Malik related to me from Hisham ibn Urwa that his father used to rent out his land for gold and silver.

Malik was asked about a man who rented his field for 100 sa of dates or part of its produce of wheat or from other than its produce. He disapproved of that.

The Prophet once delivered a speech in front of us wherein he left nothing but mentioned (about) everything that would happen till the Hour. Some of us stored that our minds and some forgot it. (After that speech) I used to see events taking place (which had been referred to in that speech) but I had forgotten them (before their occurrence). Then I would recognize such events as a man recognizes another man who has been absent and then sees and recognizes him.

Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash`ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O `Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or `Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu`adh bin Jabal after him and when Mu`adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Muisa. Mu`adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu`adh to sit down but Mu`adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"

Yahya related to me that Malik asked Ibn Shihab about a man who caught some of the takbirs said over the corpse and missed the rest, and Ibn Shihab said, "He completes what he has missed."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man of the Banu Asad said, "My family and I dismounted to rest at Baqi. My family said to me, 'Go to the Messenger of Allah, may Allah bless him and grant him peace, and ask him for something that we can eat,' and they began to mention their need. I went to the Messenger of Allah, may Allah bless him and grant him peace, and found that a man was asking for something, and the Messenger of Allah, may Allah bless him and grant him peace, was saying, 'I do not have anything to give you.' The man turned away from him in anger, saying, 'By my life! You give to whomever you wish.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is angry with me because I do not have anything to give him. Whoever asks of you while he has an uqiya or its like, has asked with importunity.' "

The man continued, "I said to myself about a camel that we had, 'It is better than an uqiya.' (Malik explained that an uqiya was forty dirhams.) So I returned and did not ask him for anything, and the Messenger of Allah, may Allah bless him and grant him peace, sent me barley and raisins after that. He gave us from his share until Allah, the Mighty, the Majestic gave us relief."

A woman came to the Prophet and said, "I have come to present myself to you (for marriage)." She kept standing for a long period during which period the Prophet looked at her carefully. When she stayed for a Long period, a man said to the Prophet "If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to give her (as Mahr)?" The man said, "No." The Prophet said, "Go (to your house) and search for something." The man went and came back to say, "By Allah, I could not find anything." The Prophet said, "Go again and search for something, even if it be an iron ring." He went again and came back saying, "No, by Allah, I could not get even an iron ring." The man had only an Izar and had no Rida' (upper garment). He said, "I will give her my Izar as Mahr." On that the Prophet said, "Your Izar? If she wears it, nothing of it will remain on you, and if you wear it nothing of it will be on her" The man went aside and sat down When the Prophet saw him leaving (after a while), he called back and asked. "How much Qur'an do you know (by heart)? He said, 'I know such and such Suras," naming some Suras. The Prophet said, "I marry her to you for the amount of Qur'an you know (by heart).

Allah's Apostle distributed something (from the resources of Zakat) amongst a group of people while I was sitting amongst them, but he left a man whom I considered the best of the lot. So, I went up to Allah's Apostle and asked him secretly, "Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim (Who surrender to Allah)." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer. " The Prophet said, "Or merely a Muslim." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim." Then Allah's Apostle (p.b.u.h) said, "I give to a person while another is dearer to me, for fear that he may be thrown in the Hell-fire on his face (by reneging from Islam)."

I heard Ibn `Abbas saying, "O people! Listen to what I say to you, and let me hear whatever you say, and don't go (without understanding), and start saying, 'Ibn `Abbas said so-and-so, Ibn `Abbas said soand- so, Ibn `Abbas said so-and-so.' He who wants to perform the Tawaf around the Ka`ba should go behind Al-Hijr (i.e. a portion of the Ka`ba left out unroofed) and do not call it Al-Hatim, for in the pre-Islamic period of ignorance if any man took an oath, he used to throw his whip, shoes or bow in it.

The Prophet said (to us), " List the names of those people who have announced that they are Muslims." So, we listed one thousand and five hundred men. Then we wondered, "Should we be afraid (of infidels) although we are one thousand and five hundred in number?" No doubt, we witnessed ourselves being afflicted with such bad trials that one would have to offer the prayer alone in fear.

