The Prophet (saws) said to me: 'Abd al-Rahman b. Samurah, when you swear an oath and consider something else to be better than it, do the thing that is beter and make atonement for your oath.

Abu Dawud said: I heard Ahmad (b. Hanbal) permitting to make atonement before breaking the oath.

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 and above the amount of the debt that he owes, then he must pay zakat on it."

AbuHurayrah replied: Yes. Marwan then asked: When? AbuHurayrah said: On the occasion of the Battle of Najd. The Messenger of Allah (saws) stood up to offer the afternoon prayer. One section stood with him (to pray) and the other was standing before the enemy, and their backs were towards the qiblah. The Messenger of Allah (saws) uttered the takbir and all of them too uttered the takbir, i.e. those who were with him and those who were facing the enemy. Then the Messenger of Allah (saws) offered one rak'ah and the section that was with him also prayed one rak'ah. He then prostrated himself and those who were with him also prostrated, while the other section was standing before the enemy.

The Messenger of Allah (saws) then stood up and the section with him also stood up. They went and faced the enemy and the section that was previously facing the enemy stepped forward. They bowed and prostrated while the Messenger of Allah (saws) was standing in the same position. Then they stood up and the Messenger of Allah (may peace be upon) prayed another rak'ah and all of them bowed and prostrated along with him. After that the section that was standing before the enemy came forward and they bowed and prostrated, while the Messenger of Allah (saws) remained seated and also those who were with him. The salutation then followed. The Messenger of Allah (saws) uttered the salutation and all of them uttered it together. The Messenger of Allah (saws) prayed two rak'ahs and each of the two sections prayed one rak'ah with him (and the other by themselves).

that he had heard Hudhaifa saying, "Once I was sitting with `Umar and he said, 'Who amongst you remembers the statement of Allah's Apostle about the afflictions?' I said, 'I know it as the Prophet had said it.' `Umar said, 'No doubt you are bold.' I said, 'The afflictions caused for a man by his wife, money, children and neighbor are expiated by his prayers, fasting, charity and by enjoining (what is good) and forbidding (what is evil).' `Umar said, 'I did not mean that but I asked about that affliction which will spread like the waves of the sea.' I (Hudhaifa) said, 'O leader of the faithful believers! You need not be afraid of it as there is a closed door between you and it.' `Umar asked, Will the door be broken or opened?' I replied, 'It will be broken.' `Umar said, 'Then it will never be closed again.' I was asked whether `Umar knew that door. I replied that he knew it as one knows that there will be night before the tomorrow morning. I narrated a Hadith that was free from any misstatement" The subnarrator added that they deputized Masruq to ask Hudhaifa (about the door). Hudhaifa said, "The door was `Umar himself."

The Prophet prayed facing Bait-ulMaqdis (i.e. Jerusalem) for sixteen or seventeen months but he wished that his Qibla would be the Ka`ba (at Mecca). (So Allah Revealed (2.144) and he offered `Asr prayers(in his Mosque facing Ka`ba at Mecca) and some people prayed with him. A man from among those who had prayed with him, went out and passed by some people offering prayer in another mosque, and they were in the state of bowing. He said, "I, (swearing by Allah,) testify that I have prayed with the Prophet facing Mecca." Hearing that, they turned their faces to the Ka`ba while they were still bowing. Some men had died before the Qibla was changed towards the Ka`ba. They had been killed and we did not know what to say about them (i.e. whether their prayers towards Jerusalem were accepted or not). So Allah revealed:-- "And Allah would never make your faith (i.e. prayer) to be lost (i.e. your prayers offered (towards Jerusalem). Truly Allah is Full of Pity, Most Merciful towards mankind." (2.143)

Yahya related to me from Malik from Makhrama ibn Sulayman from Kurayb, the mawla of Ibn Abbas, that Abdullah ibn Abbas told him that he had spent a night at the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, who was also Ibn Abbas' mother's sister. Ibn Abbas said, "I lay down with my head on the breadth of the cushion, and the Messenger of Allah, may Allah bless him and grant him peace, and his wife lay down with their heads on its length. The Messenger of Allah, may Allah bless him and grant him peace, slept, until, halfway through the night or a little before or after it, he awoke and sat up and wiped the sleep away from his face with his hand. Then he recited the last ten ayats of sura Ali Imran (Sura3). Then he got up and went over to a water-skin which was hanging up and did wudu from it, doing his wudu thoroughly, and then he stood in prayer."

