Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm, "Do not retain them by force, to transgress. Whoever does that has wronged himself." (Sura 2 ayat 231). Allah warns them by that ayat.

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar wrote to Abd al-Malik ibn Marwan, making an oath of allegiance. He wrote, "In the name of Allah, the Merciful, the Compassionate. To the slave of Allah, Abd al-Malik, the amir al-muminin, Peace be upon you. I praise Allah to you. There is no god but Him. I acknowledge your right to my hearing and my obedience according to the sunna of Allah and the sunna of His Prophet, in what I am able."

Malik related to me from Safwan ibn Sulaym that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "Can I lie to my wife, Messenger of Allah?" The Messenger of Allah, may Allah bless him and grant him peace, said, "There is no good in lying." The man said, "Messenger of Allah! Shall I make her a promise and tell her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It will not be held against you."

Malik related to me that he heard that when the Messenger of Allah, may Allah bless him and grant him peace, set foot in the stirrup intending to travel, he would say, "In the name of Allah. O Allah! You are my companion in the journey and the Khalifa of my family. O Allah! Spread out the earth for us and make the journey easy for us. O Allah! I seek refuge with You from the hardship of the journey and from returning to sorrow and a distressing sight regarding property and family."

I asked Mujahid regarding the prostration in Surat Sa`d. He said, "I asked Ibn `Abbas, 'What evidence makes you prostrate?' He said, "Don't you recite:--'And among his progeny, David and Solomon..(6.84). Those are they whom Allah had guided. So follow their guidance.' (6.90) So David was the one of those prophets whom Prophet (Muhammad) was ordered to follow. David prostrated, so Allah's Apostle (Muhammad) performed this prostration too.'

Allah's Apostle said," (On the Day of Resurrection) any one whose account will be taken will be ruined (i.e. go to Hell)." I said, "O Allah's Apostle! May Allah make me be sacrificed for you. Doesn't Allah say: "Then as for him who will be given his record in his right hand, he surely will receive an easy reckoning.?" (84.7-8) He replied, "That is only the presentation of the accounts; but he whose record is questioned, will be ruined."

(This hadith is also narrated through two other chains)

that while the Prophet was with her, there was an effeminate man in the house. The effeminate man said to Um Salama's brother, `Abdullah bin Abi Umaiyya, "If Allah should make you conquer Ta'if tomorrow, I recommend that you take the daughter of Ghailan (in marriage) for (she is so fat) that she shows four folds of flesh when facing you and eight when she turns her back." Thereupon the Prophet said (to us), "This (effeminate man) should not enter upon you (anymore).

`Imran bin Hussain said, "The Prophet said, 'The best of you (people) are my generation, and the second best will be those who will follow them, and then those who will follow the second generation." `Imran added, "I do not remember whether he mentioned two or three (generations) after his generation. He added, 'Then will come some people who will make vows but will not fulfill them; and they will be dishonest and will not be trustworthy, and they will give their witness without being asked to give their witness, and fatness will appear among them.' "

During the lifetime of the Prophet there was a man called `Abdullah whose nickname was Donkey, and he used to make Allah's Apostle laugh. The Prophet lashed him because of drinking (alcohol). And one-day he was brought to the Prophet on the same charge and was lashed. On that, a man among the people said, "O Allah, curse him ! How frequently he has been brought (to the Prophet on such a charge)!" The Prophet said, "Do not curse him, for by Allah, I know for he loves Allah and His Apostle."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, used to make dua saying, "O Allah, I askYou for good actions and for leaving what is disapproved of and for love of the poor. And if You wish to try people, then bring me to You without being tried."

Allahumma inniy asa'luka fala'l-khayrati, wa tarqa'l-munqarati, wa hubba'l-masakin, wa idha aradta fi'n-nasi fitnatan fa'qbithni ilayka ghayra maftun.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Every child is born on the fitra and it is his parents who make him a jew or a christian. Just as a camel is born whole - do you perceive any defect?" They said, "Messenger of Allah, what happens to people who die when they are (very) young?" He said, "Allah knows best what they used to do."

