Explaining the verse; "For those who can do it (with hard-ship) is a ransom, the feeding of one, that is indigent," he said: This was a concession granted to the aged man and woman who were able to keep fast; they were allowed to leave the fast and instead feed an indigent person for each fast; (and a concession) to pregnant and suckling woman when they apprehended harm (to themselves).

A man came to the Prophet (saws) and said: Messenger of Allah, they ask thee for a legal decision about a kalalah. What is meant by kalalah? He replied: The verse revealed in summer is sufficient for you.

I asked AbuIshaq: Does it mean a person who dies and leaves neither children nor father? He said: This is so. The people think it is so.

I and Makhrafah al-Abdi imported some garments from Hajar, and brought them to Mecca. The Messenger of Allah (saws) came to us walking, and after he had bargained with us for some trousers, we sold them to him. There was a man who was weighing for payment. The Messenger of Allah (saws) said to him: Weigh out and give overweight.

AbuRafi' came to us from the Messenger of Allah (saws) said: The Messenger of Allah (saws) forbade us from a work which benefited us; but obedience to Allah and His Apostle (saws) is more beneficial to us. He forbade that one of us cultivates land except the one which he owns or the land which a man lends him (to cultivate).

Tha'labah heard his elders say that a man from the Quraysh had his share with Banu Qurayzah (in water). He brought the dispute to the Messenger of Allah (saws) about al-Mahzur, a stream whose water they shared together. The Messenger of Allah (saws) then decided that when water reached the ankles waters should not be held back to flow to the lower.

The Prophet (saws) said: Beware, the fanged beast of prey is not lawful, nor the domestic asses, nor the find from the property of a man with whom treaty has been concluded, except that he did not need it. If anyone is a guest of people who provide no hospitality for him, he is entitled to take from them the equivalent of the hospitality due to him.

A man came to the Prophet (saws) and said: Messenger of Allah! give me a mount. The Prophet (saws) said: We shall give you a she-camel's child to ride on. He said: What shall I do with a she-camel's child? The Prophet (saws) replied: Do any others than she-camels give birth to camels?

In the pre-Islamic period we used to say: "May Allah make the eye happy for you," and "Good morning" but when Islam came, we were forbidden to say that.

AbdurRazzaq said on the authority of Ma'mar: It is disapproved that a man should say: "May Allah make the eye happy for you," but there is no harm in saying: "May Allah make your eye happy.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man makes a vow to abstain from intercourse with his wife and four months have passed he must declare his intent and either he is divorced or he revokes his vow. Divorce does not occur until four months have passed and he continues to abstain."

Someone came to Allah's Apostle and said, "The donkeys have been (slaughtered and) eaten. Another man came and said, "The donkeys have been destroyed." On that the Prophet ordered a caller to announce to the people: Allah and His Apostle forbid you to eat the meat of donkeys, for it is impure.' Thus the pots were turned upside down while the (donkeys') meat was boiling in them.

[Abu Dawud].

Yahya related to me from Malik that he had heard that Said ibn Abi Waqqas used to pass in front of some of the rows while the prayer was in progress.

Malik said, "I consider that it is permissible to do that if the iqama for the prayer has been said and the imam has said the initial takbir and a man cannot find any way into the mosque except by going between the rows."

While a man was riding (his Mount) in `Arafat, he fell down from it (his Mount) and broke his neck (and died). The Prophet said, "Wash him with water and Sidr and shroud him in two pieces of cloth, and neither perfume him, nor cover his head, for he will be resurrected on the Day of Resurrection saying, 'Labbaik,' (i.e. like a pilgrim)."

While a man was at `Arafat (for Hajj) with Allah's Apostle the fell down from his Mount and broke his neck (and died). So Allah's Apostle said, "Wash him with water and Sidr and shroud him in two pieces of cloth and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be saying 'Labbaik."

