Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyub said, "Ibrahim, may Allah bless him and grant him peace, was the first to give hospitality to the guest and the first person to be circumcised and the first person to trim the moustache and the first person to see grey hair. He said, 'O Lord! What is this?' Allah the Blessed, the Exalted, said, 'It is dignity, Ibrahim.' He said, 'Lord, increase me in dignity!' "

Yahya said that he had heard Malik say, "One takes from the moustache until the edge of the lip appears, that is the rim. One does not cut if off completely so that one mutilates oneself."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin that when the Messenger of Allah, may Allah bless him and grant him peace, died, the wives of the Prophet, may Allah bless him and grant him peace, wanted to send Uthman ibn Affan to Abu Bakr as-Siddiq to ask him about their inheritance from the Messenger of Allah, may Allah bless him and grant him peace A'isha said to them, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one inherits from us. What we leave is sadaqa.' "

Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it."

Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it."

Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone."

A lady came to the Prophet and declared that she had decided to offer herself to Allah and His Apostle. The Prophet said, "I am not in need of women." A man said (to the Prophet) "Please marry her to me." The Prophet said (to him), "Give her a garment." The man said, "I cannot afford it." The Prophet said, "Give her anything, even if it were an iron ring." The man apologized again. The Prophet then asked him, "What do you know by heart of the Qur'an?" He replied, "I know such-andsuch portion of the Qur'an (by heart)." The Prophet said, "Then I marry her to you for that much of the Qur'an which you know by heart."

A man asked Ibn `Umar, "What did you hear Allah's Apostle saying regarding An-Najwa (secret talk between Allah and His believing worshipper on the Day of Judgment)?" He said, "(The Prophet said), "One of you will come close to his Lord till He will shelter him in His screen and say: Did you commit such-and-such sin? He will say, 'Yes.' Then Allah will say: Did you commit such and such sin? He will say, 'Yes.' So Allah will make him confess (all his sins) and He will say, 'I screened them (your sins) for you in the world, and today I forgive them for you."'

`Umar saw a silken cloak over a man (for sale) so he took it to the Prophet and said, 'O Allah's Apostle! Buy this and wear it when the delegate come to you.' He said, 'The silk is worn by one who will have no share (in the Here-after).' Some time passed after this event, and then the Prophet sent a (similar) cloak to him. `Umar brought that cloak back to the Prophet and said, 'You have sent this to me, and you said about a similar one what you said?' The Prophet said, 'I have sent it to you so that you may get money by selling it.' Because of this, Ibn `Umar used to hate the silken markings on the garments.

When Al-Mundhir bin Abu Usaid was born, he was brought to the Prophet who placed him on his thigh. While Abu Usaid was sitting there, the Prophet was busy with something in his hands so Abu Usaid told someone to take his son from the thigh of the Prophet . When the Prophet finished his job (with which he was busy), he said, "Where is the boy?" Abu Usaid replied, "We have sent him home." The Prophet said, "What is his name?" Abu Usaid said, "(His name is) so-and-so. " The Prophet said, "No, his name is Al-Mundhir." So he called him Al-Mundhir from that day.

The Prophet said, "Allah created Adam in His picture, sixty cubits (about 30 meters) in height. When He created him, He said (to him), "Go and greet that group of angels sitting there, and listen what they will say in reply to you, for that will be your greeting and the greeting of your offspring." Adam (went and) said, 'As-Salamu alaikum (Peace be upon you).' They replied, 'AsSalamu-'Alaika wa Rahmatullah (Peace and Allah's Mercy be on you) So they increased 'Wa Rahmatullah' The Prophet added 'So whoever will enter Paradise, will be of the shape and picture of Adam Since then the creation of Adam's (offspring) (i.e. stature of human beings is being diminished continuously) to the present time."

Hind bint `Utba bin Rabi`a said, "O Allah 's Apostle! (Before I embraced Islam), there was no family on the surface of the earth, I wish to have degraded more than I did your family. But today there is no family whom I wish to have honored more than I did yours." Allah's Apostle said, "I thought similarly, by Him in Whose Hand Muhammad's soul is!" Hind said, "O Allah's Apostle! (My husband) Abu Sufyan is a miser. Is it sinful of me to feed my children from his property?" The Prophet said, "No, unless you take it for your needs what is just and reasonable."

