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."

A man of Khuza'ah died and his estate was brought to the Prophet (saws). He said: Look for his heir or some relative. But they found neither heir nor relative. The Messenger of Allah (saws) said: Give it to the leading man of Khuza'ah. The narrator Yahya said: Sometimes I heard him (al-Husayn ibn Aswad) say in this tradition: Look for the greatest man of Khuza'ah.

Allah's Apostle mentioned a person who asked an Israeli man to lend him one-thousand Dinars, and the Israeli lent him the sum for a certain fixed period.

During the lifetime of Allah's Apostle, the sun eclipsed. Allah's Apostle offered the prayer of (the) eclipse) and so did the people along with him. He performed a long Qiyam (standing posture) during which Surat-al-Baqara could have been recited; then he performed a pro-longed bowing, then raised his head and stood for a long time which was slightly less than that of the first Qiyam (and recited Qur'an). Then he performed a prolonged bowing again but the period was shorter than the period of the first bowing, then he stood up and then prostrated. Again he stood up, but this time the period of standing was less than the first standing. Then he performed a prolonged bowing but of a lesser duration than the first, then he stood up again for a long time but for a lesser duration than the first. Then he performed a prolonged bowing but of lesser duration than the first, and then he again stood up, and then prostrated and then finished his prayer. By then the sun eclipse had cleared. The Prophet then said, "The sun and the moon are two signs among the signs of Allah, and they do not eclipse because of the death or birth of someone, so when you observe the eclipse, remember Allah (offer the eclipse prayer)." They (the people) said, "O Allah's Apostle! We saw you stretching your hand to take something at this place of yours, then we saw you stepping backward." He said, "I saw Paradise (or Paradise was shown to me), and I stretched my hand to pluck a bunch (of grapes), and had I plucked it, you would have eaten of it as long as this world exists. Then I saw the (Hell) Fire, and I have never before, seen such a horrible sight as that, and I saw that the majority of its dwellers were women." The people asked, "O Allah's Apostle! What is the reason for that?" He replied, "Because of their ungratefulness." It was said. "Do they disbelieve in Allah (are they ungrateful to Allah)?" He replied, "They are not thankful to their husbands and are ungrateful for the favors done to them. Even if you do good to one of them all your life, when she seems some harshness from you, she will say, "I have never seen any good from you.' "

When the Prophet (saws) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Messenger of Allah (saws) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Messenger of Allah (saws) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Messenger of Allah (saws), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking.

I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Messenger of Allah (saws) and his people (with him).

He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Messenger of Allah (saws) and he embraced Islam.

I said: Messenger of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.

The Prophet looked at a man fighting against the pagans and he was one of the most competent persons fighting on behalf of the Muslims. The Prophet said, "Let him who wants to look at a man from the dwellers of the (Hell) Fire, look at this (man)." Another man followed him and kept on following him till he (the fighter) was injured and, seeking to die quickly, he placed the blade tip of his sword between his breasts and leaned over it till it passed through his shoulders (i.e., committed suicide)." The Prophet added, "A person may do deeds that seem to the people as the deeds of the people of Paradise while in fact, he is from the dwellers of the (Hell) Fire: and similarly a person may do deeds that seem to the people as the deeds of the people of the (Hell) Fire while in fact, he is from the dwellers of Paradise. Verily, the (results of) deeds done, depend upon the last actions."

Allah's Apostle said, any man who has a slave girl whom he educates properly, teaches good manners, manumits and marries her, will get a double reward And if any man of the people of the Scriptures believes in his own prophet and then believes in me too, he will (also) get a double reward And any slave who fulfills his duty to his master and to his Lord, will (also) get a double reward."

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

Yahya related to me from Malik from Yahya ibn Said that a man came to Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. Umar said to Kab, "Come, let's decide." Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A date is better than a locust."

My uncle said: The Prophet said, "One should not leave his prayer unless he hears sound or smells something."

The Prophet said, "If somebody eats or drinks forgetfully then he should complete his fast, for what he has eaten or drunk, has been given to him by Allah."

