allah's Apostle as a witness to it. So, my father went to Allah's Apostle and said, 'I have given a gift to my son from `Amra bint Rawaha, but she ordered me to make you as a witness to it, O Allah's Apostle!' Allah's Apostle asked, 'Have you given (the like of it) to everyone of your sons?' He replied in the negative. Allah's Apostle said, 'Be afraid of Allah, and be just to your children.' My father then returned and took back his gift."

My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet . He said to the Prophet, "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet said, "Do you have other sons besides him?" He said, "Yes." The Prophet said, "Do not make me a witness for injustice." Narrated Ash-Shu`bi that the Prophet said, "I will not become a witness for injustice."

I saw Allah's Apostle on the day (of the battle) of the Trench carrying earth till the hair of his chest were covered with dust and he was a hairy man. He was reciting the following verses of `Abdullah (bin Rawaha): "O Allah, were it not for You, We would not have been guided, Nor would we have given in charity, nor prayed. So, bestow on us calmness, and when we meet the enemy. Then make our feet firm, for indeed, Yet if they want to put us in affliction, (i.e. want to fight against us) we would not (flee but withstand them)." The Prophet used to raise his voice while reciting these verses. (See Hadith No. 432, Vol. 5).

The Prophet said, "Allah created Adam, making him 60 cubits tall. When He created him, He said to him, "Go and greet that group of angels, and listen to their reply, for it will be your greeting (salutation) and the greeting (salutations of your offspring." So, Adam said (to the angels), As-Salamu Alaikum (i.e. Peace be upon you). The angels said, "As-salamu Alaika wa Rahmatu-l-lahi" (i.e. Peace and Allah's Mercy be upon you). Thus the angels added to Adam's salutation the expression, 'Wa Rahmatu-l-lahi,' Any person who will enter Paradise will resemble Adam (in appearance and figure). People have been decreasing in stature since Adam's creation.

A partner of mine sold some Dirhams on credit in the market. I said, "Glorified be Allah! Is this legal?" He replied, "Glorified be Allah! By Allah, when I sold them in the market, nobody objected to it." Then I asked Al-Bara' bin `Azib (about it) he said, "We used to make such a transaction when the Prophet came to Medina. So he said, 'There is no harm in it if it is done from hand to hand, but it is not allowed on credit.' Go to Zaid bin Al- Arqam and ask him about it for he was the greatest trader of all of us." So I asked Zaid bin Al-Arqam., and he said the same (as Al-Bara) did."

The Prophet was carrying earth on the day of Al-Khandaq till his `Abdomen was fully covered with dust, and he was saying, "By Allah, without Allah we would not have been guided, neither would we have given in charity, nor would we have prayed. So (O Allah), please send Sakina (i.e. calmness) upon us, and make our feet firm if we meet the enemy as the enemy have rebelled against us, and if they intended affliction, (i.e. want to frighten us and fight against us then we would not flee but withstand them)." The Prophet used to raise his voice saying, "Abaina! Abaina! (i.e. would not, we would not).

The woman who supplies fake hair and the one who asks for it, the woman who pulls out hair for other people and the woman who depilates herself, the woman who tattoos and the one who has it done when there is no disease to justify it have been cursed.

Abu Dawud said: Wasilah means the woman who adds false hair to the hair of women. Mustawsilah means the one who asks for adding the hair to her hair. namisah means a woman who plucks hair from the brow until she makes it thin; mutanammisah means the woman who depilates herself ; washimah is a woman who tattoos in the face with antimony or ink ; mustawshimah is a woman with whom it is done.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."

Allah's Apostle delivered a sermon and said, "O people! You will be gathered before Allah barefooted, naked and not circumcised." Then (quoting Qur'an) he said:-- "As We began the first creation, We shall repeat it. A promise We have undertaken: Truly we shall do it.." (21.104) The Prophet then said, "The first of the human beings to be dressed on the Day of Resurrection, will be Abraham. Lo! Some men from my followers will be brought and then (the angels) will drive them to the left side (Hell-Fire). I will say. 'O my Lord! (They are) my companions!' Then a reply will come (from Almighty), 'You do not know what they did after you.' I will say as the pious slave (the Prophet Jesus) said: And I was a witness over them while I dwelt amongst them. When You took me up. You were the Watcher over them and You are a Witness to all things.' (5.117) Then it will be said, "These people have continued to be apostates since you left them."