I heard `Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Alqama bin Waqqas and 'Ubaidullah bin `Abdullah narrating from `Aisha, the wife of the Prophet, the story about the liars who said what they said about her and how Allah revealed her innocence afterwards. Each one of the above four narrators narrated to me a portion of her narration. (It was said in it), "The Prophet stood up, saying, 'Is there anyone who can relieve me from `Abdullah bin Ubai?' On that, Usaid bin Hudair got up and said to Sa`d bin 'Ubada, La`Amrullahi (By the Eternity of Allah), we will kill him!' "

[Al-Bukhari and Muslim].

The Prophet sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! " Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, "By Allah, I shall not kill my captive and none of my companions shall kill his captive!" Then we mentioned that to the Prophet and he said, "O Allah! I am free from what Khalid bin Al-Walid has done," and repeated it twice.

Ibn `Abbas said, "Why do you ask the people of the scripture about anything while your Book (Qur'an) which has been revealed to Allah's Apostle is newer and the latest? You read it pure, undistorted and unchanged, and Allah has told you that the people of the scripture (Jews and Christians) changed their scripture and distorted it, and wrote the scripture with their own hands and said, 'It is from Allah,' to sell it for a little gain. Does not the knowledge which has come to you prevent you from asking them about anything? No, by Allah, we have never seen any man from them asking you regarding what has been revealed to you!"

The Prophet said, "(There are) three (types of persons to whom) Allah will neither speak to them on the Day of Resurrections, nor look at them (They are):--(1) a man who takes a false oath that he has been offered for a commodity a price greater than what he has actually been offered; (2) and a man who takes a false oath after the `Asr (prayer) in order to grab the property of a Muslim through it; (3) and a man who forbids others to use the remaining superfluous water. To such a man Allah will say on the Day of Resurrection, 'Today I withhold My Blessings from you as you withheld the superfluous part of that (water) which your hands did not create.' "

Yahya related to me from Malik that Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazim heard Urwa ibn az-Zubayr saying, "I went to see Marwan ibn al-Hakam and we talked about what you had to do wudu for, and Marwan said, 'You have to do wudu if you touch your penis.' Urwa said, 'I didn't know that.' Marwan ibn al-Hakam said that Busra bint Safwan had told him that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If any of you touches his penis he should do wudu.' "

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, "One of the companions of the Messenger of Allah, may Allah bless him and grant him peace, came into the mosque on the day of jumua and Umar ibn al Khattab was already giving the khutba. Umar said, 'What (kind of) time is this (to arrive)?' He said, Amir al- muminin, I returned from the market and heard the call to prayer, so I did no more than do wudu.' Umar said, 'You only did wudu as well? You know that the Messenger of Allah, may Allah bless him and grant him peace, used to tell people to do ghusl.' "

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Sheep from the zakat were brought past Umar ibn al-Khattab and he saw amongst them a sheep with a large udder, ready to give milk, and he said, 'What is this sheep doing here?' and they replied, 'It is one of the sheep from the zakat.' Umar said, 'The owners did not give this sheep willingly. Do not subject people to trials. Do not take from the muslims those of their animals which are the best food-producers.' "

Yahya related to me from Malik from Nafi that he had heard Aslam, the mawla of Umar ibn al-Khattab, telling 'Abdullah ibn Umar that Umar ibn al-Khattab once saw a dyed garment on Talha ibn Ubaydullah while he was in ihram and Umar said, "What is this dyed garment, Talha?", and Talha said, "Amir al-muminin, it is only mud.'' Umar said, "You and your like are taken by people as imams, and if an ignorant man were to see this garment he would say that Talha ibn Ubaydullah used to wear a dyed robe while he was in ihram. So do not wear any form of dyed clothes."

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

People say that I have narrated many Hadiths (The Prophet's narration). Had it not been for two verses in the Qur'an, I would not have narrated a single Hadith, and the verses are: "Verily those who conceal the clear sign and the guidance which We have sent down . . . (up to) Most Merciful." (2:159-160). And no doubt our Muhajir (emigrant) brothers used to be busy in the market with their business (bargains) and our Ansari brothers used to be busy with their property (agriculture). But I (Abu Huraira) used to stick to Allah's Apostle contented with what will fill my stomach and I used to attend that which they used not to attend and I used to memorize that which they used not to memorize.

