Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Allah's Apostle said, "Beware of entering upon the ladies." A man from the Ansar said, "Allah's Apostle! What about Al-Hamu the in-laws of the wife (the brothers of her husband or his nephews etc.)?" The Prophet replied: The in-laws of the wife are death itself.

Zaynab said, "I went to the house of Zaynab bint Jahsh, the wife of the Prophet, may Allah bless him and grant him peace, when her brother had died. She called for perfume and put some on and said, 'By Allah! I have no need of perfume, but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died for more than three nights, except for four months and ten days for a husband.' "

that he heard the Prophet saying, "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful. And there will be some people who will stay near the side of a mountain and in the evening their shepherd will come to them with their sheep and ask them for something, but they will say to him, 'Return to us tomorrow.' Allah will destroy them during the night and will let the mountain fall on them, and He will transform the rest of them into monkeys and pigs and they will remain so till the Day of Resurrection."

I saw no one cooking food like Safiyyah. She cooked food for the Messenger of Allah (saws) and sent it. I became angry and broke the vessel. I then asked: Messenger of Allah, what is the atonement for what I have done? He replied: A vessel like (this) vessel and food like (this) food.

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Shurayh al-Kabi that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever believes in Allah and the Last Day should speak good or be silent. Whoever believes in Allah and the Last Day should be generous to his neighbour. Whoever believes in Allah and the Last Day, should be generous to his guest. His welcome is for a day and a night, and his hospitality is for three days. Whatever is more than that is sadaqa. It is not halal for a guest to stay with a man until he becomes a burden."

Malik said, "It is not halal to eat any game that has been hunted in the Haram, or has had a dog set after it in the Haram and then been killed outside the Haram. Anyone that does that has to pay a forfeit for what has been hunted. However, some one that sets his dog after game outside the Haram and then follows it until it is hunted down in the Haram does not have to pay any forfeit, unless he set the dog after the game near to the Haram. The game should not be eaten, however. If he set the dog loose near the Haram then he has to pay a forfeit for the game."

The Messenger of Allah (saws) came and saw that the doors of the houses of his Companions were facing the mosque. He said: Turn the direction of the houses from the mosque. The Prophet (saws) then entered (the houses or the mosque), and the people did take any step in this regard hoping that some concession might be revealed. He the Prophet) again came upon them and said: Turn the direction of these (doors) from the mosque I do not make the mosque lawful for a menstruating woman and for a person who is sexually defiled.

Abu Dawud said: Aflat b. Khalifah is also called Fulait al-'Amiri.

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Alah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband.” Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allaah be pleased with her). He then narrated the rest of the tradition.”

Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn ‘Abbas withdrew his opinion.”"

The Messenger of Allah (saws) said: Every intoxicant is khamr (wine) and every intoxicant is forbidden. If anyone drinks wine, Allah will not accept prayer from him for forty days, but if he repents, Allah will accept his repentance. If he repeats it a fourth time, it is binding on Allah that He will give him tinat al-khabal to drink.

He was asked: What is tinat al-khabal, Messenger of Allah? He replied: Discharge of wounds, flowing from the inhabitants of Hell. If anyone serves it to a minor who does not distinguish between the lawful and the unlawful, it is binding on Allah that He will give him to drink the discharge of wounds, flowing from the inhabitants of Hell.

Yahya said, "Malik related to us from Ibn Shihab from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The pledge given as security is not forfeited.' "

Malik said, "The explanation of that according to what we think - and Allah knows best - is that a man gives a pledge to somebody in security for something. The pledge is superior to that for which he pawned it. The pledger says to the pawn-broker, 'I will bring you your due, after such-and-such a time. If not, the pledge is yours for what it was pawned for.' "

Malik said, "This transaction is not good and it is not halal. This is what was forbidden. If the owner brings what he pledged it for after the period, it is his. I think that the time condition is void."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never wash his head while he was in ihram except if he had to do ghusl because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm in someone who is in ihram rubbing his head with certain kinds of plants after he has stoned the Jamrat al-Aqaba but before he has shaved his head, because once he has finished stoning the Jamrat al-Aqaba it is halal for him to kill lice, to shave his head, to clean himself of body hair, and to wear normal clothes."

Another chain from Jabir that the Prophet (saws) said similarly.

Yahya related to me from Malik from Abu'z-Zinad from Kharija ibn Zayd ibn Thabit that Zayd ibn Thabit did not sell fruit until the Pleiades were visible, at the end of May.

Malik said, "The way of doing things among us about selling melons, cucumbers, water- melons, and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people, and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged, an allowance for that is deducted from the price of purchase."

that he came to `Aisha and said to her, "O Mother of the Believers! There is a man who sends a Hadi to Ka`ba and stays in his city and requests that his Hadi camel be garlanded while he remains in a state of Ihram from that day till the people finish their Ihram (after completing all the ceremonies of Hajj)" (What do you say about it?) Masruq added, I heard the clapping of her hands behind the curtain. She said, "I used to twist the garlands for the Hadi of Allah's Apostle and he used to send his Hadi to Ka`ba but he never used to regard as unlawful what was lawful for men to do with their wives till the people returned (from the Hajj).

Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba, the wife of the Prophet when her father, Abu- Sufyan bin Herb had died. Um ,Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Apostle saying, 'It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.'"

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

I read in the Torah that the blessing of food consists in ablution before it. So I mentioned it to the Prophet (saws). He said: The blessing of food consists in ablution before it and ablution after it.