We were in a Ghazwa and a man from the emigrants kicked an Ansari (on the buttocks with his foot). The Ansari man said, "O the Ansari! (Help!)" The emigrant said, "O the emigrants! (Help)." When Allah's Apostle heard that, he said, "What is that?" They said, "A man from the emigrants kicked a man from the Ansar (on the buttocks his foot). On that the Ansar said, 'O the Ansar!' and the emigrant said, 'O the emigrants!" The Prophet said' "Leave it (that call) for it Is a detestable thing." The number of Ansar was larger (than that of the emigrants) at the time when the Prophet came to Medina, but later the number of emigrants increased. `Abdullah bin Ubai said, "Have they, (the emigrants) done so? By Allah, if we return to Medina, surely, the more honorable will expel therefrom the meaner," `Umar bin Al-Khattab said, "O Allah's Apostle! Let me chop off the head of this hypocrite!" The Prophet said, "Leave him, lest the people say Muhammad kills his companions:"

Fatima complained about the blisters on her hand because of using a mill-stone. She went to ask the Prophet for servant, but she did not find him (at home) and had to inform `Aisha of her need. When he came, `Aisha informed him about it. `Ali added: The Prophet came to us when we had gone to our beds. When I was going to get up, he said, "'Stay in your places," and sat between us, till I felt the coolness of the feet on my chest. The Prophet then said, "Shall I not tell you of a thing which is better for you than a servant? When you (both) go to your beds, say 'Allahu Akbar' thirty-three times, and 'Subhan Allah' thirty-three times, 'Al hamdu 'illah' thirty-three times, for that is better for you than a servant." Ibn Seereen said, "Subhan Allah' (is to be said for) thirty-four times."

Allah's Apostle said, "Allah said, 'I will declare war against him who shows hostility to a pious worshipper of Mine. And the most beloved things with which My slave comes nearer to Me, is what I have enjoined upon him; and My slave keeps on coming closer to Me through performing Nawafil (praying or doing extra deeds besides what is obligatory) till I love him, so I become his sense of hearing with which he hears, and his sense of sight with which he sees, and his hand with which he grips, and his leg with which he walks; and if he asks Me, I will give him, and if he asks My protection (Refuge), I will protect him; (i.e. give him My Refuge) and I do not hesitate to do anything as I hesitate to take the soul of the believer, for he hates death, and I hate to disappoint him."

I asked `Aisha the wife of the Prophet about the meaning of the following Verse: -- "(Respite will be granted) 'Until when the apostles give up hope (of their people) and thought that they were denied (by their people)..............."(12.110) `Aisha replied, "Really, their nations did not believe them." I said, "By Allah! They were definite that their nations treated them as liars and it was not a matter of suspecting." `Aisha said, "O 'Uraiya (i.e. `Urwa)! No doubt, they were quite sure about it." I said, "May the Verse be read in such a way as to mean that the apostles thought that Allah did not help them?" Aisha said, "Allah forbid! (Impossible) The Apostles did not suspect their Lord of such a thing. But this Verse is concerned with the Apostles' followers who had faith in their Lord and believed in their apostles and their period of trials was long and Allah's Help was delayed till the apostles gave up hope for the conversion of the disbelievers amongst their nation and suspected that even their followers were shaken in their belief, Allah's Help then came to them."