Allah's Apostle led the morning prayer in Al-Hudaibiya and it had rained the previous night. When the Prophet (p.b.u.h) had finished the prayer he faced the people and said, "Do you know what your Lord has said?" They replied, "Allah and His Apostle know better." (The Prophet said), "Allah says, 'In this morning some of My worshipers remained as true believers and some became non-believers; he who said that it had rained with the blessing and mercy of Allah is the one who believes in Me and does not believe in star, but he who said it had rained because of such and such (star) is a disbeliever in Me and is a believer in star.' "

Aisha said, "the Prophet used to practice I`tikaf in the last ten days of Ramadan and I used to pitch a tent for him, and after offering the morning prayer, he used to enter the tent." Hafsa asked the permission of `Aisha to pitch a tent for her and she allowed her and she pitched her tent. When Zainab bint Jahsh saw it, she pitched another tent. In the morning the Prophet noticed the tents. He said, 'What is this?" He was told of the whole situation. Then the Prophet said, "Do you think that they intended to do righteousness by doing this?" He therefore abandoned the I`tikaf in that month and practiced I`tikaf for ten days in the month of Shawwal."

An Ansari woman said to Allah's Apostle, "O Allah's Apostle! Shall I make something for you to sit on, as I have a slave who is a carpenter?" He replied, "If you wish." So, she got a pulpit made for him. When it was Friday the Prophet sat on that pulpit. The date-palm stem near which the Prophet used to deliver his sermons cried so much so that it was about to burst. The Prophet came down from the pulpit to the stem and embraced it and it started groaning like a child being persuaded to stop crying and then it stopped crying. The Prophet said,"It has cried because of (missing) what it use to hear of the religions knowledge."

"The Messenger of Allah (saws) prohibited bartering animals on credit."

He said: There are narration on this topic from Ibn 'Abbas, Jabir, Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Samurah is Hasan Sahih Hadith. It is correct that Al-Hasan heard from Samurah, this is what 'Ali bin Al-Madini and others said.

Regarding (the prohibition of) bartering animals on credit, this is acted upon according to most of the people of knowledge among the Companions of the Prophet (saws) and others. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah, and it is the view of Ahmad.

Some of the people of knowledge, among the Companions of the Prophet (saws) and others, permitted bartering animals for animals on credit. This is the view of Ash-Shafi'i and Ishaq.

That the Messenger of Allah (saws): "A riding animal can be ridden while it is pawned, and a milking animal can be milked while it is pawned, and it is up to the one riding and drinking (the milk) to maintain it."

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

We do now know of it being Marfu' except by the narration of 'Amir Ash-Sha'bi from Abu Hurairah. Others have reported this Hadith from Al-A'mash, from Abu Salih, from Abu Hurairah in Mawquf form.

This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

Some of the people of knowledge said that one may not benefit in any way from what is pawned.

A man came to the Prophet (saws) and said: I cannot memorise anything from the Qur'an: so teach me something which is sufficient for me. He said: Say Glory be to Allah, and praise be to Allah, and there is no god but Allah, and Allah is most great, and there is no might and no strength but in Allah.

:He said: Messenger of Allah, this is for Allah, but what is for me? He said: Say: O Allah have mercy on me, and sustain me, and keep me well, and guide me. When he stood up, he made a sign with his hand (indicating that he had earned a lot).

The Messenger of Allah (saws) said: He filed up his hand with virtues.

My father told me that Hakim bin Hizam manumitted one-hundred slaves in the Pre-Islamic period of ignorance and slaughtered one-hundred camels (and distributed them in charity). When he embraced Islam he again slaughtered one-hundred camels and manumitted one-hundred slaves. Hakim said, "I asked Allah's Apostle, 'O Allah's Apostle! What do you think about some good deeds I used to practice in the Pre-Islamic period of ignorance regarding them as deeds of righteousness?' Allah's Apostle said, "You have embraced Islam along with all those good deeds you did."

