That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."

[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."

Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.

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."

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

The Messenger of Allah (saws) used to prostrate and sleep (in prostration) and produce puffing sounds (during sleep). Then he would stand and pray and would not perform ablution. I said to him: you prayed but did not perform ablution though you slept (in prostration). He replied: Ablution is necessary for one who sleeps while he is lying down. Uthman and Hannad added: For when he lies down, his joints are relaxed.

Abu Dawud said: The statement "ablution is necessary for one who sleeps while one is lying down" is a munkar (rejected) tradition. It has been narrated only by Yazid Abu Khalid al-Dalani, on the authority of Qatadah. And its earlier part has been narrated by a group (of narrators) from Ibn 'Abbas; they did not mention anything about it. He (Ibn 'Abbas) said: The Prophet (saws) was protected (during his sleep). 'Aishah reported: The Prophet (saws) said: My eyes sleep, but my heart does not sleep. Shu'bah said: Qatadah heard from Abu'l-'Aliyah only four traditions: the tradition about Jonah son of Matthew, the tradition reported by Ibn 'Umar about prayer, the tradition stating that the judges are three, and the tradition narrated by Ibn 'Abbas saying: (This tradition) has been narrated to me by reliable persons ; 'Umar is one of them, and the most reliable of them in my opinion is 'Umar. Abu Dawud said: I asked Ahmad b. Hanbal about the tradition narrated by Yazid al-Dalani. He rebuked me out of respect for him. Then he said: Yazid al-Dalani does not add anything to what has been narrated by the teachers of Qatadah. He did not care of this tradition (due to its weakness).

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "I dreamt at night that I was at the Kaba, and I saw a dark man like the most handsome of dark men you have ever seen. He had hair reaching to between his ears and his shoulders like the most excellent of such hair that you have seen. He had combed his hair, and water was dripping from it. He was leaning on two men or on the shoulders of two men doing tawaf around Kaba. I asked, 'Who is this?' It was said, 'al- Masih ibn Maryam.' Then we were with a man with wiry hair and blind in his right eye, as if it was a floating grape. I asked 'Who is this?' It was said to me, 'This is al-Masih ad-Dajjal.' "

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I ...

I said to Ibn `Abbas, "Nauf Al-Bukah claims that Moses, the companion of Al-Khadir was not Moses (the prophet) of the children of Israel, but some other Moses." Ibn `Abbas said, "Allah's enemy (i.e. Nauf) has told a lie. Ubai bin Ka`b told us that the Prophet said, 'Once Moses stood up and addressed Bani Israel. He was asked who was the most learned man amongst the people. He said, 'I.' Allah admonished him as he did not attribute absolute knowledge to Him (Allah). So, Allah said to him, 'Yes, at the junction of the two seas there is a Slave of Mine who is more learned than you.' Moses said, 'O my Lord! How can I meet him?' Allah said, 'Take a fish and put it in a large basket and you will find him at the place where you will lose the fish.' Moses took a fish and put it in a basket and proceeded along with his (servant) boy, Yusha` bin Noon, till they reached the rock where they laid their heads (i.e. lay down). Moses slept, and the fish, moving out of the basket, fell into the sea. It took its way into the sea (straight) as in a tunnel. Allah stopped the flow of water over the fish and it became like an arch (the Prophet pointed out this arch with his hands). They travelled the rest of the night, and the next day Moses said to his boy (servant), 'Give us our food, for indeed, we have suffered much fatigue in this journey of ours.' Moses did not feel tired till he crossed that place which Allah had ordered him to seek after. His boy (servant) said to him, 'Do you know that when we were sitting near that rock, I forgot the fish, and none but Satan caused me to forget to tell (you) about it, and it took its course into the sea in an amazing way?.' So there was a path for the fish and that astonished them. Moses said, 'That was what we were seeking after.' So, both of them retraced their footsteps till they reached the rock. There they saw a man Lying covered with a garment. Moses greeted him and he replied saying, 'How do people greet each other in your land?' Moses said, 'I am Moses.' The man asked, 'Moses of Bani Israel?' Moses said, 'Yes, I have come to you so that you may teach me from those things which Allah has taught you.' He said, 'O Moses! I have some of the Knowledge of Allah which Allah has taught me, and which you do not know, while you have some of the Knowledge of Allah which Allah has taught you and which I do not know.' Moses asked, 'May I follow you?' He said, 'But you will not be able ...