Narrated Al-A`mash:

"We (listed the Muslims and) found them five hundred." And Abu Muawiya said, "Between six hundred to seven hundred."

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) ...

We were one hundred and thirty men sitting with the Prophet. The Prophet said, "Have anyone of you any food with him?" It happened that one man had one Sa of wheat flour (or so) which was turned into dough then. After a while a tall lanky pagan came, driving some sheep. The Prophet asked, 'Will you sell us (a sheep), or give (it to) us as a gift?" The pagan said, "No, but I will sell it " So the Prophet bought from him a sheep which was slaughtered, and then the Prophet ordered that the liver, the kidneys, lungs and heart, etc., of that sheep be roasted. By Allah, none of those one hundred and thirty men but had his share of those things. The Prophet gave to those who were present, and also kept a share for those who were absent He then served that cooked sheep in two big trays and we all ate together our fill; yet there remained a part of it in those two trays which I carried on the camel.

I heard Sahl bin Sa`d saying, "A woman brought a Burda (i.e. a square piece of cloth having edging). I asked, 'Do you know what a Burda is?' They replied in the affirmative and said, "It is a cloth sheet with woven margins." Sahl went on, "She addressed the Prophet and said, 'I have woven it with my hands for you to wear.' The Prophet took it as he was in need of it, and came to us wearing it as a waist sheet. One of us said, 'O Allah's Apostle! Give it to me to wear.' The Prophet agreed to give it to him. The Prophet sat with the people for a while and then returned (home), wrapped that waist sheet and sent it to him. The people said to that man, 'You haven't done well by asking him for it when you know that he never turns down anybody's request.' The man replied, 'By Allah, I have not asked him for it except to use it as my shroud when I die." Sahl added; "Later it (i.e. that sheet) was his shroud."

The Messenger of Allah (saws) said: The first defect that permeated Banu Isra'il was that a man (of them) met another man and said: O so-and-so, fear Allah, and abandon what you are doing, for it is not lawful for you. He then met him the next day and that did not prevent him from eating with him, drinking with him and sitting with him. When they did so. Allah mingled their hearts with each other.

He then recited the verse: "curses were pronounced on those among the children of Isra'il who rejected Faith, by the tongue of David and of Jesus the son of Mary"...up to "wrongdoers".

He then said: By no means, I swear by Allah, you must enjoin what is good and prohibit what is evil, prevent the wrongdoer, bend him into conformity with what is right, and restrict him to what is right.

Anas bin Malik said, "A person entered the Mosque on a Friday through the gate facing the Daril- Qada' and Allah's Apostle was standing delivering the Khutba (sermon). The man stood in front of Allah's Apostle and said, 'O Allah's Apostle, livestock are dying and the roads are cut off; please pray to Allah for rain.' So Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain. O Allah! Bless us with rain. O Allah! Bless us with rain!" Anas added, "By Allah, there were no clouds in the sky and there was no house or building between us and the mountain of Sila'. Then a big cloud like a shield appeared from behind it (i.e. Silas Mountain) and when it came in the middle of the sky, it spread and then rained. By Allah! We could not see the sun for a week. The next Friday, a person entered through the same gate and Allah's Apostle was delivering the Friday Khutba and the man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; Please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle raised both his hands and said, 'O Allah! Round about us and not on us. O Allah!' On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' " Anas added, "The rain stopped and we came out, walking in the sun." Sharik asked Anas whether it was the same person who had asked for rain the previous Friday. Anas replied that he did not know.

Yahya related to me from Malik that Ibn Shihab used to say, "Wudu is necessary if a man kisses his wife." Nafi said that Malik said, "That is what I like most out of what I have heard."

It was narrated that Ibn Ya’mar said: I asked Ibn `Umar-or a man asked him: We travel in this land and we meet people who say, There is no qadar (divine decree), Ibn `Umar said: If you meet those people, tell them that ‘Abdullah bin `Umar has nothing to do with them and they have nothing to do with him - he said it three times. Then he told ...

