Abu Dawud said: If two traditions of the prophet(saws) conflict, the practice of the Companions after him should be taken into consideration.

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

When the Prophet (saws) intended to go on an expedition, he always pretended to be going somewhere else, and he would say: War is deception.

Abu Dawud said: Only Ma'mar has transmitted this tradition. By this he refers to his statement "War is deception" through this chain of narrators. He narrated it from the tradition of 'Amr b. Dinar from Jabir, and from the tradition of Ma'mar from Hammam b. Munabbih on the authority of Abu Hurairah.

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

Malik said, "That is what I saw the people of knowledge in our city doing."

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) saying about a person who becomes insolvent and (the thing bought by him) is found intact with him, that belongs to one who sold it.

Ubaydullah ibn Yazid said: AbuLubabah passed by us and we followed him till he entered his house, and we also entered it.

There was a man in a rusty house and in shabby condition. I heard him say: I heard the Messenger of Allah (saws) say: He is not one of us who does not chant the Qur'an.

I (the narrator AbdulJabbar) said to Ibn AbuMulaykah: AbuMuhammad, what do you think if a person does not have pleasant voice? He said: He should recite with pleasant voice as much as possible.

The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.

Allah's Apostle said, "When the people of Paradise have entered Paradise and the people of the Fire have entered the Fire, death will be brought and will be placed between the Fire and Paradise, and then it will be slaughtered, and a call will be made (that), 'O people of Paradise, no more death ! O people of the Fire, no more death ! ' So the people of Paradise will have happiness added to their previous happiness, and the people of the Fire will have sorrow added to their previous sorrow."

I used to see a dream which would make me sick till I heard Abu Qatada saying, "I too, used to see a dream which would make me sick till I heard the Prophet saying, "A good dream is from Allah, so if anyone of you saw a dream which he liked, he should not tell it to anybody except to the one whom he loves, and if he saw a dream which he disliked, then he should seek refuge with Allah from its evil and from the evil of Satan, and spit three times (on his left) and should not tell it to anybody, for it will not harm him. "

The Prophet got up from his sleep with a flushed red face and said, "None has the right to be worshipped but Allah. Woe to the Arabs, from the Great evil that is nearly approaching them. Today a gap has been made in the wall of Gog and Magog like this." (Sufyan illustrated by this forming the number 90 or 100 with his fingers.) It was asked, "Shall we be destroyed though there are righteous people among us?" The Prophet said, "Yes, if evil increased."

The Prophet said, "Allah says: 'I am just as My slave thinks I am, (i.e. I am able to do for him what he thinks I can do for him) and I am with him if He remembers Me. If he remembers Me in himself, I too, remember him in Myself; and if he remembers Me in a group of people, I remember him in a group that is better than they; and if he comes one span nearer to Me, I go one cubit nearer to him; and if he comes one cubit nearer to Me, I go a distance of two outstretched arms nearer to him; and if he comes to Me walking, I go to him running.' "

That the Prophet came to her in a state of fear saying, "None has the right to be worshiped but Allah! Woe to the Arabs because of evil that has come near. Today a hole has been made in the wall of Gog and Magog as large as this." pointing with two of his fingers making a circle. Zainab said, "I said, 'O Allah's Apostle! Shall we be destroyed though amongst us there are pious people? ' He said, 'Yes, if evil increases."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

I remember ten Rakat of Nawafil from the Prophet, two Rakat before the Zuhr prayer and two after it; two Rakat after Maghrib prayer in his house, and two Rakat after 'Isha' prayer in his house, and two Rakat before the Fajr prayer and at that time nobody would enter the house of the Prophet.

Hafsa told me that the Prophet used to offer two Rakat after the call maker had made the Adhan and the day had dawned.

The people (of the Pre-Islamic Period) used to think that to perform `Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) `Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul- Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for `Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)."

The Messenger of Allah (saws) taught me and what he taught me is this: Observe the five prayers regularly. He said: I told (him): I have many works at these times; so give me a comprehensive advice which, if I follow, should be enough for me. He said: Observe the two afternoon prayers (al-asrayn). But the term al-asrayn (two afternoon prayers) was not used in our language. Hence I said: What is al-asrayn? He said: A prayer before the sunrise and a prayer before the sunset (i.e. the dawn and the afternoon prayers).

That Ibn 'Umar said: "When the Messenger of Allah (saws) would wear an 'Imamah would hang between his shoulders."

Nafi' said: "Ibn 'Umar would hang his 'Imamah between his shoulders." 'Ubaidullah said: "And I saw Al-Qasim and Salim doing that."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. And there is something on this topic from 'Ali. And this Hadith of 'Ali about this is not correct due to its chain.

Ibn ‘Abbas reported the Prophet (May peace be upon him) as saying; when a man has intercourse with his wife while she is menstruating, he must give half a dinar in alms.

Abu Dawud said; ‘Ali b. Budhaimah reported similarly on the authority of Miqsam from the Prophet (May peace be upon him). Al-Awza’I narrated from Yazid b. Abi Malik, from ‘Abd al-Hamid b. ‘Abd al-Rahman from the Prophet (May peace be upon him); He ordered him to give two fifth of a dinar in alms. But this is a chain where two narrators (Miqsam and Ibn ‘Abbas) are missing.

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

When `Abdullah bin Salam heard the arrival of the Prophet at Medina, he came to him and said, "I am going to ask you about three things which nobody knows except a prophet: What is the first portent of the Hour? What will be the first meal taken by the people of Paradise? Why does a child resemble its father, and why does it resemble its maternal uncle" Allah's Apostle said, "Gabriel has just now told me of their answers." `Abdullah said, "He (i.e. Gabriel), from amongst all the angels, is the enemy of the Jews." Allah's Apostle said, "The first portent of the Hour will be a fire that will bring together the people from the east to the west; the first meal of the people of Paradise will be Extra-lobe (caudate lobe) of fish-liver. As for the resemblance of the child to its parents: If a man has sexual intercourse with his wife and gets discharge first, the child will resemble the father, and if the woman gets discharge first, the child will resemble her." On that `Abdullah bin Salam said, "I testify that you are the Apostle of Allah." `Abdullah bin Salam further said, "O Allah's Apostle! The Jews are liars, and if they should come to know about my conversion to Islam before you ask them (about me), they would tell a lie about me." The Jews came to Allah's Apostle and `Abdullah went inside the house. Allah's Apostle asked (the Jews), "What kind of man is `Abdullah bin Salam amongst you?" They replied, "He is the most learned person amongst us, and the best amongst us, and the son of the best amongst us." Allah's Apostle said, "What do you think if he embraces Islam (will you do as he does)?" The Jews said, "May Allah save him from it." Then `Abdullah bin Salam came out in front of them saying, "I testify that None has the right to be worshipped but Allah and that Muhammad is the Apostle of Allah." Thereupon they said, "He is the evilest among us, and the son of the evilest amongst us," and continued talking badly of him.

That he asked Sa`id bin Jubair regarding (the statement of Allah). 'Move not your tongue concerning (the Qur'an) to make haste therewith.' He said, "Ibn `Abbas said that the Prophet used to move his lips when the Divine Inspiration was being revealed to him. So the Prophet was ordered not to move his tongue, which he used to do, lest some words should escape his memory. 'It is for Us to collect it' means, We will collect it in your chest;' and its recitation' means, We will make you recite it. 'But when We recite it (i.e. when it is revealed to you), follow its recital; it is for Us to explain it and make it clear,' (i.e. We will explain it through your tongue).

The Prophet said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid.