Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that his father Abdullah ibn Umar used to say, "A man's kissing his wife and fondling her with his hands are part of intercourse. Someone who kisses his wife or fondles her with his hand must do wudu."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "If someone dedicates an animal voluntarily and then it is injured and he kills it and gives everyone a free hand in eating it, he owes nothing. If, however, he eats some of it himself, or tells certain other people to eat it, then he owes compensation."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that lkrama, the mawla of Ibn Abbas, said, (and Thawr believed it to be from Abdullah ibn Abbas), "Someone who has intercourse with his wife before he has done the tawaf al-ifada should do an umra and sacrifice an animal."

The Messenger of Allah (saws) used to sit among his Companions. A stranger would come and not recognize him (the Prophet) until he asked (about him). So we asked the Messenger of Allah (saws) to make a place where he might take his seat so that when a stranger came, he might recognise him. So we built a terrace of soil on which he would take his seat, and we would sit beside him. He then mentioned something similar to this Hadith saying: A man came, and he described his appearance. He saluted from the side of the assembly, saying: Peace be upon you, Muhammad. The Prophet (saws) then responded to him.

During the lifetime of Allah's Apostle, the sun eclipsed. Allah's Apostle offered the prayer of (the) eclipse) and so did the people along with him. He performed a long Qiyam (standing posture) during which Surat-al-Baqara could have been recited; then he performed a pro-longed bowing, then raised his head and stood for a long time which was slightly less than that of the first Qiyam (and recited Qur'an). Then he performed a prolonged bowing again but the period was shorter than the period of the first bowing, then he stood up and then prostrated. Again he stood up, but this time the period of standing was less than the first standing. Then he performed a prolonged bowing but of a lesser duration than the first, then he stood up again for a long time but for a lesser duration than the first. Then he performed a prolonged bowing but of lesser duration than the first, and then he again stood up, and then prostrated and then finished his prayer. By then the sun eclipse had cleared. The Prophet then said, "The sun and the moon are two signs among the signs of Allah, and they do not eclipse because of the death or birth of someone, so when you observe the eclipse, remember Allah (offer the eclipse prayer)." They (the people) said, "O Allah's Apostle! We saw you stretching your hand to take something at this place of yours, then we saw you stepping backward." He said, "I saw Paradise (or Paradise was shown to me), and I stretched my hand to pluck a bunch (of grapes), and had I plucked it, you would have eaten of it as long as this world exists. Then I saw the (Hell) Fire, and I have never before, seen such a horrible sight as that, and I saw that the majority of its dwellers were women." The people asked, "O Allah's Apostle! What is the reason for that?" He replied, "Because of their ungratefulness." It was said. "Do they disbelieve in Allah (are they ungrateful to Allah)?" He replied, "They are not thankful to their husbands and are ungrateful for the favors done to them. Even if you do good to one of them all your life, when she seems some harshness from you, she will say, "I have never seen any good from you.' "

[Al-Bukhari].

Hakim asked (the Prophet): Messenger of Allah, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess.

The Prophet said, "Whoever swears saying in his oath. 'By Al-Lat and Al-`Uzza,' should say, 'None has the right to be worshipped but Allah; and whoever says to his friend, 'Come, let me gamble with you,' should give something in charity."

I asked Khabbab bin Al-Art whether the Prophet used to recite the Qur'an in the Zuhr and the `Asr prayers. He replied in the affirmative. I said, "How did you come to know that?" He replied, "From the movement of his beard."

The people of Yemen used to come for Hajj and used not to bring enough provisions with them and used to say that they depend on Allah. On their arrival in Medina they used to beg the people, and so Allah revealed, "And take a provision (with you) for the journey, but the best provision is the fear of Allah." (2.197).