Ubaidullah bin `Abdullah told me that `Aisha had said, "When the Prophet became sick and his condition became serious, he requested his wives to allow him to be treated in my house, and they allowed him. He came out leaning on two men while his feet were dragging on the ground. He was walking between Al-`Abbas and another man." 'Ubaidullah said, "When I informed Ibn `Abbas of what `Aisha had said, he asked me whether I knew who was the second man whom `Aisha had not named. I replied in the negative. He said, 'He was `Ali bin Abi Talib."

`Umar bin Al-Khattab saw a silken dress (cloak) being sold at the gate of the Mosque and said, "O Allah's Apostle! Would that you buy it and wear it on Fridays and when the delegates come to you!" Allah's Apostle said, "This is worn by the one who will have no share in the Hereafter." Later on some silk dresses were brought and Allah's Apostle sent one of them to `Umar. `Umar said, "How do you give me this to wear while you said what you said about the dress of 'Utarid?" Allah's Apostle said, "I have not given it to you to wear." So, `Umar gave it to a pagan brother of his in Mecca.

Allah's Apostle said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

I heard Ibn `Abbas saying, "O people! Listen to what I say to you, and let me hear whatever you say, and don't go (without understanding), and start saying, 'Ibn `Abbas said so-and-so, Ibn `Abbas said soand- so, Ibn `Abbas said so-and-so.' He who wants to perform the Tawaf around the Ka`ba should go behind Al-Hijr (i.e. a portion of the Ka`ba left out unroofed) and do not call it Al-Hatim, for in the pre-Islamic period of ignorance if any man took an oath, he used to throw his whip, shoes or bow in it.

"Allah's Apostle said to me, "Have you got married O Jabir?" I replied, "Yes." He asked "What, a virgin or a matron?" I replied, "Not a virgin but a matron." He said, "Why did you not marry a young girl who would have fondled with you?" I replied, "O Allah's Apostle! My father was martyred on the day of Uhud and left nine (orphan) daughters who are my nine sisters; so I disliked to have another young girl of their age, but (I sought) an (elderly) woman who could comb their hair and look after them." The Prophet said, "You have done the right thing."

That he heard Sahl bin Sa`d being asked about the wounds of Allah's Apostle saying, "By Allah, I know who washed the wounds of Allah's Apostle and who poured water (for washing them), and with what he was treated." Sahl added, "Fatima, the daughter of Allah's Apostle used to wash the wounds, and `Ali bin Abi Talib used to pour water from a shield. When Fatima saw that the water aggravated the bleeding, she took a piece of a mat, burnt it, and inserted its ashes into the wound so that the blood was congealed (and bleeding stopped). His canine tooth got broken on that day, and face was wounded, and his helmet was broken on his head."

Allah's Apostle set out with the intention of performing `Umra, but the infidels of Quraish intervened between him and the Ka`ba, so the Prophet slaughtered his Hadi (i.e. sacrificing animals and shaved his head at Al-Hudaibiya and concluded a peace treaty with them (i.e. the infidels) on condition that he would perform the `Umra the next year and that he would not carry arms against them except swords, and would not stay (in Mecca) more than what they would allow. So the Prophet performed the `Umra in the following year and according to the peace treaty, he entered Mecca, and when he had stayed there for three days, the infidels ordered him to leave, and he left.

`Urwa and I entered the Mosque and found `Abdullah bin `Umar sitting beside the dwelling place of `Aisha. `Urwa asked (Ibn `Umar), "How many `Umras did the Prophet perform?" Ibn `Umar replied, "Four, one of which was in Rajab." Then we heard `Aisha brushing her teeth whereupon `Urwa said, "O mother of the believers! Don't you hear what Abu `Abdur-Rahman is saying? He is saying that the Prophet performed four `Umra, one of which was in Rajab." `Aisha said, "The Prophet did not perform any `Umra but he (i.e. Ibn `Umar) witnessed it. And he (the Prophet ) never did any `Umra in (the month of) Rajab."

Abu Dawud said : Marwan b. Muhammad said: He is Rabah b. al-Walid who heard from him (nimran). He (Marwan b. Muhammad) said: Yahya b. Hussain was confused in it.