The people used to ask Allah's Apostle about good, but I used to ask him about evil for fear that it might overtake me. Once I said, "O Allah's Apostle! We were in ignorance and in evil and Allah has bestowed upon us the present good; will there by any evil after this good?" He said, "Yes." I asked, "Will there be good after that evil?" He said, "Yes, but it would be tained with Dakhan (i.e. Little evil)." I asked, "What will its Dakhan be?" He said, "There will be some people who will lead (people) according to principles other than my tradition. You will see their actions and disapprove of them." I said, "Will there by any evil after that good?" He said, "Yes, there will be some people who will invite others to the doors of Hell, and whoever accepts their invitation to it will be thrown in it (by them)." I said, "O Allah's Apostle! Describe those people to us." He said, "They will belong to us and speak our language" I asked, "What do you order me to do if such a thing should take place in my life?" He said, "Adhere to the group of Muslims and their Chief." I asked, "If there is neither a group (of Muslims) nor a chief (what shall I do)?" He said, "Keep away from all those different sects, even if you had to bite (i.e. eat) the root of a tree, till you meet Allah while you are still in that state."

A man said, "O Allah's Apostle. What type of clothes should a Muhrim wear Allah's Apostle replied, 'Do not wear shirts, turbans trousers hooded cloaks or Khuffs (socks made from thick fabric or leather); but if someone cannot get sandals, then he can wear Khuffs after cutting them short below the ankles. Do not wear clothes touched by saffon or wars (two kinds of perfumes).

"The Messenger of Allah (saws) prohibited that a man should put on sandals while he is standing."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. 'Ubaidullah bin 'Amr Ar-Raqqi reported this Hadith from Ma'mar, from Qatadah, from Anas. Both of the Ahadith are not correct according to the people of Hadith. Al-Harith bin Nabhan is not a Hafiz according to them, and we do not know any basis for the narration of Qatadah from Anas.

Malik related to me from al-Walid ibn Abdullah ibn Sayyad that al-Muttalib ibn Abdullah ibn Hantab al-Makhzumi informed him that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "What is backbiting?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is to mention about a man what he does not want to hear." He said, "Messenger of Allah! Even if it is true?" The Messenger of Allah, may Allah bless him and grant him peace, said, "If you utter something false, then it is slander."

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.''

Allah's Apostle (p.b.u.h) said, "A man said that he would give something in charity. He went out with his object of charity and unknowingly gave it to a thief. Next morning the people said that he had given his object of charity to a thief. (On hearing that) he said, "O Allah! All the praises are for you. I will give alms again." And so he again went out with his alms and (unknowingly) gave it to an adulteress. Next morning the people said that he had given his alms to an adulteress last night. The man said, "O Allah! All the praises are for you. (I gave my alms) to an adulteress. I will give alms again." So he went out with his alms again and (unknowingly) gave it to a rich person. (The people) next morning said that he had given his alms to a wealthy person. He said, "O Allah! All the praises are for you. (I had given alms) to a thief, to an adulteress and to a wealthy man." Then someone came and said to him, "The alms which you gave to the thief, might make him abstain from stealing, and that given to the adulteress might make her abstain from illegal sexual intercourse (adultery), and that given to the wealthy man might make him take a lesson from it and spend his wealth which Allah has given him, in Allah's cause."

I asked Allah's Apostle, "We hunt with these hounds." He said, "If you send your trained hounds after a game and mention Allah's Name on sending, you can eat of what they catch for you. But if the hound eats of the game, then you must not eat of it, for I am afraid that the hound caught it for itself, and if another hound joins your hounds (during the hunt), you should not eat of the game."

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

Allah's Apostle and one of his companions entered upon an Ansari man and the Prophet said to him, "If you have water kept overnight in a water skin, (give us), otherwise we will drink water by putting our mouth in it." The man was watering his garden then. He said, "O Allah's Apostle! I have water kept overnight; let us go to the shade." So he took them both there and poured water into a bowl and milked a domestic goat of his in it. Allah's Apostle drank, and then the man who had come along with him, drank.

We came upon the Prophet of Allah (saws). A man came to him: he seemed to be a bedouin. He said: Prophet of Allah, what do you think about a man who touches his penis after performing ablution? He (saws) replied: That is only a part of his body.

Abu Dawud said: The tradition has been transmitted through a different chain of narrators.

When one of you meets his brother, he should salute him, then if he meets him again after a tree, wall or stone has come between them, he should also salute him.