Yahya related to me from Malik that he had heard the people of knowledge telling people not to fast on the day in Shaban when there was doubt (about whether it was Shaban or Ramadan), if they intended by it the fast of Ramadan . They considered that whoever fasted on that day without having seen (the new moon) had to make up that day if it later became clear that it was part of Ramadan. They did not see any harm in voluntary fasting on that day.

Malik said, "This is what we do, and what I have seen the people of knowledge in our city doing."

Yahya related to me from Malik from Jafar ibn Muhammed ibn AIi from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, used to say, "Allah is greater" three times when he stopped on Safa, and "There is no god but Allah, alone, without any partner. To Him belong the Kingdom and praise, and He has power over everything" three times, and make dua. He would then do the same on Marwa.

The Prophet said, "Whoever has the following four (characteristics) will be a pure hypocrite and whoever has one of the following four characteristics will have one characteristic of hypocrisy unless and until he gives it up.

1. Whenever he is entrusted, he betrays.

2. Whenever he speaks, he tells a lie.

3. Whenever he makes a covenant, he proves treacherous.

4. Whenever he quarrels, he behaves in a very imprudent, evil and insulting manner."

A man came and said, "O Allah's Apostle! I keep away from the morning prayer because so-and-so (Imam) prolongs it too much." Allah's Apostle became furious and I had never seen him more furious than he was on that day. The Prophet said, "O people! Some of you make others dislike the prayer, so whoever becomes an Imam he should shorten the prayer, as behind him are the weak, the old and the needy.''

One night Allah's Apostle came to me and Fatima, the daughter of the Prophet and asked, "Won't you pray (at night)?" I said, "O Allah's Apostle! Our souls are in the hands of Allah and if He wants us to get up He will make us get up." When I said that, he left us without saying anything and I heard that he was hitting his thigh and saying, "But man is more quarrelsome than anything." (18.54)

A man said to the Prophet "Tell me of such a deed as will make me enter Paradise." The people said, "What is the matter with him? What is the matter with him?" The Prophet said, "He has something to ask. (What he needs greatly) The Prophet said: (In order to enter Paradise) you should worship Allah and do not ascribe any partners to Him, offer prayer perfectly, pay the Zakat and keep good relations with your Kith and kin." (See Hadith No. 12, Vol 8).

When the above verses were revealed: 'Until the white thread appears to you, distinct from the black thread,' I took two (hair) strings, one black and the other white, and kept them under my pillow and went on looking at them throughout the night but could not make anything out of it. So, the next morning I went to Allah's Apostle and told him the whole story. He explained to me, "That verse means the darkness of the night and the whiteness of the dawn."

Aisha said to me, "O my nephew! We used to see the crescent, and then the crescent and then the crescent in this way we saw three crescents in two months and no fire (for cooking) used to be made in the houses of Allah's Apostle. I said, "O my aunt! Then what use to sustain you?" `Aisha said, "The two black things: dates and water, our neighbors from Ansar had some Manarh and they used to present Allah's Apostle some of their milk and he used to make us drink."

That the Prophet once came to her in a state of fear and said, "None has the right to be worshipped but Allah. Woe unto the Arabs from a danger that has come near. An opening has been made in the wall of Gog and Magog like this," making a circle with his thumb and index finger. Zainab bint Jahsh said, "O Allah's Apostle! Shall we be destroyed even though there are pious persons among us?" He said, "Yes, when the evil person will increase."

A woman came to the Prophet (saws) while we were with him.

She said: Messenger of Allah, my husband, Safwan ibn al-Mu'attal, beats me when I pray, and makes me break my fast when I keep a fast, and he does not offer the dawn prayer until the sun rises.

He asked Safwan, who was present, about what she had said. He replied: Messenger of Allah, as for her statement "he beats me when I pray", she recites two surahs (during prayer) and I have prohibited her (to do so).

He (the Prophet) said: If one surah is recited (during prayer), that is sufficient for the people.

(Safwan continued:) As regards her saying "he makes me break my fast," she dotes on fasting; I am a young man, I cannot restrain myself.

The Messenger of Allah (saws) said on that day: A woman should not fast except with the permission of her husband.

