I was a Christian Bedouin; then I embraced Islam. I came to a man of my tribe, who was called Hudhaym ibn Thurmulah. I said to him. O brother, I am eager to wage war in the cause of Allah (i.e. jihad), and I find that both hajj and umrah are due from me. How can I combine them?

He said: Combine them and sacrifice the animal made easily available for you. I, therefore, raised my voice in talbiyah for both of them (i.e. umrah and hajj). When I reached al-Udhayb, Salman ibn Rabi'ah and Zayd ibn Suhan met me while I was raising my voice in talbiyah for both of them.

One of them said to the other: This (man) does not have any more understanding than his camel. Thereupon it was as if a mountain fell on me.

I came to Umar ibn al-Khattab (may Allah be pleased with him) and said to him: Commander of the Faithful, I was a Christian Bedouin, and I have embraced Islam. I am eager to wage war in the cause of Allah (jihad), and I found that both hajj and umrah were due from me. I came to a man of my tribe who said to me: Combine both of them and sacrifice the animal easily available for you. I have raised my voice in talbiyah for both of them.

Umar thereupon said to me: You have been guided to the practice (sunnah) of your Prophet) (saws).

Ziyad related to me from Malik that he had heard that Said ibn al-Musayyab used to say, "Whoever is present at isha on Laylat al-Qadr has taken his portion from it."

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."

Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.

Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join ...

A man passed by Allah's Apostle and Allah s Apostle asked (his companions) "What do you say about this (man)?" They replied "If he asks for a lady's hand, he ought to be given her in marriage; and if he intercedes (for someone) his intercessor should be accepted; and if he speaks, he should be listened to." Allah's Apostle kept silent, and then a man from among the poor Muslims passed by, an Allah's Apostle asked (them) "What do you say about this man?" They replied, "If he asks for a lady's hand in marriage he does not deserve to be married, and he intercedes (for someone), his intercession should not be accepted; And if he speaks, he should not be listened to.' Allah's Apostle said, "This poor man is better than so many of the first as filling the earth.'

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

Yahya related to me from Malik that Yahya ibn Said said, "I have heard that the first of the actions of a slave to be considered on the day of rising is the prayer. If it is accepted from him, the rest of his actions will be considered, and if it is not accepted from him, none of his actions will be considered."

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take ...

The Prophet (saws) said: That I sit in the company of the people who remember Allah the Exalted from morning prayer till the sun rises is dearer to me than that I emancipate four slaves from the children of Isma`il, and that I sit with the people who remember Allah from afternoon prayer till the sun sets is dearer to me than that I emancipate four slaves.

My foster uncle came and asked permission (to enter) but I refused to admit him till I asked Allah's Apostle about that. He said, "He is your uncle, so allow him to come in." I said, "O Allah's Apostle! I have been suckled by a woman and not by a man." Allah's Apostle said, "He is your uncle, so let him enter upon you." And that happened after the order of Al-Hijab (compulsory veiling) was revealed. All things which become unlawful because of blood relations are unlawful because of the corresponding foster suckling relations.

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

You people recite this verse "You who believe, care for yourselves; he who goes astray cannot harm you when you are rightly-guided," and put it in its improper place.

Khalid's version has: We heard the Prophet (saws) say: When the people see a wrongdoer and do not prevent him, Allah will soon punish them all. Amr ibn Hushaym's version has: I heard the Messenger of Allah (saws) say: If acts of disobedience are done among any people and do not change them though the are able to do so, Allah will soon punish them all.

Adu Dawud said: This tradition has also been transmitted by Abu Usamah and a group transmitters similar to the version narrated by Khalid. The version of Shu'bah has: "If acts of obedience are done among any people who are more numerous than those who do them...."

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

Yahya related to me from Malik that he had heard Rabia ibn Abi Abd ar-Rahman saying the same about that as what Ikrama related from Ibn Abbas.

Malik said, "That is what I like most out of what I have heard about the matter."

Malik was asked about a man who forgot the tawaf al-ifada until he had left Makka and returned to his community and he said, "I think that he should go back and do the tawaf al-ifada, as long as he has not had sexual relations with women. If, however, he has had sexual relations with women, then he should not only return and do the tawaf al-ifada, but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there, but if he has not brought one with him from wherever it was he set out to do umra, he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there."

When Allah's Apostle landed at Al-Hijr during the Ghazwa of Tabuk, he ordered his companions not to drink water from its well or reserve water from it. They said, "We have already kneaded the dough with its water. and also filled our bags with its water.'' On that, the Prophet ordered them to throw away the dough and pour out the water.