Ibn Abbas continued, "I stood up and did the same and then went and stood by his side. The Messenger of Allah, may Allah bless him and grant him peace, put his right hand on my head and took my right ear and tweaked it. He prayed two rakas, then two rakas, then two rakas, then two rakas, then two rakas, then two rakas, and then prayed an odd raka. Then he lay down until the muadhdhin came to him, and then prayed two quick rakas, and went out and prayed subh ."

Some people of the deputation which came to my father reported the Messenger of Allah (saws) as saying: Any physician who practises medicine when he was not known as a practitioner before that and he harms (the patients) he will be held responsible. AbdulAziz said: Here physician does not refer to a man by qualification. it means opening a vein, incision and cauterisation.

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

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

Ibn 'Abbas reported that the Messenger of Allah (may peace be upon him) went out on the day of Adha or Fitr and observed two rak'ahs, and did not observe prayer (at that place) before and after that. He then came to the women along with Bilal and commanded them to give alms and the women began to give their rings and necklaces. This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters.

That he heard a man reciting a Quranic Verse which he had heard the Prophet reciting in a different way. So he took that man to the Prophet (and told him the story). The Prophet said, "Both of you are reciting in a correct way, so carry on reciting." The Prophet further added, "The nations which were before you were destroyed (by Allah) because they differed."

`Abdullah said, "The Prophet arranged for a horse race, and the prepared horses were given less food for a few days before the race to win the race, and were allowed to run from Al-Hafya to Thaniyat-al- Wada`, and the unprepared horses were allowed to run between Thaniyat-al-Wada` and the mosque of Bani Zuraiq," `Abdullah was one of those who participated in the race.

The Messenger of Allah (saws) saw a person praying after the congregational prayer at dawn was over. The Messenger of Allah (saws) said: There are two rak'ahs of the dawn prayer (i.e. the prescribed rak'ahs). The man replied: I did not pray the two rak'ahs before the dawn prayer. Hence I offered them now. The Messenger of Allah (saws) kept silent.

`Abdullah bin Masud was mentioned before `Abdullah bin `Amr who said, "That is a man I still love, as I heard the Prophet saying 'Learn the recitation of Qur'an from four from `Abdullah bin Mas`ud -- he started with him--Salim, the freed slave of Abu Hudaifa, Mu`adh bin Jabal and Ubai bin Ka`b."

The sister of Ma'qal bin Yasar was divorced by her husband who left her till she had fulfilled her term of 'Iddat (i.e. the period which should elapse before she can Remarry) and then he wanted to remarry her but Maqal refused, so this Verse was revealed:-- "Do not prevent them from marrying their (former) husbands." (2.232)

Abu Dawud said: Ibn-Zubair made two prostrations before giving the salutation in a similar way when he stood up at the end of two rak’ahs. This is the opinion of al-Zuhrl.

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

While I was praying, the Prophet passed by and called me, but I did not go to him till I had finished my prayer. When I went to him, he said, "What prevented you from coming?" I said, "I was praying." He said, "Didn't Allah say" "O you who believes Give your response to Allah (by obeying Him) and to His Apostle." (8.24) Then he added, "Shall I tell you the most superior Sura in the Qur'an before I go out of the mosque?" When the Prophet intended to go out (of the Mosque), I reminded him and he said, "That is: "Al hamdu-li l-lahi Rabbil-`alamin (Surat-al-fatiha)' which is the seven oft repeated verses (Al-Mathani) and the Grand Qur'an which has been given to me."

The Prophet delivered a sermon and said, "You (people) will be gathered before Allah (on the Day of Resurrection) bare-footed, naked and uncircumcised." (The Prophet then recited):-- 'As We began the first creation We shall repeat it. (It is) a promise We have undertaken and truly We shall do it.' and added, "The first man who will be dressed on the Day of Resurrection, will be Abraham. Lo! Some men from my followers will be brought and taken towards the left side, whereupon I will say, 'O Lord, (these are) my companions!' It will be said, 'You do not know what new things they introduced (into the religion) after you.' I will then say as the righteous pious slave, Jesus, said, 'I was a witness over them while I dwelt among them...(to His Statement)..and You are the Witness to all things.' (5.117) Then it will be said, '(O Muhammad) These people never stopped to apostate since you left them."