Sahl bin Sa`d was asked about the (Prophet's) pulpit as to what thing it was made of? Sahl replied: "None remains alive amongst the people, who knows about it better than I. It was made of tamarisk (wood) of the forest. So and so, the slave of so and so prepared it for Allah's Apostle . When it was constructed and place (in the Mosque), Allah's Apostle stood on it facing the Qibla and said 'Allahu Akbar', and the people stood behind him (and led the people in prayer). He recited and bowed and the people bowed behind him. Then he raised his head and stepped back, got down and prostrated on the ground and then he again ascended the pulpit, recited, bowed, raised his head and stepped back, got down and prostrate on the ground. So, this is what I know about the pulpit." Ahmad bin Hanbal said, "As the Prophet was at a higher level than the people, there is no harm according to the above-mentioned Hadith if the Imam is at a higher level than his followers during the prayers."

My Lord agreed with me in three things: -1. I said, "O Allah's Apostle, I wish we took the station of Abraham as our praying place (for some of our prayers). So came the Divine Inspiration: And take you (people) the station of Abraham as a place of prayer (for some of your prayers e.g. two rak`at of Tawaf of Ka`ba)". (2.125) -2. And as regards the (verse of) the veiling of the women, I said, 'O Allah's Apostle! I wish you ordered your wives to cover themselves from the men because good and bad ones talk to them.' So the verse of the veiling of the women was revealed. -3. Once the wives of the Prophet made a united front against the Prophet and I said to them, 'It may be if he (the Prophet) divorced you, (all) that his Lord (Allah) will give him instead of you wives better than you.' So this verse (the same as I had said) was revealed." (66.5).

Once Malik bin Huwairith said to his friends, "Shall I show you how Allah's Apostle used to offer his prayers?" And it was not the time for any of the compulsory congregational prayers. So he stood up (for the prayer) bowed and said the Takbir, then he raised his head and remained standing for a while and then prostrated and raised his head for a while (sat up for a while). He prayed like our Sheikh `Amr Ibn Salama. (Aiyub said, "The latter used to do a thing which I did not see the people doing i.e. he used to sit between the third and the fourth rak`a). Malik bin Huwairith said, "We came to the Prophet (after embracing Islam) and stayed with him. He said to us, 'When you go back to your families, pray such and such a prayer at such and such a time, pray such and such a prayer at such and such a time, and when there is the time for the prayer then only of you should pronounce the Adhan for the prayer and the oldest of you should lead the prayer."

The delegates of the tribe of `Abdul-Qais came and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and there is the infidels of the tribe of Mudar intervening between you and us, so we cannot come to you except in the Sacred Months. So please order us some instructions that we may apply it to ourselves and also invite our people whom we left behind us to observe as well." The Prophet said, "I order you (to do) four (things) and forbid you (to do) four: I order you to believe in Allah, that is, to testify that None has the right to be worshipped but Allah (the Prophet pointed with his hand); to offer prayers perfectly; to pay Zakat; to fast the month of Ramadan, and to pay the Khumus (i.e. one-fifth) of the war booty to Allah and I forbid you to use Ad-dubba', An-Naqir, Al-Hantam and Al-Muzaffat (i.e. utensils used for preparing alcoholic drinks)." (See Hadith No. 50, Vol. 1).

Fatima complained of the suffering caused to her by the hand mill. Some Captives were brought to the Prophet, she came to him but did not find him at home `Aisha was present there to whom she told (of her desire for a servant). When the Prophet came, Aisha informed him about Fatima's visit. `Ali added "So the Prophet came to us, while we had gone to our bed I wanted to get up but the Prophet said, "Remain at your place". Then he sat down between us till I found the coolness of his feet on my chest. Then he said, "Shall I teach you a thing which is better than what you have asked me? When you go to bed, say, 'Allahu-Akbar' thirty-four times, and 'Subhan Allah thirty-three times, and 'Al hamdu-li l-lah thirty-three times for that is better for you both than a servant."

Umm Al Hakam or Duba’ah daughters of Al Zibair bin ‘Abd Al Muttalib said “Some captives of war were brought to the Apostle of Allaah(saws). I and my sister Fatimah, daughter of Apostle of Allaah(saws) went (to the Prophet) and complained to him about our existing condition. We asked him to order (to give) us some captives. The Apostle of Allaah(saws) said “the orphans of the people who were killed in the battle of Badr came before you (and they asked for the captives). But I tell you something better than that. You should utter “Allaah is Most Great” after each prayer thirty three times, “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times and “there is no god but Allaah alone, He has no associate, the Kingdom belongs to Him and praise is due to Him and He has power over all things.”