Um (the mother of) Haritha came to Allah's Apostle after Haritha had been martyred on the Day (of the battle) of Badr by an arrow thrown by an unknown person. She said, "O Allah's Apostle! You know the position of Haritha in my heart (i.e. how dear to me he was), so if he is in Paradise, I will not weep for him, or otherwise, you will see what I will do." The Prophet said, "Are you mad? Is there only one Paradise? There are many Paradises, and he is in the highest Paradise of Firdaus." The Prophet added, "A forenoon journey or an after noon journey in Allah's Cause is better than the whole world and whatever is in it; and a place equal to an arrow bow of anyone of you, or a place equal to a foot in Paradise is better than the whole world and whatever is in it; and if one of the women of Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven) with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over ...

From his father that the Messenger of Allah (saws) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (saws) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (saws) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (saws) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (saws).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (saws).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (saws) is the most correct [of what has been reported on this topic]."

The Prophet said, 'The example of a good pious companion and an evil one is that of a person carrying musk and another blowing a pair of bellows. The one who is carrying musk will either give you some perfume as a present, or you will buy some from him, or you will get a good smell from him, but the one who is blowing a pair of bellows will either burn your clothes or you will get a bad smell from him."

Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'

Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'

''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

Allah's Apostle offered the prayer on the day of Nahr and then delivered the Khutba and ordered that whoever had slaughtered his sacrifice before the prayer should repeat it, that is, should slaughter another sacrifice. Then a person from the Ansar stood up and said, "O Allah's Apostle! because of my neighbors (he described them as being very needy or poor) I slaughtered before the prayer. I have a young she-goat which, in my opinion, is better than two sheep." The Prophet gave him the permission for slaughtering it as a sacrifice.

The people landed at the land of Thamud called Al-Hijr along with Allah's Apostle and they took water from its well for drinking and kneading the dough with it as well. (When Allah's Apostle heard about it) he ordered them to pour out the water they had taken from its wells and feed the camels with the dough, and ordered them to take water from the well whence the she-camel (of Prophet Salih) used to drink.

Allah's Apostle said to me, "You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' Then you were shown to me, the angel carrying you in a silken piece of cloth, and I said (to him), 'Uncover (her), and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' "

That the Prophet (saws) said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge followed this Hadith, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an equivalent to what the other took of his.

Some of the people of knowledge among the Tabi'in allowed that. This is the view of Sufyan Ath-Thawri, he said: "If one man has some Dirham that belong to another, and the second has some Dinar belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."

The fact which stops me from narrating a great number of Hadiths to you is that the Prophet said: "Whoever tells a lie against me intentionally, then (surely) let him occupy his seat in Hell-fire."

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

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

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

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

Ka'b ibn Malik said to AbuLubabah; or someone else whom Allah wished; or to the Prophet (saws): To make my repentance complete I should depart from the house of my people in which I fell into sin, and that I should divest myself of all my property as sadaqah (alms). He said: A third (of your property) will be sufficient for you.

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar and from Busr ibn Said and from al-Araj-all of whom related it from Abu Hurayra - that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever manages to do a raka of subh before the sun has risen has done subh in time, and whoever manages to do a raka of asr before the sun has set has done asr in time."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala that Humayd ibn Malik ibn Khu'haym said, "I was sitting with Abu Hurayra on his land at al-Aqiq. Some people rode out from Madina to call upon Abu Hurayra. He told me to go to his mother, sending his greetings and asking her to prepare some food." Humayd continued, "She set down three loaves on a plate and some oil and salt. Then she put it on my head and I carried it to them. When I set it before them, Abu Hurayra said, 'Allah is greater' and added, 'Praise be to Allah who has filled us with bread after our food had previously been only water and dates,' as the people did not touch any of the food.

When they left, he said, 'O son of my brother, be good to your sheep and wipe the mucus from them and clean their pen. Pray in their quarter for they are among the animals of the Garden. By He in Whose Hand my self is, a time is about to come upon people when a small group of sheep will be more beloved to their owner than the house of Marwan . ' "

That when they reached Medina after returning from Yazid bin Mu'awaiya after the martyrdom of Husain bin `Ali (may Allah bestow His Mercy upon him), Al-Miswar bin Makhrama met him and said to him, "Do you have any need you may order me to satisfy?" `Ali said, "No." Al-Miswar said, Will you give me the sword of Allah's Apostle for I am afraid that people may take it from you by force? By Allah, if you give it to me, they will never be able to take it till I die." When `Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man) (See Hadith No. 76, Vo. 5).