The Messenger of Allah (saws) heard a person supplicating during prayer. He did not mention the greatness of Allah, nor did he invoke blessings on the Prophet (saws).

The Messenger of Allah (saws) said: He made haste.

He then called him and said either to him or to any other person: If any of you prays, he should mention the exaltation of his Lord in the beginning and praise Him; he should then invoke blessings on the Prophet (saws); thereafter he should supplicate Allah for anything he wishes.

When the children of a woman (in pre-Islamic days) did not survive, she took a vow on herself that if her child survives, she would convert it a Jew. When Banu an-Nadir were expelled (from Arabia), there were some children of the Ansar (Helpers) among them. They said: We shall not leave our children. So Allah the Exalted revealed; "Let there be no compulsion in religion. Truth stands out clear from error."

Abu Dawud said: Muqlat means a woman whose children do not survive.

The Prophet (saws) said: In the morning alms are due from every bone in man's fingers and toes. Salutation to everyone he meets is alms; enjoining good is alms; forbidding what is disreputable is alms; removing what is harmful from the road is alms; having sexual intercourse with his wife is alms. The people asked: He fulfils his desire, Messenger of Allah; is it alms? He replied: Tell me if he fulfilled his desire where he had no right, would he commit a sin ? He then said: Two rak'ahs which one prays in the forenoon serve instead of all that.

Abu Dawud said: Hammad did not mention enjoining good and forbidding what is disreputable.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."

Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Once the Prophet was preaching while a bedouin was sitting there. The Prophet said, "A man from among the people of Paradise will request Allah to allow him to cultivate the land Allah will say to him, 'Haven't you got whatever you desire?' He will reply, 'yes, but I like to cultivate the land (Allah will permit him and) he will sow the seeds, and within seconds the plants will grow and ripen and (the yield) will be harvested and piled in heaps like mountains. On that Allah will say (to him), "Take, here you are, O son of Adam, for nothing satisfies you.' "On that the bedouin said, "O Allah's Apostle! Such man must be either from Quraish or from Ansar, for they are farmers while we are not." On that Allah's Apostle smiled .

Malik related to me from Nafi from Sulayman ibn Yasar that Habbar ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab was sacrificing his animal and said, "Amir al-muminin, we made a mistake in our reckoning and we thought that today was the day of Arafa." Umar said, "Go to Makka, you and whoever else is with you, and do tawaf and sacrifice your animal if you have one with you. Then shave or cut your hair and return home. Then, in another year, do hajj and sacrifice an animal, and if you cannot find one, fast three days on hajj and seven when you return home."

Malik said, "Someone who intends to do hajj and umra together and then misses the hajj must do hajj again in another year, doing hajj with umra, and offer two sacrificial animals, one for doing the hajj with umra, and one for the hajj that he has missed."

`Abdul-Malik bin Marwan wrote to Al-Hajjaj that he should follow `Abdullah bin `Umar in all the ceremonies of Hajj. So when it was the Day of `Arafat (9th of Dhul-Hijja), and after the sun has deviated or has declined from the middle of the sky, I and Ibn `Umar came and he shouted near the cotton (cloth) tent of Al-Hajjaj, "Where is he?" Al-Hajjaj came out. Ibn `Umar said, "Let us proceed (to `Arafat)." Al-Hajjaj asked, "Just now?" Ibn `Umar replied, "Yes." Al-Hajjaj said, "Wait for me till I pour water on me (i.e. take a bath)." So, Ibn `Umar dismounted (and waited) till Al-Hajjaj came out. He was walking between me and my father. I informed Al-Hajjaj, "If you want to follow the Sunna today, then you should shorten the sermon and then hurry up for the stay (at `Arafat)." Ibn `Umar said, "He (Salim) has spoken the truth."

