Humayd al-Himyari said: I met a man (Companion of the Prophet) who remained in the company of the Prophet (saws) just as AbuHurayrah remained in his company. He then added: The Messenger of Allah (saws) forbade that anyone amongst us should comb (his hair) every day or urinate in the place where he takes a bath.

[Abu 'Eisa said:] There are narrations on this topic from Ibn 'Umar and Abu Hurairah. This Hadith is Hasan Sahih, and this is acted upon according to the people of knowledge.

We said to the Prophet, "You send us out and it happens that we have to stay with people who do not entertain us. What do you think about it? He said to us, "If you stay with some people and they entertain you as they should for a guest, accept their hospitality, but if they don't, take the right of the guest from them."

I said to `Uthman bin `Affan (while he was collecting the Qur'an) regarding the Verse:-- "Those of you who die and leave wives ..." (2.240) "This Verse was abrogated by an other Verse. So why should you write it? (Or leave it in the Qur'an)?" `Uthman said. "O son of my brother! I will not shift anything of it from its place."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked if anyone should recite behind an imam, said, "When you pray behind an imam then the recitation of the imam is enough for you and when you pray on your own you must recite." Nafi added, "Abdullah ibn 'Umar used not to recite behind the imam."

Yahya said that he heard Malik say, "The position with us is that aman recites behind the imam when the imam does not recite aloud and he refrains from reciting when the imam recites aloud."

Yahya related to me from Malik from Humayd ibn Qays from Ata ibn Rabah that a bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, when he was at Hunayn, and he was wearing a shirt with traces of yellow on it. He said, "Messenger of Allah, I have entered ihram for umra. What should I do?" The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Take off your shirt and wash off this yellowness and do in umra as you would do on hajj."

Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "

Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.

Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "

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

Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.

Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "

Malik said, "This is what I have heard about the matter."

To the Messenger of Allah (saws) was brought man wearing ihram who was thrown by his she-camel and has his neck broken and had died. He then said: Shroud him in his two garments, was him with water and lotus leaves, but do not cover his head, for he will be raised on the Day of Resurrection saying the talbiyah.

Abu Dawud said: I heard Ahmad b. Hanbal say: There are five rules of the law (sunan) in this tradition: "Shroud him in his two garment," that is, the dead should be shrouded in his two garments. "Wash him with water and lotus leaves," that is, washing all times should be with lotus leaves. Do not bring any perfume near him. The shroud will be made from the property (of the dead).

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 said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."

Abu Dawud said: That "it was given to servants to drink" means before it spoiled.

Abu Dawud said: Abu 'Umar Yahya al-Bahrani.

The Prophet said, "When you see a funeral procession, you should stand up, and whoever accompanies it should not sit till the coffin is put down."

Allah's Apostle said, "A buyer should not urge a seller to restore a purchase so as to buy it himself, and do not practice Najsh; and a town dweller should not sell goods of a desert dweller."

When Allah gave to His Apostle the war booty on the day of Hunain, he distributed that booty amongst those whose hearts have been (recently) reconciled (to Islam), but did not give anything to the Ansar. So they seemed to have felt angry and sad as they did not get the same as other people had got. The Prophet then delivered a sermon before them, saying, "O, the assembly of Ansar! Didn't I find you astray, and then Allah guided you on the Right Path through me? You were divided into groups, and Allah brought you together through me; you were poor and Allah made you rich through me." Whatever the Prophet said , they (i.e. the Ansar) said, "Allah and his Apostle have more favours to do." The Prophet said, "What stops you from answering the Apostle of Allah?" But whatever he said to them, they replied, "Allah and His Apostle have more favours to do." The Prophet then said, "If you wish you could say: 'You came to us in such-and-such state (at Medina).' Wouldn't you be willing to see the people go away with sheep and camels while you go with the Prophet to your homes? But for the migration, I would have been one of the Ansar, and if the people took their way through a valley or mountain pass, I would select the valley or mountain pass of the Ansar. The Ansar are Shiar (i.e. those clothes which are in direct contact with the body and worn inside the other garments), and the people are Dithar (i.e. those clothes which are not in direct contact with the body and are worn over other garments). No doubt, you will see other people favoured over you, so you should be patient till you meet me at the Tank (of Kauthar).

Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and- so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."

Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.

Malik said, "If a man's testimony is in agreement with what the woman testified to, that so- and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."

I suffered from an illness. The Messenger of Allah (saws) came to pay a visit to me. He put his hands between my nipples and I felt its coolness at my heart. He said: You are a man suffering from heart sickness. Go to al-Harith ibn Kaladah, brother of Thaqif. He is a man who gives medical treatment. He should take seven ajwah dates of Medina and grind them with their kernels, and then put them into your mouth.

Abu Dawud said: Al-Asma'i's version has: "You put it on it..."

Yahya related to me from Malik from Hisham ibn Urwa that his father used to kill his sacrificial animals while they were standing.

Malik said, "No-one is permitted to shave his head until he has killed his sacrificial animal, and no-one must sacrifice before dawn on the day of sacrifice. The things that should be done on the day of sacrifice are slaughtering, donning clothes, grooming the body generally (at-tafath) and shaving the head, and none of this may be done before the day of sacrifice."

From Jarir bin 'Abdullah that the Messenger of Allah (saws) sent a military expedition to Khath'am. So some people (living there) sought safety by prostrating, but they were met quickly and killed. News of this reached the Prophet (saws) upon which he commanded that they be given half of the 'Aql (blood money). And he said: "I am free from every Muslim that lives among the idolaters." They said:"O Messenger of Allah: How is that ?" He said: "They should not see each other's campfires."

That he used to give his verdict regarding the male or female slaves owned by more than one master, one of whom may manumit his share of the slave. Ibn `Umar used to say in such a case, "The manumitted should manumit the slave completely if he has sufficient money to pay the rest of the price of that slave (which is to be justly estimated) and the other shareholders are to take the price of their shares and the slave is freed (released from slavery)." Ibn `Umar narrated this verdict from the Prophet.

The Messenger of Allah (saws) saw a man that he was supported between his sons. He asked about him, and (the people) said: He has taken a vow to walk (on foot). Thereupon he said: Allah has no need that this man should punish himself, and he ordered him to ride.

Abu Dawud said: 'Amr b. Abi 'Amir has also narrated a similar tradition from al-A'raj on the authority of Abu Hurairah from the Prophet (saws).

Abu Dawud said: This tradition has been transmitted by Hammad b. Salamah, Zuhair b. Mu'awiyah and a group of narrators from Hisham. They transmitted it as a statement of Abu Hurairah himself (mauquf).

This tradition has also been transmitted by Ibn 'Awn from Muhammad (b. Sirin). This version has the wordings: These two rak'ahs were short.

Sa'id said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah (saws) wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion.

Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Ma'mar, from az-Zuhri on the authority of Sa'id. In this version he said: The Prophet (saws) made him governor over the bedouins.

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."

Yahya related to me from Malik from Ayyub ibn Musa from Mansur ibn Abd ar-Rahman al-Hajabi from his mother that A'isha, umm al- muminin, may Allah be pleased with her, was asked about a man who devoted his property to the door of Kaba. She said, "Let him do kaffara for it with the kaffara of the oath."

Malik said, that someone who devoted all his property in the way of Allah, and then broke his oath, should put a third of his property in the way of Allah, as that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the case of Abu Lubaba.

Yahya related to me from Malik from Amr ibn al-Harith from Ubayd ibn Fayruz from al-Bara ibn Azib that the Messenger of Allah, may Allah bless him and grant him peace, was asked what animals should be avoided as sacrifices. He indicated with his hand and said, "Four." Al-Bara pointed with his hand and said, "My hand is shorter than the hand of the Messenger of Allah, may Allah bless him and grant him peace. A lame animal whose lameness is evident, a one-eyed animal which is clearly one-eyed, an animal which is clearly ill, and an emaciated animal with no fat on it."

