I heard the Messenger of Allah (saws) say: Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful.

When Uthman ibn Maz'un died, he was brought out on his bier and buried. The Prophet (saws) ordered a man to bring him a stone, but he was unable to carry it. The Messenger of Allah (saws) got up and going over to it rolled up his sleeves.

The narrator Kathir told that al-Muttalib remarked: The one who told me about the Messenger of Allah (saws) said: I still seem to see the whiteness of the forearms of the Messenger of Allah (saws) when he rolled up his sleeves. He then carried it and placed it at his head saying: I am marking my brother's grave with it, and I shall bury beside him those of my family who die.

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

Abu Talha was the richest man in Medina amongst the Ansar and Beeruha' (garden) was the most beloved of his property, and it was situated opposite the mosque (of the Prophet.). Allah's Apostle used to enter it and drink from its sweet water. When the following Divine Verse were revealed: 'you will not attain righteousness till you spend in charity of the things you love' (3.92), Abu Talha got up in front of Allah's Apostle and said, "O Allah's Apostle! Allah says in His Book, 'You will not attain righteousness unless you spend (in charity) that which you love,' and verily, the most beloved to me of my property is Beeruha (garden), so I give it in charity and hope for its reward from Allah. O Allah's Apostle! Spend it wherever you like." Allah's Apostle appreciated that and said, "That is perishable wealth, that is perishable wealth. I have heard what you have said; I suggest you to distribute it among your relatives." Abu Talha said, "I will do so, O Allah's Apostle." So, Abu Talha distributed it among his relatives and cousins. The sub-narrator (Malik) said: The Prophet said: "That is a profitable wealth," instead of "perishable wealth".

Safiyyah, daughter of Atiyyah, said: I entered upon Aisha with some women of AbdulQays, and asked her about mixing dried dates and raisins (for drink). She replied: I used to take a handful of dried dates and a handful or raisins and put them in a vessel, and then crush them (and soak in water). Then I would give it to the Prophet (saws) to drink.

A bedouin urinated in the mosque, and the people rushed to beat him. Allah's Apostle ordered them to leave him and pour a bucket or a tumbler (full) of water over the place where he has passed urine. The Prophet then said, " You have been sent to make things easy (for the people) and you have not been sent to make things difficult for them."

Jabir b. Abdullah reported that Allah's Messenger (may peace be upon him) said that the inmates of Paradise would eat therein and they would also drink, but they would neither void excrement, nor suffer catarrh, nor pass water, and their eating (would be digested) in the form of belching and their sweat would be musk aged they would glorify and praise Allah as easily ai you breathe.

When the Prophet (sal Allaahu alayhi wa sallam ) went to the privy, I took to him water in a small vessel or a skin, and he cleansed himself. He then wiped his hand on the ground. I then took to him another vessel and he performed ablution.

Abu Dawud said : The tradition is transmitted by al-Aswad b. 'Amir is more perfect.

(the brother of Bani Sa`ida) A man from the Ansar came to the Prophet and said, "If a man finds another man sleeping with his wife, should he kill him?" That man and his wife then did Lian in the mosque while I was present.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Abu Murra, the mawla of Aqil ibn Abi Talib from Abu Waqid al-Laythi that the Messenger of Allah, may Allah bless him and grant him peace, was sitting in the mosque with some people when three people came in. Two came toward the Messenger of Allah, may Allah bless him and grant him peace, and one went away. When the two stopped at the assembly of the Messenger of Allah, may Allah bless him and grant him peace, they gave the greeting. One of them saw a gap in the circle and sat in it. The other sat down behind the circle. The third turned away and left. When the Messenger of Allah, may Allah bless him and grant him peace, finished, he said, "Shall I tell you about three people? One of them sought shelter with Allah, so Allah gave him shelter. The other was shy, so Allah was shy to him. The other turned away, so Allah turned away from him."

A man came to Ibn `Abbas while Abu Huraira was sitting with him and said, "Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband." Ibn `Abbas said, "This indicates the end of one of the two prescribed periods." I said "For those who are pregnant, their prescribed period is until they deliver their burdens." Abu Huraira said, I agree with my cousin (Abu Salama)." Then Ibn `Abbas sent his slave, Kuraib to Um Salama to ask her (regarding this matter). She replied. "The husband of Subai'a al Aslamiya was killed while she was pregnant, and she delivered a baby forty days after his death. Then her hand was asked in marriage and Allah's Apostle married her (to somebody). Abu As-Sanabil was one of those who asked for her hand in marriage".