That the Messenger of Allah (saws) said: "The earnings of the cupper is filth, the earnings of the fornicator (from harlotry) is filth, and the price of a dog is filth."

[He said:] There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Abu Masu'd, Jabir, Abu Hurairah, Ibn 'Abbas, Ibn 'Umar, and 'Abdullah bin Ja'far.

[Abu 'Eisa said:] The Hadith is Rafi' is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they disliked the price of a dog. This the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted the price of the hunting dog.

That the Prophet (saws) said: "Whoever buys food, then he is not to sell it until he takes possession of it." Ibn 'Abbas said: "All things are considered the same (in this regard)."

[He said:] There are narrations on this topic from Jabir, Ibn 'Umar, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith.

"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

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

"I heard Uthman while on the Minbar saying: 'I did not inform you about a Hadith I had heard from the Messenger of Allah (saws), out of dismay that you might part from me. Then it occurred to me that I should narrate to you so that one may choose from these matters accordingly. I heard the Messenger of Allah (saws) saying: "(Ribat) Guarding the frontier for a day in Allah's cause is beter in status than thousand days doing other than that.'"

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

Muhammad bin Ism'ail said: "Abu Salih, the freed slave of 'Uthman's name is Burkan."

"The Messenger of Allah sent us on a military expedition, and the people turned to escape. So we arrived in Al-Madinah and concealed ourselves in it and we said: 'We are ruined.' Then we went to the Messenger of Allah (saws) and we said: 'O Messenger of Allah! We are those who fled.' He said: 'Rather you are Al-'Akkarun (those who are regrouping) and I am your reinforcement.

[Abu 'Eisa said:] This Hadith is Hasan Gharib. We do not know of it except as a narration of Yazid bin Abi Ziyad. And the meaning of his saying: "The people turned to escape" is that they fled from the fighting. As for the meaning of his saying: "Rather you are Al-'Akkarun," the 'Akkar is the one who flees to his Imam in order that he may help him, it does not mean fleeing from the advancing army.

That once he was in the company of the Prophet carrying a water pot for his ablution and for cleaning his private parts. While he was following him carrying it (i.e. the pot), the Prophet said, "Who is this?" He said, "I am Abu Huraira." The Prophet said, "Bring me stones in order to clean my private parts, and do not bring any bones or animal dung." Abu Huraira went on narrating: So I brought some stones, carrying them in the corner of my robe till I put them by his side and went away. When he finished, I walked with him and asked, "What about the bone and the animal dung?" He said, "They are of the food of Jinns. The delegate of Jinns of (the city of) Nasibin came to me--and how nice those Jinns were--and asked me for the remains of the human food. I invoked Allah for them that they would never pass by a bone or animal dung but find food on them."

Abu Dawud said: This tradition has been transmitted by Malik b. Anas, Bakr b. Mudar, Hafs b. Ghiyaht, Isma'il b. Ja'far, Ibn Abu Dhi'b, and Ibn Ishaq from Muhammad b. Zaid on the authority of his mother who narrated from Umm Salamah. None of these narrators mention the name of the Prophet (saws). They reported it directly from Umm Salamah.

Yahya said: Narrate from me that both these traditions are weak in respect of their chains.

Abu Dawud said: Al-Thawri is reported to have said: Habib narrated this tradition to us only on the authority of 'Urwat al-Muzani, that is, he did not narrated any tradition on the authority of 'Urwah b. al-Zubair.

Abu Dawud said: Hamzah al-Zayyat reported a sound tradition on the authority of Habib, from 'Urwah b. al-Zubair from 'Aishah.

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."