(the wife of the Prophet) The wife of Rifa`a Al-Qurazi came to Allah's Apostle while I was sitting, and Abu Bakr was also there. She said, 'O Allah s Apostle! I was the wife of Rifa`a and he divorced me irrevocably. Then I married `AbdurRahman bin Az-Zubair who, by Allah, O Allah's Apostle, has only something like a fringe of a garment, Showing the fringe of her veil. Khalid bin Sa`id, who was standing at the door, for he had not been admitted, heard her statement and said, "O Abu Bakr! Why do you not stop this lady from saying such things openly before Allah's Apostle?" No, by Allah, Allah's Apostle did nothing but smiled. Then he said to the lady, "Perhaps you want to return to Rifa`a? That is impossible unless `Abdur-Rahman consummates his marriage with you." That became the tradition after him.

A group of people from `Ukl (or `Uraina) tribe ----but I think he said that they were from `Ukl came to Medina and (they became ill, so) the Prophet ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels' urine and milk (as a medicine). So they went and drank it, and when they became healthy, they killed the shepherd and drove away the camels. This news reached the Prophet early in the morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet before midday. He ordered to cut off their hands and legs and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Abu Qilaba said, "Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against Allah and His Apostle").

I was sitting with Abu Mas`ud and Abu Musa and `Ammar. Abu Mas`ud said (to `Ammar), "There is none of your companions but, if I wish, I could find fault with him except with you. Since you joined the company of the Prophet I have never seen anything done by you more criticizable by me than your haste in this issue." `Ammar said, O Abu Mas`ud ! I have never seen anything done by you or by this companion of yours (i.e., Abu Musa) more criticizable by me than your keeping away from this issue since the time you both joined the company of the Prophet." Then Abu Mas`ud who was a rich man, said (to his servant), "O boy! Bring two suits." Then he gave one to Abu Musa and the other to `Ammar and said (to them), "Put on these suits before going for the Friday prayer. "

Allah's Apostle told us a long narrative about Ad-Dajjal, and among the many things he mentioned, was his saying, "Ad-Dajjal will come and it will be forbidden for him to pass through the entrances of Medina. He will land in some of the salty barren areas (outside) Medina; on that day the best man or one of the best men will come up to him and say, 'I testify that you are the same Dajjal whose description was given to us by Allah's Apostle .' Ad-Dajjal will say to the people, 'If I kill this man and bring him back to life again, will you doubt my claim?' They will say, 'No.' Then Ad-Dajjal will kill that man and bring him back to life. That man will say, 'Now I know your reality better than before.' Ad-Dajjal will say, 'I want to kill him but I cannot.' "

The Prophet (saws) offered the noon prayer in time of danger. Some of the people formed a row behind him and others arrayed themselves against the enemy. He led them in two rak'ahs and then he uttered the salutation. Then those who were with him went away and took the position of their companions before the enemy. Then they came and prayed behind him. He led them in two rak'ahs and uttered the salutation. Thus the Messenger of Allah (saws) offered four rak'ahs and his companions offered two rak'ahs.

Al-Hasan used to give legal verdict on the authority of this tradition.

Abu Dawud said: This will be so in the sunset prayer. The imam will offer six rak'ahs and the people three rak'ahs.

Abu Dawud said: Yahya b. Abi Kathir narrated from Abu Salamah from Jabir from the Prophet (saws) something similar. Sulaiman al-Yashkuri reported it from the Prophet (saws) in like manner.

The narrator Humaid added: When any of you comes for praying, he should walk as usual (i.e. he should not hasten and run quickly); then he should pray as much as he finds it (along with the imam), and should offer the part of the prayer himself (when the prayer is finished) which the Imam had offered before him.

A woman made a voyage and vowed that she would fast one month if Allah made her reach her destination with peace and security. Allah made her reach her destination with security but she died before she could fast. Her daughter or sister (the narrator doubted) came to the Messenger of Allah (saws). So he commanded to fast on her behalf.

I asked Ibn `Abbas about Al-Badhaq. He said, "Muhammad prohibited alcoholic drinks before It was called Al-Badhaq (by saying), 'Any drink that intoxicates is unlawful.' I said, 'What about good lawful drinks?' He said,'Apart from what is lawful and good, all other things are unlawful and not good (unclean Al-Khabith).

[At-Tirmidhi].

The Prophet said, "You will follow the ways of those nations who were before you, span by span and cubit by cubit (i.e., inch by inch) so much so that even if they entered a hole of a mastigure, you would follow them." We said, "O Allah's Apostle! (Do you mean) the Jews and the Christians?" He said, "Whom else?"