I asked Rafi' b. Khadij about the lease of land for gold and silver (i.e. for dinars and dirhams). There is no harm in it, for the people used to let out land in the time of the Messenger of Allah (saws) for what grew by the current of water and at the banks of streamlets and at the places of cultivation. So sometimes this (portion) perished and that (portion) was saved, and sometimes this remained intact and that perished. There was no (form of) lease among the people except this. Therefore, he forbade it. But if there is something which is secure and known, then there is no harm in it. The tradition of Ibrahim is more perfect. Qutaibah said: "from Hanzalah on the authority of Rafi' ".

Abu Dawud said: A similar tradition has been transmitted by Yahya b. Sa'id from Hanzalah.

Anas reported the Apostle of Allaah(saws) as saying “He who kills and infidel gets his spoil.” Abu Talhah killed twenty men that day meaning the day of Hunain and got their spoils. Abu Talhah met Umm Sulaim who had a dagger with her. He asked “What is with you, Umm Sulaim”? She replied “I swear by Allaah, I intended that if anyone came near me I would pierce his belly with it. Abu Talhah informed the Apostle of Allaah(saws)about it.

Abu Dawud said “This is good (hasan) tradition."

Abu Dawud said “By this was meant dagger. The weapon used by the Non – Arabs in those days was dagger.”

The commencement of the Divine Inspiration to Allah's Apostle was in the form of good righteous (true) dreams in his sleep. He never had a dream but that it came true like bright day light. He used to go in seclusion (the cave of) Hira where he used to worship(Allah Alone) continuously for many (days) nights. He used to take with him the journey food for that (stay) and then come back to (his wife) Khadija to take his food like-wise again for another period to stay, till suddenly the Truth descended upon him while he was in the cave of Hira. The angel came to him in it and asked him to read. The Prophet replied, "I do not know how to read." (The Prophet added), "The angel caught me (forcefully) and pressed me so hard that I could not bear it anymore. He then released me and again asked me to read, and I replied, "I do not know how to read," whereupon he caught me again and pressed me a second time till I could not bear it anymore. He then released me and asked me again to read, but again I replied, "I do not know how to read (or, what shall I read?)." Thereupon he caught me for the third time and pressed me and then released me and said, "Read: In the Name of your Lord, Who has created (all that exists). Has created man from a clot. Read and Your Lord is Most Generous...up to..... ..that which he knew not." (96.15) Then Allah's Apostle returned with the Inspiration, his neck muscles twitching with terror till he entered upon Khadija and said, "Cover me! Cover me!" They covered him till his fear was over and then he said, "O Khadija, what is wrong with me?" Then he told her everything that had happened and said, 'I fear that something may happen to me." Khadija said, 'Never! But have the glad tidings, for by Allah, Allah will never disgrace you as you keep good reactions with your Kith and kin, speak the truth, help the poor and the destitute, serve your guest generously and assist the deserving, calamityafflicted ones." Khadija then accompanied him to (her cousin) Waraqa bin Naufal bin Asad bin `Abdul `Uzza bin Qusai. Waraqa was the son of her paternal uncle, i.e., her father's brother, who during the Pre-Islamic Period became a Christian and used to write the Arabic writing and used to write of the Gospels in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said to him, "O my cousin! Listen to the story of your nephew." Waraqa asked, "O my nephew! What have you seen?" The Prophet described whatever he had seen. Waraqa said, "This is the same Namus (i.e., Gabriel, the Angel who keeps the secrets) whom Allah had sent to Moses. I wish I were young and could live up to the time when your people would turn you out." Allah's Apostle asked, "Will they turn me out?" Waraqa replied in the affirmative and said: "Never did a man come with something similar to what you have brought but was treated with hostility. If I should remain alive till the day when you will be turned out then I would support you strongly." But after a few days Waraqa died and the Divine Inspiration was also paused for a while and the Prophet became so sad as we have heard that he intended several times to throw himself from the tops of high mountains and every time he went up the top of a mountain in order to throw himself down, Gabriel would appear before him and say, "O Muhammad! You are indeed Allah's Apostle in truth" whereupon his heart would become quiet and he would calm down and would return home. And whenever the period of the coming of the inspiration used to become long, he would do as before, but when he used to reach the top of a mountain, Gabriel would appear before him and say to him what he had said before. (Ibn `Abbas said regarding the meaning of: 'He it is that Cleaves the daybreak (from the darkness)' (6.96) that Al-Asbah. means the light of the sun during the day and the light of the moon at night).

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.