Yahya related to me from Malik from Yahya ibn Said that Abu Murra, the mawla of Aqil ibn Abi Talib asked Abu Hurayra about a sheep which was slaughtered and then part of it moved. He ordered him to eat it. Then he asked Zayd ibn Thabit about it, and he said, "Does a corpse move?" and he forbade eating its meat.

Malik was asked about a sheep which fell down and injured itself badly and then its master reached it and slaughtered it. Blood flowed from it but it did not move. Malik said, "If he kills it and blood flows from it and its eyes blink, he should eat it."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

We came to Jabir ibn Abdullah who was sitting in his mosque. He said: The Messenger of Allah (saws) came to us in this mosque and he had a twig of date-palm of the kind of Ibn Tab. He looked and saw phlegm on the wall towards qiblah. He turned to it and scraped it with the twig.

He then said: Who of you likes that Allah turns His face from him? He further said: When any of you stands for praying, Allah faces him. So he should not spit before him, nor on his right side. He should spit on his left side under his left foot. If he is in a hurry (i.e. forced to spit immediately), he should do with his cloth in this manner. He then placed the cloth on his mouth and rubbed it off.

He then said: Bring perfume. A young man of the tribe stood and hurried to his house and returned with perfume in his palm. The Messenger of Allah (saws) took it and put it at the end of the twig. He then stained the mark of phlegm with it.

Jabir said: This is the reason you use perfume in your mosques.

(on the authority of his father) The Prophet said, "Whoever passes through our mosques or markets with arrows should hold them by their heads lest he should injure a Muslim."

The Prophet saw some sputum on the wall facing the Qibla of the mosque and became furious with the people of the mosque and said, "During the prayer, Allah is in front of everyone of you and so he should not spit (or said, 'He should not expectorate')." Then he got down and scratched the sputum with his hand. Ibn `Umar said (after narrating), "If anyone of you has to spit during the prayer, he should spit to his left."

AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (saws) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.

He said: Ask the Messenger of Allah (saws) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me.

So they mentioned it to the Messenger of Allah (saws) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (saws) commanded them to take one hundred twigs and strike him once.

We went out with the Prophet : on a journey and the people suffered from lack of provisions. So `Abdullah bin Ubai said to his companions, "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him." He also said, "If we return to Medina, surely, the more honorable will expel therefrom the meaner. So I went to the Prophet and informed him of that. He sent for `Abdullah bin Ubai and asked him, but `Abdullah bin Ubai swore that he did not say so. The people said, "Zaid told a lie to 'Allah's Apostle." What they said distressed me very much. Later Allah revealed the confirmation of my statement in his saying:-- '(When the hypocrites come to you.' (63.1) So the Prophet called them that they might ask Allah to forgive them, but they turned their heads aside. (Concerning Allah's saying: 'Pieces of wood propped up,' Zaid said; They were the most handsome men.)

I went to the Prophet and tied my she-camel at the gate. The people of Bani Tamim came to the Prophet who said "O Bani Tamim! Accept the good tidings." They said twice, 'You have given us the good tidings, now give us something" Then some Yemenites came to him and he said, "Accept the good tidings, O people of Yemem, for Bani Tamim refused them." They said, "We accept it, O Allah's Apostle! We have come to ask you about this matter (i.e. the start of creations)." He said, "First of all, there was nothing but Allah, and (then He created His Throne). His throne was over the water, and He wrote everything in the Book (in the Heaven) and created the Heavens and the Earth." Then a man shouted, "O Ibn Husain! Your she-camel has gone away!" So, I went away and could not see the she-camel because of the mirage. By Allah, I wished I had left that she-camel (but not that gathering).

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."