Allah's Apostle said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)

In the evening of the day of the conquest of Khaibar, the army made fires (for cooking). The Prophet said, "For what have you made these fires?" They said, "For cooking the meat of domestic donkeys." He said, "Throw away what is in the cooking pots and break the pots." A man from the people got up and said, "Shall we throw the contents of the cooking pots and then wash the pots (instead of breaking them)?" The Prophet said, "Yes, you can do either.'

A lady came to the Prophet and declared that she had decided to offer herself to Allah and His Apostle. The Prophet said, "I am not in need of women." A man said (to the Prophet) "Please marry her to me." The Prophet said (to him), "Give her a garment." The man said, "I cannot afford it." The Prophet said, "Give her anything, even if it were an iron ring." The man apologized again. The Prophet then asked him, "What do you know by heart of the Qur'an?" He replied, "I know such-andsuch portion of the Qur'an (by heart)." The Prophet said, "Then I marry her to you for that much of the Qur'an which you know by heart."

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on ...

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.

Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values."

Abu Dawud said: Al-Thawri narrated it as Malik narrated.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

We fought one of our battle, and encamped at a certain place. One of our companions sold a horse for a slave. After that they remained there for the rest of day and night. When the next morning came, they prepared themselves for departure. The buyer of the horse began to saddle it, but the seller was ashamed (of the transaction). He went to the man (buyer) and asked him to annul the transaction. The man refused to hand it over (the horse) to him.

He said: AbuBarzah, the companion of the Prophet (saws), is to decide between me and you. They went to AbuBarzah in the corner of the army. They related this story to him.

He said: Do you agree that I make a decision between you on the basis of the decision of the Messenger of Allah (saws)?

The Messenger of Allah (saws) said: Both parties in a business transaction have an option (right) to annul it so long as they have not separated.

Hisham to Hassan said that Jamil said in his version: "I do not think that you separated."

The Prophet said, "I do not think that so-and-so and so-and-so know anything of our religion." (And Al-Laith said, "These two persons were among the hypocrites.")

Allah's Apostle I said, "Not to wish to be the like of except two men: A man whom Allah has taught the Qur'an and he recites it during the hours of the night and during the hours of the day, and his neighbor listens to him and says, 'I wish I had been given what has been given to so-and-so, so that I might do what he does; and a man whom Allah has given wealth and he spends it on what is just and right, whereupon an other man May say, 'I wish I had been given what so-and-so has been given, for then I would do what he does."

Allah's Apostle said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

Allah's Apostle addressed the people, and after praising and glorifying Allah, he said, "What do you suggest me regarding those people who are abusing my wife? I have never known anything bad about her." The sub-narrator, `Urwa, said: When `Aisha was told of the slander, she said, "O Allah's Apostle! Will you allow me to go to my parents' home?" He allowed her and sent a slave along with her. An Ansari man said, "Subhanaka! It is not right for us to speak about this. Subhanaka! This is a great lie!"

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

We emigrated with the Prophet (p.b.u.h) in Allah's cause, and so our reward was then surely incumbent on Allah. Some of us died and they did not take anything from their rewards in this world, and amongst them was Mustab bin `Umar; and the others were those who got their rewards. Mustab bin `Umar was martyred on the day of the Battle of Uhud and we could get nothing except his Burd to shroud him in. And when we covered his head his feet became bare and vice versa. So the Prophet ordered us to cover his head only and to put idhkhir (a kind of shrub) over his feet.

A man who was beautiful came to the Prophet (saws). He said: Messenger of Allah, I am a man who likes beauty, and I have been given some of it, as you see. And I do not like that anyone excels me (in respect of beauty). Perhaps he said: "even to the extent of thong of my sandal (shirak na'li)", or he he said: "to the extent of strap of my sandal (shis'i na'li)". Is it pride? He replied: No, pride is disdaining what is true and despising people.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

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

Hakim asked (the Prophet): Messenger of Allah, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess.