Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to recite in all four rakas as when he prayed alone - in every raka the umm al-Qur'an and another sura from the Qur'an. Sometimes he would recite two or three suras in one raka in the obligatory prayer. Similarly, he recited the umm al-Qur'an and two suras in the first two rakas of maghrib.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

That Zaid bin Khalid Al-Juhani narrated to him something in the presence of Sa`id bin 'Ubaidullah Al- Khaulani who was brought up in the house of Maimuna the wife of the Prophet. Zaid narrated to them that Abu Talha said that the Prophet said, "The Angels (of Mercy) do not enter a house wherein there is a picture." Busr said, "Later on Zaid bin Khalid fell ill and we called on him. To our surprise we saw a curtain decorated with pictures in his house. I said to Ubaidullah Al-Khaulani, "Didn't he (i.e. Zaid) tell us about the (prohibition of) pictures?" He said, "But he excepted the embroidery on garments. Didn't you hear him?" I said, "No." He said, "Yes, he did."

Another chain narrates with the addition of "and the drowned is a martyr."

The Prophet (saws) said: Among the most excellent of your days is Friday; on it Adam was created, on it he died, on it the last trumpet will be blown, and on it the shout will be made, so invoke more blessings on me that day, for your blessings will be submitted to me. The people asked: Messenger of Allah, how can it be that our blessings will be submitted to you while your body is decayed? He replied: Allah, the Exalted, has prohibited the earth from consuming the bodies of Prophets.

A man said, "O Allah's Apostle! Shall we be punished for what we did in the Prelslamic Period of ignorance?" The Prophet said, "Whoever does good in Islam will not be punished for what he did in the Pre-lslamic Period of ignorance and whoever does evil in Islam will be punished for his former and later (bad deeds).

Ziyad related to me from Malik from Nafi from Ibn 'Umar that some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, were shown Laylat al-Qadr in their sleep during the last seven days. The Messenger of Allah, may Allah bless him and grant him peace, said, "I see that your visions agree about the last seven days, so whoever is searching for it should do so in the last seven days."

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in ...

I said: Messenger of Allah, tell us the legal injunction about (visiting) Bayt al-Muqaddas (the dome of the Rock at Jerusalem). The Messenger of Allah (saws) said: go and pray there. All the cities at that time were effected by war. If you cannot visit it and pray there, then send some oil to be used in the lamps.

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in ...

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Zayd ibn Thabit used to say, "When the eye remains but the sight is lost, one hundred dinars are payable for it."

Yahya said, "Malik was asked about cutting off the lower lid of the eye and the bone around the eye. He said, 'There is only ijtihad in that unless the vision of the eye is impaired. He is entitled to an amount that is compatible to the extent the vision of the eye has been impaired."

Yahya said that Malik said, "What is done in our community about removing the bad eye of a one-eyed man when it has already been blinded and still remains there in its place and the paralyzed hand when it is cut off, is that there is only ijtihad in that, and there is no prescribed blood-money."

Allah's Apostle said "We are the last (to come amongst the nations) but (will be) the foremost on the Day of Resurrection. They were given the Holy Scripture before us and we were given the Quran after them. And this was the day (Friday) about which they differed and Allah gave us the guidance (for that). So tomorrow (i.e. Saturday) is the Jews' (day), and the day after tomorrow (i.e. Sunday) is the Christians'." The Prophet (p.b.u.h) remained silent (for a while) and then said, "It is obligatory for every Muslim that he should take a bath once in seven days, when he should wash his head and body."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Sammani from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone does ghusl for major ritual impurity on the day of jumua and then goes in the first part of the time, it is as if he had offered up a camel. If he goes in the second part of the time, it is as if he had offered up a cow. If he goes in the third part of the time, it is as if he had offered up a horned ram. If he goes in the fourth part of the time, it is as if he had offered up a hen. If he goes in the fifth part of the time, it is as if he had offered up an egg. And when the imam comes out, the angels settle down listening to the dhikr (remembrance of Allah)."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

A man from the Companions of the Prophet (saws) passed by ravine containing a small spring of thirst quenching water, so he was amazed by how pleasant it was. So he said: 'I should leave the people and stay in this ravine. But I will not do it until I seek permission from the Messenger of Allah (saws).' So he mentioned that to the Messenger of Allah (saws) and he said: 'Do not do so. For indeed one of you standing in the cause of Allah is more virtuous that his Salat in his house for seventy years. Do you not love that Allah forgive your sins and admit you into Paradise ? Then fight in the cause of Allah, for whoever fights in Allah's cause for the time it takes for two milkings of a camel, then Paradise is obligatory for him.'"

[Abu 'Eisa said:] This Hadith is Hasan.

The Messenger of Allah (saws) was shrouded in three garments made in Najran: two garments and one shirt in which he died.

Abu Dawud said: The narrator 'Uthman said: In three garments: two red garments and a shirt in which he died.

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."

Some men amongst the companions of the Prophet were shown in their dreams that the night of Qadr was in the last seven nights of Ramadan. Allah's Apostle said, "It seems that all your dreams agree that (the Night of Qadr) is in the last seven nights, and whoever wants to search for it (i.e. the Night of Qadr) should search in the last seven (nights of Ramadan).

Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."

Malik said, "That is what is done among us."

Malik said, "No-one should carry the Qur'an by its strap, or on a cushion, unless he is pure. If it were permissible to do so, it would also have been permissible to carry it in its cover. This is not because there is something on the hands of the one who carries it by which the Qur'an will be soiled, but because it is disapproved of for someone to carry the Qur'an without being pure out of respect for the Qur'an, and in order to honour it."

Malik said, "The best thing that I have heard about this is the ayat 'None touch it except the purified.' (Sura 56 ayat 79) It ranks with the ayat in Surat Abasa (Sura 80), where Allah, the Blessed and Exalted, says, 'No, it is a reminder, and whoever wishes will remember it. Upon honoured pages, exalted and purified, by the hands of scribes, noble and obedient.' "

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

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

"When the Prophet (saws) arrived in Al-Madinah, they were paying in advance for fruits. So he said: 'Whoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.'"

He said: There are narrations on this topic from Ibn Abi Awfa and 'Abdur-Rahman bin Abza.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They allow for advanced payments on food, garments and other things in which the limits and description are known. They differed over delay in delivery of animals. Some of the people of knowledge among the Companions of the Prophet (saws) and others thought that delay in delivery of animals is allowed. This is the view of Ash-Shafi'i, Ahmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked delay in delivery of animals. This is the saying of Sufyan and the people of Al-Kufah. And Abu Al-Minhal's (a narrator) name is 'Abdur-Rahman bin Mut'im.

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

"I saw Ibn Rafi' [and he is 'Ubaidullah bin Abi Rafi', the freed slave of the Messenger of Allah (saws) - and Aslam was the name of Ibn Abi Rafi] wearing a ring on his right, so I asked him about that. He said, 'I saw 'Abdullah bin Ja'far wearing a ring on his right hand, and he ['Abdullah bin Ja'far] said: "The Messenger of Allah (saws) wore a ring on his right hand."

He said: Muhammad [bin Isma'il] said: "This is the most correct thing related from the Prophet (saws) on this topic."

That Abu Sufyan bin Harb Informed him that Heraclius called him and the members of a caravan from Quraish who had gone to Sham as traders, during the truce which Allah's Apostle had concluded with Abu Sufyan and the Quraish infidels.

This hadith has been reported on the authority of Mis'ar with the same chain of transmitters but with this variation that the hadith transmitted on the authority of Ibn Bishr and Waki', the torment of the Hell-Fire and the torment of grave have been mentioned together (and there is no conjunction" iw" or" between them).