(Safwan said:) As for her statement that I do not pray until the sun rises, we are a people belonging to a class, and that (our profession of supplying water) is already known about us. We do not awake until the sun rises. He said: When you awake, offer your prayer.

Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."

Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."

Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."

Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "

32.4 Conditions Permitted in Qirad

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

When Allah's Apostle became seriously ill, Bilal came to him for the prayer. He said, "Tell Abu Bakr to lead the people in the prayer." I said, "O Allah's Apostle! Abu Bakr is a softhearted man and if he stands in your place, he would not be able to make the people hear him. Will you order `Umar (to lead the prayer)?" The Prophet said, "Tell Abu Bakr to lead the people in the prayer." Then I said to Hafsa, "Tell him, Abu i Bakr is a softhearted man and if he stands in his place, he would not be able to make the people hear him. Would you order `Umar to lead the prayer?' " Hafsa did so. The Prophet said, "Verily you are the companions of Joseph. Tell Abu Bakr to lead the people in the prayer." So Abu- Bakr stood for the prayer. In the meantime Allah's Apostle felt better and came out with the help of two persons and both of his legs were dragging on the ground till he entered the mosque. When Abu Bakr heard him coming, he tried to retreat but Allah's Apostle beckoned him to carry on. The Prophet sat on his left side. Abu Bakr was praying while standing and Allah's Apostle was leading the prayer while sitting. Abu Bakr was following the Prophet and the people were following Abu Bakr (in the prayer).

I left for Mecca for Hajj-at-Tamattu` assuming Ihram for `Umra. I reached Mecca three days before the day of Tarwiya (8th Dhul-Hijja). Some people of Mecca said to me, "Your Hajj will be like the Hajj performed by the people of Mecca (i.e. you will lose the superiority of assuming Ihram from the Miqat). So I went to `Ata' asking him his view about it. He said, "Jabir bin `Abdullah narrated to me, 'I performed Hajj with Allah's Apostle on the day when he drove camels with him. The people had assumed Ihram for Hajj-al-Ifrad. The Prophet ordered them to finish their Ihram after Tawaf round the Ka`ba, and between Safa and Marwa and to cut short their hair and then to stay there (in Mecca) as non-Muhrims till the day of Tarwiya (i.e. 8th of Dhul-Hijja) when they would assume Ihram for Hajj and they were ordered to make the Ihram with which they had come as for `Umra only. They asked, 'How can we make it `Umra (Tamattu`) as we have intended to perform Hajj?' The Prophet said, 'Do what I have ordered you. Had I not brought the Hadi with me, I would have done the same, but I cannot finish my Ihram till the Hadi reaches its destination (i.e. is slaughtered).' So, they did (what he ordered them to do)."

That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set out with Allah's Apostle and the non-believers of Quraish prevented us from reaching the Ka`ba, and so the Prophet slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will do the same as the Prophet did while I was in his company." Ibn `Umar then assumed Ihram for Umra from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say, "I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of Safa and Marwa for both `Umra and Hajj).

Malik ibn Aws al-Hadthan said: One of the arguments put forward by Umar was that he said that the Messenger of Allah (saws) received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept wholly for his emergent needs, Fadak for travellers, and Khaybar was divided by the Messenger of Allah (saws) into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.

A desert Arab came and making his camel kneel and tethering it, entered the mosque and prayed behind the Messenger of Allah (saws). When The Messenger of Allah (saws) had given the salutation, he went to his riding beast and, after untethering and riding it, he called out: O Allah, show mercy to me and to Muhammad and associate no one else in Thy mercy to us. The Messenger of Allah (saws) then said: Do you think that he or his camel is farther astray? Did you not listen to what he said? They replied: Certainly.

AbdurRahman ibn AbuLayla, quoting Usayd ibn Hudayr, a man of the Ansar, said that while he was given to jesting and was talking to the people and making them laugh, the Prophet (saws) poked him under the ribs with a stick. He said: Let me take retaliation. He said: Take retaliation. He said: You are wearing a shirt but I am not. The Prophet (saws) then raised his shirt and the man embraced him and began to kiss his side. Then he said: This is what I wanted, Messenger of Allah!