Sufyan disapproved of performing ablution before taking food.

Abu Dawud said: It is weak.

Allah's Apostle said, "The food for two persons is sufficient for three, and the food of three persons is sufficient for four persons."

The Prophet (saws) said: Sadaqah may not be given to a rich man or to one who has strength and is sound in limbs.

Abu Dawud said: This tradition has been transmitted by Sufyan from Sa'd bin Ibrahim like the tradition narrated by Ibrahim. The version of Shu'bah from Sa'd has: "for a man who has strength and is robust." The other version of this tradition from the Prophet (saws) have the words "for a man who has strength and is robust." Others have "for a man who has strength and is sound in limbs." 'Ata bin Zuhair said that he had met 'Abd Allah bin 'Amr who said: "Sadaqah is not lawful for a strong man nor for a man who has strength and is sound in limbs."

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 related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayb that a man asked Uthman ibn Affan whether one could have intercourse with two sisters who one owned. Uthman said, "One ayat makes them halal, and one ayat makes them haram. As for me, I wouldn't like to do it." The man left him and met one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, and asked him about it, and he said, "Had I any authority and I found someone who had done it, I would punish him as an example."

Ibn Shihab added, "I think that it was Ali ibn Abi Talib. "

AbulHaytham ibn at-Tayhan prepared food for the Messenger of Allah (saws), and he invited the Prophet (saws) and his Companions. When they finished (food), the said: If some people enter the house of a man, his food is eaten and his drink is drunk, and they supplicate (to Allah) for him, this is his reward.

Muhammad ibn AbulMujahid reported Abdullah ibn AbuAwfa as saying: I asked: Did you set aside the fifth of the food in the time of the Messenger of Allah (saws)? He replied: On the day of Khaybar we captured food and a man would come and take as much food of it as needed and then go away.

When Allah, Most High, revealed the verses: "Come not nigh to the orphan's property except to improve it". And "Those who unjustly eat up the property of orphans", everyone who had an orphan with him went and separated his food from his (orphan's) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled.

This fell heavy on them, and they mentioned this to the Messenger of Allah (saws). So Allah, Most High, revealed the verse: "They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren." Then they mixed their food with his food and their drink with his drink.

The Prophet never criticized any food (he was invited to) but he used to eat if he liked the food, and leave it if he disliked it.

The Prophet said, "When the people of Ash`ari tribe ran short of food during the holy battles, or the food of their families in Medina ran short, they would collect all their remaining food in one sheet and then distribute it among themselves equally by measuring it with a bowl. So, these people are from me, and I am from them."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

The Prophet said, "The prescribed Law of Allah is the equality in punishment (i.e. Al-Qisas)." (In cases of murders, etc.)

The Prophet (saws) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him.

AbuDawud said: This tradition has been narrated by Abdur Rahman ibn Mahdi, from Salih ibn Ruman, from Abu al-Zubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Messenger of Allah (saws) we used to contract temporary marriage for a handful of grain.

Abu Dawud said: This tradition has also been transmitted by Ibn Juraij from Abu al-Zubair on the authority of Jabir similar to the one narrated by Abu 'Asim.

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.

I said, "O Allah's Prophet! We are living in a land ruled by the people of the Scripture; Can we take our meals in their utensils? In that land there is plenty of game and I hunt the game with my bow and with my hound that is not trained and with my trained hound. Then what is lawful for me to eat?" He said, "As for what you have mentioned about the people of the Scripture, if you can get utensils other than theirs, do not eat out of theirs, but if you cannot get other than theirs, wash their utensils and eat out of it. If you hunt an animal with your bow after mentioning Allah's Name, eat of it. and if you hunt something with your trained hound after mentioning Allah's Name, eat of it, and if you hunt something with your untrained hound (and get it before it dies) and slaughter it, eat of it."

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."

Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "

Malik said, "If it is eaten when it is dead, there is no harm in who catches it."

‘Umar bin Al Khattab said “During the battle of Badr, the Prophet (saws) took ransom”. Thereupon Allaah Most High sent down “It is not fitting for an Apostle that he should have prisoners of war until he hath thoroughly subdued the land. You look on the temporal goods of this world, but Allaah looketh to the Hereafter”. And Allaah is exalted in might and Wise. Had it not been for a previous ordainment from Allaah, a severe penalty would have reached you for the (ransom) that you took. Allaah then made the spoils of war lawful.

Abu Dawud said “I heard that Ahmad bin Hanbal was asked about the name of Abu Nuh”. He said “What will you do with his name? His name is a bad one.

Abu Dawud said “the name of Abu Nuh is Qurad. What is correct is that his name is ‘Abd Al Rahman bin Ghazwan.

When the Messenger of Allah (saws) finished his food, he said: "Praise be to Allah Who has given us food and drink and made us Muslims."

Yahya related to me from Malik from Nafi that Hakim ibn Hizam traded in food for people as Umar ibn al-Khattab had ordered him to do. Hakim re-sold the food before he had taken delivery of it. That reached Umar ibn al-Khattab and he revoked the sale and said, "Do not sell food which you have purchased until you take delivery of it."

Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam asked Said ibn al-Musayyab's advice. "I am a man who buys food with receipts from al-Jar. Perhaps I will buy something for a dinar and half a dirham, and will be given food for a half." Said said, "No. You give a dirham, and take the rest in food." (A half dirham did not exist as a coin.)