A man displayed some goods in the market and swore by Allah that he had been offered so much for that, that which was not offered, and he said so, so as to cheat a Muslim. On that occasion the following Verse was revealed: "Verily! Those who purchase a small gain at the cost of Allah's covenant and their oaths (They shall have no portion in the Hereafter ..etc.)' (3.77)

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.

The Messenger of Allah (saws) as saying: If anyone does not abandon falsehood and action is accordance with it, Allah has no need that he should abandon his food and drink.

The narrator Ahmad (b. Yunus) said: I learnt the chain of narrators from Ibn Abi Dhi'b, and a man by his side made me understand the tradition. I think he was his cousin.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Sulayman ibn AbuAbdullah said: I saw Sa'd ibn AbuWaqqas seized a man hunting in the sacred territory of Medina which the Messenger of Allah (saws) had declared to be sacred. He took away his clothes from him. His patrons came to him and spoke to him about it, but he replied: The Messenger of Allah (saws) declared this territory to be sacred, saying: If anyone catches someone hunting in it he should take away from him his clothes. So I shall not return to you a provision which the Messenger of Allah (saws) has given me, but if you wish I shall pay you its price.

Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, on one occasion when the asr prayer was at hand . Everyone was looking for water for wudu but no- one could find any. Then the Messenger of Allah, may Allah bless him and grant him peace, brought some water in a vessel . He put his hand into the vessel and then he told them all to do wudu from it." Anas added, "I saw water coming out from his fingers. Then all of them to the last man did wudu."

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

We asked Ibn `Umar: "May a man have sexual relations with his wife during the Umra before performing Tawaf between Safa and Marwa?" He said, "Allah's Apostle arrived (in Mecca) and circumambulated the Ka`ba seven times, then offered two rak`at behind Maqam Ibrahim (the station of Abraham), then performed Tawaf between Safa and Marwa." Ibn `Umar added, "Verily! In Allah's Apostle you have a good example." And I asked Jabir bin `Abdullah (the same question), and he replied, "You should not go near your wives (have sexual relations) till you have finished Tawaf between Safa and Marwa. "

A man came to the Prophet and said, "O Allah's Apostle! My mother died and she ought to have fasted one month (for her missed Ramadan). Shall I fast on her behalf?" The Prophet replied in the affirmative and said, "Allah's debts have more right to be paid." In another narration a woman is reported to have said, "My sister died..." Narrated Ibn `Abbas: A woman said to the Prophet "My mother died and she had vowed to fast but she didn't fast." In another narration Ibn `Abbas is reported to have said, "A woman said to the Prophet, "My mother died while she ought to have fasted for fifteen days."

Some silken cloaks with golden buttons were presented to the Prophet. He distributed them amongst his companions and kept one for Makhrama, bin Naufal. Later on Makhrama came along with his son Al-Miswar bin Makhrama, and stood up at the gate and said (to his son). "Call him (i.e. the Prophet) to me." The Prophet heard his voice, took a silken cloak and brought it to him, placing those golden buttons in front of him saying, "O Abu-al-Miswar! I have kept this aside for you! O Abu-al Miswar! I have kept this aside for you!" Makhrama was a bad-tempered man.

AbuBakr said: May my parents be sacrificed for you, if you allow, I shall interpret it.

He said: Interpret it. He said: The piece of cloud is the cloud of Islam; the ghee and honey that were dropping from it are the Qur'an, which contains softness and sweetness. Those who received much or little of it are those who learn much or little of the Qur'an. The rope hanging from Heaven to Earth is the truth which you are following. You catch hold of it and then Allah will raise you to Him. Then another man will catch hold of it and ascend it, Then another man will catch hold of it and it will break. But it will be joined and he will ascend it. Tell me. Messenger of Allah, whether I am right or wrong.

He said: You are partly right and partly wrong. He said: I adjure you by Allah, you should tell me where I am wrong.

The Prophet (saws) said: Do not take an oath.