Sa`d bin 'Ubada said, "If I saw a man with my wife, I would strike him (behead him) with the blade of my sword." This news reached Allah's Apostle who then said, "You people are astonished at Sa`d's Ghira. By Allah, I have more Ghira than he, and Allah has more Ghira than I, and because of Allah's Ghira, He has made unlawful Shameful deeds and sins (illegal sexual intercourse etc.) done in open and in secret. And there is none who likes that the people should repent to Him and beg His pardon than Allah, and for this reason He sent the warners and the givers of good news. And there is none who likes to be praised more than Allah does, and for this reason, Allah promised to grant Paradise (to the doers of good)." `Abdul Malik said, "No person has more Ghira than Allah."

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

Once the Prophet was riding his camel and a man was holding its rein. The Prophet asked, "What is the day today?" We kept quiet, thinking that he might give that day another name. He said, "Isn't it the day of Nahr (slaughtering of the animals of sacrifice)" We replied, "Yes." He further asked, "Which month is this?" We again kept quiet, thinking that he might give it another name. Then he said, "Isn't it the month of Dhul-Hijja?" We replied, "Yes." He said, "Verily! Your blood, property and honor are sacred to one another (i.e. Muslims) like the sanctity of this day of yours, in this month of yours and in this city of yours. It is incumbent upon those who are present to inform those who are absent because those who are absent might comprehend (what I have said) better than the present audience."

I heard from Sa`d, the first man who has thrown an arrow in Allah's Cause, and from Abu Bakra who jumped over the wall of the Ta'if Fort along with a few persons and came to the Prophet. They both said, "We heard the Prophet saying, " If somebody claims to be the son of somebody other than his father knowingly, he will be denied Paradise (i.e. he will not enter Paradise).' " Narrated Ma`mar from `Asim from Abu Al-`Aliya or Abu `Uthman An-Nahdi who said. "I heard Sa`d and Abu Bakra narrating from the Prophet." `Asim said, "I said (to him), 'Very trustworthy persons have narrated to you.' He said, 'Yes, one of them was the first to throw an arrow in Allah's Cause and the other came to the Prophet in a group of thirty-three persons from Ta'if.'

Al-Bara' had a she-camel which was accustomed to graze the standing crop belonging to the people. She entered a garden and did damage to it. The Messenger of Allah (saws) was informed about it.

So he gave decision that the owners of gardens are responsible for guarding them by day, and the owners of the animals are responsible for guarding them by night. Any damage done by animals during the night is a responsibility lying on their owners.

The Holy Prophet (saws) gave a decision between two men, and the one against whom the decision was given turned away and said: For me Allah sufficeth, and He is the best dispenser of affairs. The Holy Prophet (saws) said: Allah, Most High, blames for falling short, but apply intelligence, and when the matter gets the better of you, say; For me Allah sufficeth, and He is the best disposer of affairs.

On his father's authority, said that his grandfather reported the Prophet (saws) said: Blood-wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the culprit is not to be killed. Khalid gave us some additional information on the authority of Ibn Rashid: That (unintentional murder which resembles intentional murder) means that Satan jumps among the people and then the blood is shed blindly without any malice and weapon.

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her.

I heard Allah's Apostle saying, "While I was sleeping, I saw a bowl full of milk was brought to me and I drank of it (to my fill) till I noticed its wetness flowing (in my body). Then I gave the remaining of it to `Umar." They asked, "O Allah's Apostle! What have you interpreted (about the dream)? He said, "(It is Religious) knowledge." (See Hadith No. 134)

We gave the oath of allegiance to Allah's Apostle that we would listen to and obey him both at the time when we were active and at the time when we were tired and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers. (See Hadith No. 178 and 320)

A bedouin gave the Pledge of allegiance to Allah's Apostle for Islam and the bedouin got a fever where upon he said to the Prophet "Cancel my Pledge." But the Prophet refused. He came to him (again) saying, "Cancel my Pledge.' But the Prophet refused. Then (the bedouin) left (Medina). Allah's Apostle said: "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good."

`Ata' said, "I heard Jabir bin `Abdullah saying, 'We never ate the meat of the Budn for more than three days of Mina. Later, the Prophet gave us permission by saying: 'Eat and take (meat) with you. So we ate (some) and took (some) with us.' " I asked `Ata', "Did Jabir say (that they went on eating the meat) till they reached Medina?" `Ata' replied, "No."

Anas b. Malik (Allah be pleased wish him) reported that Allah's Messenger (may peace be upon him) came to Mina; he went to the Jamra and threw pebbles at it, after which he went to his lodging in Mina, and sacrificed the animal. He then called for a barber and, turning his right side to him, let him shave him; after which he tiimed his left side. He then gave (these hair) to the people.