The narrator ‘Ayyash said “They were daughters of Uncle of the Prophet (saws).”

Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."

Malik added, "That is what is done in our community."

Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."

"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."

"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

Yahya related to me from Malik from Zayd ibn Abi Unaysa that Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab informed him from Muslim ibn Yasar al-Juhani that Umar ibn al-Khattab was asked about this ayat - "When your Lord took their progeny from the Banu Adam from their backs and made them testify against themselves. 'Am I not your Lord?' They said, 'Yes, we bear witness'

Lest you should say on the Day of Rising, 'We were heedless of that.'" (Sura 7 ayat 172) Umar ibn al-Khattab said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah, the Blessed, the Exalted, created Adam. Then He stroked his back with His right hand, and progeny issued from it. He said, "I created these for the Garden and they will act with the behaviour of the people of the Garden." Then He stroked his back again and brought forth progeny from him. He said, "I created these for the Fire and they will act with the behaviour of the people of the Fire." 'A man said, 'Messenger of Allah! Then of what value are deeds?' The Messenger of Allah, may Allah bless him and grant him peace, answered, 'When Allah creates a slave for the Garden, he makes him use the behaviour of the people of the Garden, so that he dies on one of the actions of the people of the Garden and by it He brings him into the Garden. When He creates a slave for the Fire, He makes him use the behaviour of the people of the Fire, so that he dies on one of the actions of the people of the Fire, and by it, He brings him into the Fire.' "

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father's side are more entitled to inherit than the paternal uncle, the full brother of the father. The paternal uncle, the full brother of the father, is more entitled to inherit than the paternal uncle, the half-brotherof the father on the father's side. The paternal uncle, the half-brother of the father on the father's side is more entitled to inherit than the sons of the paternal uncle, the full brother of the father. The son of the paternal uncle on the father's side is more entitled to inherit than the paternal great uncle, the full brother of the paternal grandfather."

Malik said, "Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father, then make his inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin. If there is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers, then divide the inheritance equally among them. If the parent of one of them is an uncle (the full-brother of the father of the deceased) and whoever is with him is an uncle (the paternal half brother of the father of the deceased), the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah, the Blessed, the Exalted, said, 'Those related by blood are nearer to one another in the Book of Allah, surely Allah has knowledge of everything.' "

Malik said, "The paternal grandfather, is more entitled to inherit than sons of the full-brother, and more entitled than the uncle, the full brother of the father. The son of the father's brother is more entitled to inherit from mawali retainers (freed slaves) than the grandfathers."

The Prophet appointed `Abdullah bin Jubair as the commander of the infantry men (archers) who were fifty on the day (of the battle) of Uhud. He instructed them, "Stick to your place, and don't leave it even if you see birds snatching us, till I send for you; and if you see that we have defeated the infidels and made them flee, even then you should not leave your place till I send for you." Then the infidels were defeated. By Allah, I saw the women fleeing lifting up their clothes revealing their leg-bangles and their legs. So, the companions of `Abdullah bin Jubair said, "The booty! O people, the booty ! Your companions have become victorious, what are you waiting for now?" `Abdullah bin Jubair said, "Have you forgotten what Allah's Apostle said to you?" They replied, "By Allah! We will go to the people (i.e. the enemy) and collect our share from the war booty." But when they went to them, they were forced to turn back defeated. At that time Allah's Apostle in their rear was calling them back. Only twelve men remained with the Prophet and the infidels martyred seventy men from us. On the day (of the battle) of Badr, the Prophet and his companions had caused the 'Pagans to lose 140 men, seventy of whom were captured and seventy were killed. Then Abu Sufyan asked thrice, "Is Muhammad present amongst these people?" The Prophet ordered his companions not to answer him. Then he asked thrice, "Is the son of Abu Quhafa present amongst these people?" He asked again thrice, "Is the son of Al-Khattab present amongst these people?" He then returned to his companions and said, "As for these (men), they have been killed." `Umar could not control himself and said (to Abu Sufyan), "You told a lie, by Allah! O enemy of Allah! All those you have mentioned are alive, and the thing which will make you unhappy is still there." Abu Sufyan said, "Our victory today is a counterbalance to yours in the battle of Badr, and in war (the victory) is always undecided and is shared in turns by the belligerents, and you will find some of your (killed) men mutilated, but I did not urge my men to do so, yet I do not feel sorry for their deed" After that he started reciting cheerfully, "O Hubal, be high! (1) On that the Prophet said (to his companions), "Why don't you answer him back?" They said, "O Allah's Apostle What shall we say?" He said, "Say, Allah is Higher and more Sublime." (Then) Abu Sufyan said, "We have the (idol) Al `Uzza, and you have no `Uzza." The Prophet said (to his companions), "Why don't you answer him back?" They asked, "O Allah's Apostle! What shall we say?" He said, "Says Allah is our Helper and you have no helper."