The Prophet (saws) said: There are forty characteristics; the highest of them is to give a goat on loan (for benefiting from its milk). If any man carries out any of those characteristics with the hope of getting a reward and testifying to the promise for it, Allah will admit him to Paradise for it.

Abu Dawud said: In the version of Musaddad, Hassan said: So we counted other characteristics than lending the goat: to return the greeting, to respond to sneezing, and remove things which cause annoyance to the people from their path, and similar other things. We could not reach fifteen characteristics.

I slapped a freed slave of ours. My father called him and me and said: Take retaliation on him. We, the people of Banu Muqarrin, were seven during the time of the Prophet (saws),and we had only a female servant. A man of us slapped her. The Messenger of Allah (saws) said: Set her free. They said: We have no other servant than her. He said: She must serve them till they become well off. When they become well off, they should set her free.

A man asked Ibn `Umar, "What have you heard from Allah's Apostle regarding An-Najwa?" He said, "Everyone of you will come close to His Lord Who will screen him from the people and say to him, 'Did you do so-and-so?' He will reply, 'Yes.' Then Allah will say, 'Did you do so-and-so?' He will reply, 'Yes.' So Allah will question him and make him confess, and then Allah will say, 'I screened your sins in the world and forgive them for you today.' "

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."

I heard Anas bin Malik al-Ansari saying, "An Ansari man, who was very fat, said to the Prophet, 'I am unable to present myself for the prayer with you.' He prepared a meal for the Prophet and invited him to his house. He washed one side of a mat with water and the Prophet offered two Rakat on it." So and so, the son of so and so, the son of Al-Jarud asked Anas, "Did the Prophet use to offer the Duha prayer?" Anas replied, "I never saw him praying (the Duha prayer) except on that day."

Ali ibn AbuTalib commanded him to ask the Messenger of Allah (saws) what a man should do when he wants to have intercourse with his wife and the prostatic fluid comes out (at this moment). (He said): I am ashamed of consulting him because of the position of his daughter. Al-Miqdad said: I asked the Messenger of Allah (saws) about it. He said: When any of you finds, he should wash his private part, and perform ablution as he does for prayer.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ash-Shafi'i said: "It is not lawful for one who confers something to take it back, except in the case of the father. He may take back what he gave his son" and he used this Hadith as proof.

Another chain reports a similar hadith.

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

That the Messenger of Allah (saws) said: "Indeed, Allah will surely admit three into Paradise by a single arrow. Its maker who seeks good by his making it, the one who shoots it, and the one who holds arrows for him." And he said: "Practice archery and practice riding, and the you should practice archery is more beloved to me than that you should ride. All idle pastimes that the Muslim man engages in are falsehood, except for his shooting of his bow, his training of his horse, and his playing with his wife, for they are from truth."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban and from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade mulamasa and munabadha.

Malik said, "Mulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it, or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another, and the other throws his garment without either of them making any inspection. Each of them says, 'this is for this. 'This is what is forbidden of mulamasa and munabadha."

Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with, and what people had done in the past, and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them, an uncertain transaction was not intended and it did not resemble mulamasa.

Al-Fadl bin `Abbas rode behind the Prophet as his companion rider on the back portion of his she camel on the Day of Nahr (slaughtering of sacrifice, 10th Dhul-Hijja) and Al-Fadl was a handsome man. The Prophet stopped to give the people verdicts. In the meantime, a beautiful woman From the tribe of Khath'am came, asking the verdict of Allah's Apostle. Al-Fadl started looking at her as her beauty attracted him. The Prophet looked behind while Al-Fadl was looking at her; so the Prophet held out his hand backwards and caught the chin of Al-Fadl and turned his face (to the owner sides in order that he should not gaze at her. She said, "O Allah's Apostle! The obligation of Performing Hajj enjoined by Allah on His worshipers, has become due (compulsory) on my father who is an old man and who cannot sit firmly on the riding animal. Will it be sufficient that I perform Hajj on his behalf?" He said, "Yes."

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."