`Uqba bin `Amr said to Hudhaifa, "Won't you relate to us of what you have heard from Allah's Apostle ?" He said, "I heard him saying, "When Al-Dajjal appears, he will have fire and water along with him. What the people will consider as cold water, will be fire that will burn (things). So, if anyone of you comes across this, he should fall in the thing which will appear to him as fire, for in reality, it will be fresh cold water." Hudhaifa added, "I also heard him saying, 'From among the people preceding your generation, there was a man whom the angel of death visited to capture his soul. (So his soul was captured) and he was asked if he had done any good deed.' He replied, 'I don't remember any good deed.' He was asked to think it over. He said, 'I do not remember, except that I used to trade with the people in the world and I used to give a respite to the rich and forgive the poor (among my debtors). So Allah made him enter Paradise." Hudhaifa further said, "I also heard him saying, 'Once there was a man on his death-bed, who, losing every hope of surviving said to his family: When I die, gather for me a large heap of wood and make a fire (to burn me). When the fire eats my meat and reaches my bones, and when the bones burn, take and crush them into powder and wait for a windy day to throw it (i.e. the powder) over the sea. They did so, but Allah collected his particles and asked him: Why did you do so? He replied: For fear of You. So Allah forgave him." `Uqba bin `Amr said, "I heard him saying that the Israeli used to dig the grave of the dead (to steal their shrouds).

When Abu Musa arrived (at Kufa as a governor) he honored this family of Jarm (by paying them a visit). I was sitting near to him, and he was eating chicken as his lunch, and there was a man sitting amongst the people. Abu Musa invited the man to the lunch, but the latter said, "I saw chickens (eating something (dirty) so I consider them unclean." Abu Musa said, "Come on! I saw the Prophet eating it (i.e. chicken)." The man said "I have taken an oath that I will not ea (chicken)" Abu Musa said." Come on! I will tell you about your oath. We, a group of Al-Ash`ariyin people went to the Prophet and asked him to give us something to ride, but the Prophet refused. Then we asked him for the second time to give us something to ride, but the Prophet took an oath that he would not give us anything to ride. After a while, some camels of booty were brought to the Prophet and he ordered that five camels be given to us. When we took those camels we said, "We have made the Prophet forget his oath, and we will not be successful after that." So I went to the Prophet and said, "O Allah' Apostle ! You took an oath that you would not give us anything to ride, but you have given us." He said, "Yes, for if I take an oath and later I see a better solution than that, I act on the later (and gave the expiation of that oaths"

I said to Ibn `Abbas, "Nauf Al-Bikali claims that Moses, the companion of Al-Khadir was not the Moses of the children of Israel" Ibn `Abbas said, "The enemy of Allah (Nauf) told a lie." Narrated Ubai bin Ka`b that he heard Allah's Apostle saying, "Moses got up to deliver a speech before the children of Israel and he was asked, Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah admonished him for he did not ascribe knowledge to Allah alone. So Allah revealed to him: 'At the junction of the two seas there is a slave of Ours who is more learned than you.' Moses asked, 'O my Lord, how can I meet him?' Allah said, 'Take a fish and put it in a basket (and set out), and where you, will lose the fish, you will find him.' So Moses (took a fish and put it in a basket and) set out, along with his boy-servant Yusha` bin Noon, till they reached a rock (on which) they both lay their heads and slept. The fish moved vigorously in the basket and got out of it and fell into the sea and there it took its way through the sea (straight) as in a tunnel). (18.61) Allah stopped the current of water on both sides of the way created by the fish, and so that way was like a tunnel. When Moses got up, his companion forgot to tell him about the fish, and so they carried on their journey during the rest of the day and the whole night. The next morning Moses asked his boy-servant 'Bring us our early meal; no doubt, we have suffered much fatigue in this journey of ours.' (18.62) Moses did not get tired till he had passed the place which Allah had ordered him to seek after. His boy-servant then said to him,' 'Do you remember when we be-took ourselves to the rock I indeed forgot the fish, none but Satan made me forget to remember it. It took its course into the sea in a marvelous way.' (18.63) There was a tunnel for the fish and for Moses and his boy-servant there was astonishment. Moses said, 'That is what we have been seeking'. So they went back retracing their footsteps. (18.64) They both returned, retracing their steps till they reached the rock. Behold ! There they found a man covered with a garment. Moses greeted him. Al-Khadir said astonishingly. 'Is there such a greeting in your land?' Moses said, 'I am Moses.' He said, 'Are you the Moses of the children of Israel?' Moses said, 'I have come to you so that you may teach me of what you have been taught. Al-Khadir said, 'You will not ...

The Prophet (saws) said: Beware! I have been given the Qur'an and something like it, yet the time is coming when a man replete on his couch will say: Keep to the Qur'an; what you find in it to be permissible treat as permissible, and what you find in it to be prohibited treat as prohibited. Beware! The domestic ass, beasts of prey with fangs, a find belonging to confederate, unless its owner does not want it, are not permissible to you If anyone comes to some people, they must entertain him, but if they do not, he has a right to mulct them to an amount equivalent to his entertainment.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."