Next year I came out to make an atonement for my umrah. I came to Ibn Abbas and asked him (about it). He said: Bring a new sacrificial animal, for the Messenger of Allah (saws) ordered his companions to bring fresh sacrificial animals for the umrah of atonement in lieu of the animals they had sacrificed in the year of al-Hudaybiyyah.

A man disputed with az-Zubayr about streamlets in the lava plain which was irrigated by them. The Ansari said: Release the water and let it run, but az-Zubayr refused. The Holy Prophet (saws) said to az-Zubayr: Water (your ground), Zubayr, then let the water run to your neighbour. The Ansari then became angry and said: Messenger of Allah! it is because he is your cousin! Thereupon the face of the Messenger of Allah (saws) changed colour and he said: Water (your ground), then keep back the water till it returns to the embankment. Az-Zubayr said: By Allah! I think this verse came down about that: "But no , by thy Lord! they can have no (real) faith, until they make thee judge....."

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Yahya related to me from Malik that he had heard that receipts were given to people in the time of Marwan ibn al-Hakam for the produce of the market at al-Jar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd Thabit and one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, went to Marwan ibn al-Hakam and said, "Marwan! Do you make usury halal?" He said, "I seek refuge with Allah! What is that?" He said, "These receipts which people buy and sell before they take delivery of the goods." Marwan therefore sent a guard to follow them and to take them from people's hands and return them to their owners.

Yahya said that Malik spoke about a man who loaned another man money and then the debtor asked him to leave it with him as a qirad. Malik said, "I do not like that unless he takes his money back from him, and then pays it to him as a qirad if he wishes or if he wishes keep it."

Malik spoke about an investor who paid a man qirad money and the man told him that it was collected with him and asked him to write it for him as a loan. He said, "I do not like that unless he takes his money from him and then lends it to him or keeps it as he wishes. That is only out of fear that he has lost some of it, and wants to defer it so that he can make up what has been lost of it. That is disapproved of and is not permitted and it is not good."

Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."

Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.

Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).

Khabbab said, "During the pre-lslamic period, I was a blacksmith and Al-Asi bin Wail owed me a debt." So Khabbab went to him to demand the debt. He said, "I will not give you (your due) till you disbelieve in Muhammad." Khabbab said, "By Allah, I shall not disbelieve in Muhammad till Allah makes you die and then resurrects you." Al-Asi said, "So leave me till I die and then be resurrected, for I will be given wealth and children whereupon I will pay you your debt." So this Verse was revealed:-- 'Have you seen him who disbelieved in Our Signs and, (yet) says: I shall certainly be given wealth and children.' (19.77)

While I was with `Abdullah, `Uthman met him at Mina and said, "O Abu `Abdur-Rahman ! I have something to say to you." So both of them went aside and `Uthman said, "O Abu `Abdur-Rah. man! Shall we marry you to a virgin who will make you remember your past days?" When `Abdullah felt that he was not in need of that, he beckoned me (to join him) saying, "O 'Alqama!" Then I heard him saying (in reply to `Uthman), "As you have said that, (I tell you that) the Prophet once said to us, 'O young people! Whoever among you is able to marry, should marry, and whoever is not able to marry, is recommended to fast, as fasting diminishes his sexual power.

