Abu Dawud said: This tradition has also been narrated by Hafs b. Ghiyath from Hisham.

Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

Respond three times to your brother when he sneezes, and if he sneezes more often, he has a cold in his head.

"I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the `Isha' prayer whenever he was in a hurry during the journey." Salim narrated, "Ibn `Umar used to do the same whenever he was in a hurry during the journey." And Salim added, "Ibn `Umar used to pray the Maghrib and `Isha' prayers together in Al-Muzdalifa." Salim said, "Ibn `Umar delayed the Maghrib prayer because at that time he heard the news of the death of his wife Safiya bint Abi `Ubaid. I said to him, 'The prayer (is due).' He said, 'Go on.' Again I said, 'The prayer (is due).' He said, 'Go on,' till we covered two or three miles. Then he got down, prayed and said, 'I saw the Prophet praying in this way, whenever he was in a hurry during the journey.' `Abdullah (bin `Umar) added, "Whenever the Prophet was in a hurry, he used to delay the Maghrib prayer and then offer three rak`at (of the Maghrib) and perform Taslim, and after waiting for a short while, Iqama used to be pronounced for the `Isha' prayer when he would offer two rak`at and perform Taslim. He would never offer any optional prayer till the middle of the night (when he used to pray the Tahajjud)."

Abu Dawud said: This tradition has been narrated by Hammam from ibn Juhadah, but he did not mention the raising of hands after he raised his head at the end of the prostration.

The tradition, (of the Prophet) is that if someone marries a virgin and he has already a matron wife (with him), then he should stay with the virgin for seven days; and if someone marries a matron (and he has already a virgin wife with him) then he should stay with her for three days.

The Prophet said, "Pray before the Maghrib (compulsory) prayer." He (said it thrice) and in the third time, he said, "Whoever wants to offer it can do so." He said so because he did not like the people to take it as a tradition.

I saw a man whose opinion was accepted by the people, and whatever he said they submitted to it. I asked: Who is he? They said: This is the Messenger of Allah (saws). I said: On you be peace, Messenger of Allah, twice. He said: Do not say "On you be peace," for "On you be peace" is a greeting for the dead, but say "Peace be upon you".

I asked: You are the Messenger of Allah (may peace be upon you)? He said: I am the Messenger of Allah Whom you call when a calamity befalls you and He removes it; when you suffer from drought and you call Him, He grows food for you; and when you are in a desolate land or in a desert and your she-camel strays and you call Him, He returns it to you.

I said: Give me some advice. He said: Do not abuse anyone. He said that he did not abuse a freeman, or a slave, or a camel or a sheep thenceforth. He said: Do not look down upon any good work, and when you speak to your brother, show him a cheerful face. This is a good work. Have your lower garment halfway down your shin; if you cannot do it, have it up to the ankles. Beware of trailing the lower garment, for it is conceit and Allah does not like conceit. And if a man abuses and shames you for something which he finds in you, then do not shame him for something which you find in him; he will bear the evil consequences for it.

A man who had the mark of yellowness on him came to the Messenger of Allah (saws). The apostle of Allah (saws) rarely mentioned anything of a man which he disliked before him. When he went out, he said: Would that you asked him to wash it from him.

Abu Dawud said: Salam is not 'Alawi (from the descendants of 'Ali). He used to foretell events by stars. He bore witness before 'Abi b. Arafat to the visibility of moon, but he did not accept his witness.

Am effeminate man (mukhannath) who had dyed his hands and feet with henna was brought to the Prophet (saws). He asked: What is the matter with this man? He was told: "Messenger of Allah! He imitates the look of women." So he issued an order regarding him and he was banished to an-Naqi'. The people said: Messenger of Allah! Should we not kill him? He said: I have been prohibited from killing people who pray. AbuUsamah said: Naqi' is a region near Medina and not a Baqi'.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."

Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."

Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "

The Prophet saw expectoration (on the wall of the mosque) in the direction of the Qibla and scraped it off with his hand. It seemed that he disliked it and the sign of disgust was apparent from his face. He said, "If anyone of you stands for the prayer, he is speaking in private to his Lord, (or) his Lord is between him and his Qibla, therefore he should not spit towards his Qibla, but he could spit either on his left or under his foot." Then he took the corner of his sheet and spat in it, folded it and said, "Or do this."

"The Messenger of Allah (saws) was staying with Abu Ayyub. When he ate some food, he would send what was left to him. So one day he sent him some food but the Prophet (saws) did not eat from it. So Abu Ayyub went to the Prophet (saws) and mentioned that to him. The Prophet (saws) said: 'It contained garlic.' So he said: 'O Messenger of Allah! Is it unlawful?' He said: 'No, I dislike it because of its odor.'"

He said: This Hadith is Hasan Sahih.

The Prophet (saws) as saying: I swear by Allah, I shall fight against the Quraish. The then said: If Allah wills. He again said: I swear by Allah, I shall fight against the Quraish if Allah wills. He again said: I swear by Allah, I shall fight against the Quraish. He then kept silence. Then he said: If Allah wills.

Abu Dawud said: Al-Walid b. Muslim said on the authority of Sharik: He then said: But he did not fight against them.

Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"

The Prophet delivered to us a sermon on the Day of Nahr. He said, "Do you know what is the day today?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give that day another name. He said, "Isn't it the Day of Nahr?" We said, "It is." He further asked, "Which month is this?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the month of Dhul-Hijja?" We replied: "Yes! It is." He further asked, "What town is this?" We replied, "Allah and His Apostle know it better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the forbidden (Sacred) town (of Mecca)?" We said, "Yes. It is." He said, "No doubt, your blood and your properties are sacred to one another like the sanctity of this day of yours, in this month of yours, in this town of yours, till the day you meet your Lord. No doubt! Haven't I conveyed Allah's message to you? They said, "Yes." He said, "O Allah! Be witness. So it is incumbent upon those who are present to convey it (this information) to those who are absent because the informed one might comprehend it (what I have said) better than the present audience, who will convey it to him. Beware! Do not renegade (as) disbelievers after me by striking the necks (cutting the throats) of one another."

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

AbuZumayl said: I asked Ibn Abbas, saying: What is that I find in my breast? He asked: What is it? I replied: I swear by Allah, I cannot speak about it. He asked me: Is it something doubtful? and he laughed. He then said: No one could escape that, until Allah, the exalted, revealed: "If thou went in doubt as to what we have revealed unto thee, and ask those who have been reading the Book from before thee." He said: If you find something in your heart, say: He is the first and the Last, the Evident and the Immanent, and He has full knowledge of all things.