Mu'awiyah said: 'Abd al-Wahhab b. Bakht transmitted a similar tradition to me from Abu al-Zinad, from al-A'raj, from Abu Hurairah, from the Messenger of Allah (saws).

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Allah's Apostle saw some expectoration on the wall of the mosque; he took gravel and scraped it off and said, "If anyone of you wanted to spit he should neither spit in front of him nor on his right but he could spit either on his left or under his left foot."

(as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry.' (4.127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.

A man came and said, "O Allah's Apostle! By Allah, I keep away from the morning prayer only because So and so prolongs the prayer when he leads us in it." The narrator said, "I never saw Allah's Apostle more furious in giving advice than he was at that time. He then said, "Some of you make people dislike good deeds (the prayer). So whoever among you leads the people in prayer should shorten it because among them are the weak, the old and the needy."

AbuWa'il al-Qass said: We entered upon Urwah ibn Muhammad ibn as-Sa'di. A man spoke to him and made him angry. So he stood and performed ablution; he then returned and performed ablution, and said: My father told me on the authority of my grandfather Atiyyah who reported the Messenger of Allah (saws) as saying: Anger comes from the devil, the devil was created of fire, and fire is extinguished only with water; so when one of you becomes angry, he should perform ablution.

I heard Allah's Apostle saying, "All of you are guardians and responsible for your charges: the Ruler (i.e. Imam) is a guardian and responsible for his subjects; and a man is a guardian of his family and is responsible for his charges; and a lady is a guardian in the house of her husband and is responsible for her charge; and a servant is a guardian of the property of his master and is responsible for his charge." I think he also said, "And a man is a guardian of the property of his father."

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

Allah's Apostle said, "Anyone who takes an oath through which his family may be harmed, and insists on keeping it, he surely commits a sin greater (than that of dissolving his oath). He should rather compensate for that oath by making expiation."

In the time of the Prophet (saws) a man took a vow to slaughter a camel at Buwanah. So he came to the Prophet (saws) and said: I have taken a vow to sacrifice a camel at Buwanah.

The Prophet (saws) asked: Did the place contain any idol worshipped in pre-Islamic times?

They (the people) said: No.

He asked: Was any pre-Islamic festival observed there?

They replied: No.

The Prophet (saws) said: Fulfil your vow, for a vow to do an act of disobedience to Allah must not be fulfilled, neither must one do something over which a human being has no control.

We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet ). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you."

`Ata' told me that he had heard Jabir bin `Abdullah saying, "The Prophet stood up to offer the prayer of the `Id ul Fitr. He first offered the prayer and then delivered the Khutba. After finishing it he got down (from the pulpit) and went towards the women and advised them while he was leaning on Bilal's hand. Bilal was spreading out his garment where the women were putting their alms." I asked `Ata' whether it was the Zakat of `Id ul Fitr. He said, "No, it was just alms given at that time. Some lady put her finger ring and the others would do the same." I said, (to `Ata'), "Do you think that it is incumbent upon the Imam to give advice to the women (on `Id day)?" He said, "No doubt, it is incumbent upon the Imams to do so and why should they not do so?"

A man came to Allah's Apostle while he was in the mosque, and called him, saying, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face to the other side, but when the man gave four witnesses against himself, the Prophet said to him, "Are you mad?" The man said, "No." So the Prophet said (to his companions), "Take him away and stone him to death. "

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say in the tashahhud, "Greetings, good words, prayers, pure actions belong to Allah. I testify that there is no god except Allah, alone without partner, and that Muhammad is His slave and His Messenger. Peace be on you, Prophet, and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. Peace be upon you."

"At-tahiyatu, at- tayibatu, as-salawatu, az-zakiyatu lillah. Ash-hadu an la ilaha illa'llah, wahdahu la sharika lah wa anna Muhammadan abduhu wa rasuluhu. As-salamu alayka ayyuha-n-nabiyyu wa rahmatu-llahi wa barakatuhu. As-salamu alayna wa ala ibadi-llahi's-salihin. As-salamu alaykum."

Hafsa the wife of the Prophet said, "O Allah's Apostle! Why have the people finished their Ihram after performing `Umra but you have not finished your Ihram after performing `Umra?" He replied, "I have matted my hair and garlanded my Hadi. So I will not finish my Ihram till I have slaughtered (my Hadi). "