When `Abdullah (my father) died, he left behind children and debts. I asked the lenders to put down some of his debt, but they refused, so I went to the Prophet to intercede with them, yet they refused. The Prophet said (to me), "Classify your dates into their different kinds: 'Adha bin Zaid, Lean and 'Ajwa, each kind alone and call all the creditors and wait till I come to you." I did so and the Prophet came and sat beside the dates and started measuring to each his due till he paid them fully, and the amount of dates remained as it was before, as if he had not touched them. (On another occasion) I took part in one of Ghazawat among with the Prophet and I was riding one of our camels. The camel got tired and was lagging behind the others. The Prophet hit it on its back. He said, "Sell it to me, and you have the right to ride it till Medina.'' When we approached Medina, I took the permission from the Prophet to go to my house, saying, "O Allah's Apostle! I have newly married." The Prophet asked, "Have you married a virgin or a matron (a widow or divorcee)?" I said, "I have married a matron, as `Abdullah (my father) died and left behind daughters small in their ages, so I married a matron who may teach them and bring them up with good manners." The Prophet then said (to me), "Go to your family." When I went there and told my maternal uncle about the selling of the camel, he admonished me for it. On that I told him about its slowness and exhaustion and about what the Prophet had done to the camel and his hitting it. When the Prophet arrived, I went to him with the camel in the morning and he gave me its price, the camel itself, and my share from the war booty as he gave the other people.

Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth said (to me), "What forbids you to talk to `Uthman about his brother Al-Walid because people have talked much about him?" So I went to `Uthman and when he went out for prayer I said (to him), "I have something to say to you and it is a piece of advice for you " `Uthman said, "O man, from you." (`Umar said: I see that he said, "I seek Refuge with Allah from you.") So I left him and went to them. Then the messenger of `Uthman came and I went to him (i.e. `Uthman), `Uthman asked, "What is your advice?" I replied, "Allah sent Muhammad with the Truth, and revealed the Divine Book (i.e. Qur'an) to him; and you were amongst those who followed Allah and His Apostle, and you participated in the two migrations (to Ethiopia and to Medina) and enjoyed the company of Allah's Apostle and saw his way. No doubt, the people are talking much about Al-Walid." `Uthman said, "Did you receive your knowledge directly from Allah's Apostle ?" I said, "No, but his knowledge did reach me and it reached (even) to a virgin in her seclusion." `Uthman said, "And then Allah sent Muhammad with the Truth and I was amongst those who followed Allah and His Apostle and I believed in what ever he (i.e. the Prophet) was sent with, and participated in two migrations, as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance him. By Allah! I never disobeyed him, nor did I cheat him till Allah took him unto Him. Then I treated Abu Bakr and then `Umar similarly and then I was made Caliph. So, don't I have rights similar to theirs?" I said, "Yes." He said, "Then what are these talks reaching me from you people? Now, concerning what you mentioned about the question of Al-Walid, Allah willing, I shall deal with him according to what is right." Then he called `Ali and ordered him to flog him, and `Ali flogged him (i.e. Al-Walid) eighty lashes.

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

A group of eight men from the tribe of 'Ukil came to the Prophet and then they found the climate of Medina unsuitable for them. So, they said, "O Allah's Apostle! Provide us with some milk." Allah's Apostle said, "I recommend that you should join the herd of camels." So they went and drank the urine and the milk of the camels (as a medicine) till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after whey were Muslims. When the Prophet was informed by a shouter for help, he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and whey were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died (Abu Qilaba, a sub-narrator said, "They committed murder and theft and fought against Allah and His Apostle, and spread evil in the land.")

The Messenger of Allah (saws) used to sit with us in meetings and talk to us. When he stood up we also used to stand up and see him entering the house of one of his wives. One day he talked to us and we stood up as he stood up and we saw that an Arabi (a nomadic Arab) caught hold of him and gave his cloak a violent tug making his neck red.

AbuHurayrah said: The cloak was coarse. He turned to him and the Arabi said to him: Load these two camels of mine, for you do not give me anything from your property or from your father's property.

The Prophet (saws) said to him: No, I ask Allah's forgiveness; no, I ask Allah's forgiveness; no, I ask Allah's forgiveness. I shall not give you the camel-load until you make amends for the way in which you tugged at me.

Each time the Arabi said to him: I swear by Allah, I shall not do so.

He then mentioned the rest of the tradition. He (the Prophet), then called a man and said to him: Load these two camels of his: one camel with barley and the other with dates. He then turned to us and said: Go on your way with the blessing of Allah.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

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

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin `Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`