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Malik ibn Abi Amir that Uthman ibn Affan used to say in khutbas, and he would seldom omit it if he was giving the khutba, "When the imam stands delivering the khutba on the day of jumua, listen and pay attention, for there is the same portion for someone who pays attention but cannot hear as for someone who pays attention and hears. And when the iqama of the prayer is called, straighten your rows and make your shoulders adjacent to each other, because the straightening of the rows is part of the completion of the prayer." Then he would not say the takbir until some men who had been entrusted with straightening the rows came and told him that they were straight. Then he would say the takbir.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Abu Salama ibn Abd ar Rahman that Abu Said said that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, "A group of people will appear among you whose prayer, fasting and deeds will make you think little of your own prayer, fasting and deeds. They will recite the Qur'an, but it wil not get past their throats, and they will pass through the deen like an arrow passes through game. You look at the arrowhead, and you see nothing, and you look at the shaft, and you see nothing, and you look at the flights, and you see nothing. And you are in doubt about the notch."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al Musayyab being asked about making up days missed in Ramadan, and Said said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about some one who made up the days he had missed in Ramadan separately, that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable, if he did them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan or during any other obligatory fast that he must do, has to fast another day in its place."

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that Abdullah ibn Abbas said, "Al-Fadl ibn Abbas was riding behind the Messenger of Allah, may Allah bless him and grant him peace, when a woman from the Khathama tribe came to him to ask him for a fatwa. Al-Fadl began to look at her, and she at him, and the Messenger of Allah, may Allah bless him and grant him peace, turned Fadl's face away to the other side. The woman said, 'Messenger of Allah, Allah's making the hajj obligatory finds my father a very old man, unable to stay firm on his riding-beast. Can I do hajj for him?', and he said, 'Yes.' This was during the farewell hajj."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

Once the Prophet, while passing through one of the graveyards of Medina or Mecca heard the voices of two persons who were being tortured in their graves. The Prophet said, "These two persons are being tortured not for a major sin (to avoid)." The Prophet then added, "Yes! (they are being tortured for a major sin). Indeed, one of them never saved himself from being soiled with his urine while the other used to go about with calumnies (to make enmity between friends). The Prophet then asked for a green leaf of a date-palm tree, broke it into two pieces and put one on each grave. On being asked why he had done so, he replied, "I hope that their torture might be lessened, till these get dried."

(the wife of the Prophet) On the day when the sun Khasafat (eclipsed) Allah's Apostle prayed; he stood up and said Takbir and recited a prolonged recitation, then he performed a prolonged bowing, then he raised his head and said, "Sami`a l-lahu Lyman Hamidah," and then remained standing and recited a prolonged recitation which was shorter than the first. Then he performed a prolonged bowing which was shorter than the first. Then he prostrated and prolonged the prostration and he did the same in the second rak`a as in the first and then finished the prayer with Taslim. By that time the sun (eclipse) had cleared He addressed the people and said, "The sun and the moon are two of the signs of Allah; they do not eclipse (Yakhsifan) because of the death or the life (i.e. birth) of someone. So when you see them make haste for the prayer."

Salim told me, "`Abdullah bin `Umar said, 'I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the `Isha prayer whenever he was in a hurry during the journey.' " Salim said, "Abdullah bin `Umar used to do the same whenever he was in a hurry during the journey. After making the call for Iqama, for the Maghrib prayer he used to offer three rak`at and then perform Taslim. After waiting for a short while, he would pronounce the Iqama for the `Isha' prayer and offer two rak`at and perform Taslim. He never prayed any Nawafil in between the two prayers or after the `Isha' prayers till he got up in the middle of the night (for Tahajjud prayer)."