Yahya related to me from Malik from Abu'zZinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you wake up from sleep to pray, wash your hands before you put them in the wudu water, for you do not know where your hands have spent the night."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, told him that the Messenger of Allah, may Allah bless him and grant him peace, used to pray two quick rakas when the muadhdhin had finished the adhan for the subh prayer, before the iqama was said for the prayer.

The Prophet (saws) said: The gates of heaven are opened for four rak'ahs containing no taslim (salutation) before the noon prayer.

Abu Dawud said: Yahya b. Sa'id al-Qattan said: If I were to narrate any tradition from 'Ubaidah, I would narrate this tradition.

Abu Dawud said: 'Ubaidah is weak.

Abu Dawud said: The name of the narrator Ibn Minjab is Sahm.

I heard a man reciting a verse (of the Holy Qur'an) but I had heard the Prophet reciting it differently. So, I caught hold of the man by the hand and took him to Allah's Apostle who said, "Both of you are right." Shu`ba, the sub-narrator said, "I think he said to them, "Don't differ, for the nations before you differed and perished (because of their differences). "

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

When the Prophet came to Medina, he stayed first with his grandfathers or maternal uncles from Ansar. He offered his prayers facing Baitul-Maqdis (Jerusalem) for sixteen or seventeen months, but he wished that he could pray facing the Ka'ba (at Mecca). The first prayer which he offered facing the Ka'ba was the 'Asr prayer in the company of some people. Then one of those who had offered that prayer with him came out and passed by some people in a mosque who were bowing during their prayers (facing Jerusalem). He said addressing them, "By Allah, I testify that I have prayed with Allah's Apostle facing Mecca (Ka'ba).' Hearing that, those people changed their direction towards the Ka'ba immediately. Jews and the people of the scriptures used to be pleased to see the Prophet facing Jerusalem in prayers but when he changed his direction towards the Ka'ba, during the prayers, they disapproved of it.

Al-Bara' added, "Before we changed our direction towards the Ka'ba (Mecca) in prayers, some Muslims had died or had been killed and we did not know what to say about them (regarding their prayers.) Allah then revealed: And Allah would never make your faith (prayers) to be lost (i.e. the prayers of those Muslims were valid).' " (2:143).

When the time of the death of Abu Talib approached, Allah's Apostle went to him and found Abu Jahl bin Hisham and `Abdullah bin Abi Umaiya bin Al-Mughira by his side. Allah's Apostle said to Abu Talib, "O uncle! Say: None has the right to be worshipped but Allah, a sentence with which I shall be a witness (i.e. argue) for you before Allah. Abu Jahl and `Abdullah bin Abi Umaiya said, "O Abu Talib! Are you going to denounce the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting Abu Talib to say it (i.e. 'None has the right to be worshipped but Allah') while they (Abu Jahl and `Abdullah) kept on repeating their statement till Abu Talib said as his last statement that he was on the religion of `Abdul Muttalib and refused to say, 'None has the right to be worshipped but Allah.' (Then Allah's Apostle said, "I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed (the verse) concerning him (i.e. It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans even though they be of kin, after it has become clear to them that they are companions of the fire (9.113).

The Prophet arrived (at Mecca) in the year of the Conquest (of Mecca) while Usama was riding behind him on (his she-camel)'. Al-Qaswa.' Bilal and `Uthman bin Talha were accompanying him. When he made his she-camel kneel down near the Ka`ba, he said to `Uthman, "Get us the key (of the Ka`ba). He brought the key to him and opened the gate (of the Ka`ba), for him. The Prophet, Usama, Bilal and `Uthman (bin Talha) entered the Ka`ba and then closed the gate behind them (from inside). The Prophet stayed there for a long period and then came out. The people rushed to get in, but I went in before them and found Bilal standing behind the gate, and I said to him, "Where did the Prophet pray?" He said, "He prayed between those two front pillars." The Ka`ba was built on six pillars, arranged in two rows, and he prayed between the two pillars of the front row leaving the gate of the Ka`ba at his back and facing (in prayer) the wall which faces one when one enters the Ka`ba. Between him and that wall (was the distance of about three cubits). But I forgot to ask Bilal about the number of rak`at the Prophet had prayed. There was a red piece of marble at the place where he (i.e. the Prophet) had offered the prayer.