And with this (same) chain, (it was reported) from the Prophet (saws) who said: "Indeed greater reward comes with greater trial. And indeed, when Allah loves a people He subjects them to trials, so whoever is content, then for him is pleasure, and whoever is discontent, then for him is wrath."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that when the Messenger of Allah, may Allah bless him and grant him peace, went out to Khaybar, he arrived there at night, and when he came upon a people by night, he did not attack until morning. In the morning, the jews came out with their spades and baskets. When they saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The Messenger of Allah, may Allah bless him and grant him peace, said "Allah is greater! Khaybar is destroyed. When we come to a people, it is an evil morning for those who have been warned . "

This tradition has been narrated on the authority of Sufyan with the addition from Abd ar-Razzaq (one of the narrators) explaining the meaning of shikal as a bone whose right back foot and left front foot or left back foot and right front foot are white.

That the Prophet (saws) said, "Whoever fasts a day in the cause of Allah, Allah shall put between him and the Fire a trench whose distance is like that between the heavens and the earth."

This Hadith is Gharib as a narration of Abu Umamah.

My mother said, "O Allah's Apostle! Please invoke Allah on behalf of your servant." He said, "O Allah! Increase his wealth and children, and bestow Your Blessing on whatever You give him." a time of distress.

that she said, "O Allah's Apostle! Anas is your servant, so please invoke for Allah's blessing for him." The Prophet said, "O Allah! Increase his wealth and offspring and bless (for him) whatever You give him."

The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadith No. 629. Vol. 5)

The angel of death was sent to Moses and when he went to him, Moses slapped him severely, spoiling one of his eyes. The angel went back to his Lord, and said, "You sent me to a slave who does not want to die." Allah restored his eye and said, "Go back and tell him (i.e. Moses) to place his hand over the back of an ox, for he will be allowed to live for a number of years equal to the number of hairs coming under his hand." (So the angel came to him and told him the same). Then Moses asked, "O my Lord! What will be then?" He said, "Death will be then." He said, "(Let it be) now." He asked Allah that He bring him near the Sacred Land at a distance of a stone's throw. Allah's Apostle (p.b.u.h) said, "Were I there I would show you the grave of Moses by the way near the red sand hill."

Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."

Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."

Abdullah b. Sarjis (Allah be pleased with him) reported that when Allah's Messenger (may peace be upon him) set forth on a journey, he sought refuge (with Allah) from the hardships of the travelling, and finding of evil changes on return, and disgrace after honour, and the curse of the oppressed and a gloomy sad scene in family and property.

That the Messenger of Allah (saws) said: "Any skin tanned, then it has been made pure."

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge, they say that when the skin of a dead animal has been tanned then it has been made pure.

[Abu 'Eisa said:] Ash-Shafi'i said: "Any dead animals skin that is tanned, then it has been made pure, except for the dog and the pig." Some of the people of knowledge among the Companions of the Prophet (saws) disliked skins of predators even when tanned, and this is the view of 'Abdullah bin Al-Mubarak, Ahmad and Ishaq, and they were firm about not wearing them and performing Salat in them. Ishaq bin Ibrahim said: "The saying of the Prophet (saws):'Any skin that is tanned, then it has been made pure' only refers to the skins of animals whose meat is eaten." This is how it was explained by An-Nasr bin Shumail.

Allah's Apostle said, "Whoever among you takes an oath wherein he says, 'By Al-Lat and Al-`Uzza,' names of two Idols worshipped by the Pagans, he should say, 'None has the right to be worshipped but Allah; And whoever says to his friend, 'Come, let me gamble with you ! He should give something in charity. " (See Hadith No. 645)

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.

the mother of the believers: Allah's Apostle in his illness said, "Tell Abu Bakr to lead the people in prayer." I said to him, "If Abu Bakr stands in your place, the people would not hear him owing to his (excessive) weeping. So please order `Umar to lead the prayer." `Aisha added I said to Hafsa, "Say to him: If Abu Bakr should lead the people in the prayer in your place, the people would not be able to hear him owing to his weeping; so please, order `Umar to lead the prayer." Hafsa did so but Allah's Apostle said, "Keep quiet! You are verily the Companions of Joseph. Tell Abu Bakr to lead the people in the prayer. " Hafsa said to `Aisha, "I never got anything good from you."

A man came to the Prophet on a Friday while he (the Prophet) was delivering a sermon at Medina, and said, "There is lack of rain, so please invoke your Lord to bless us with the rain." The Prophet looked at the sky when no cloud could be detected. Then he invoked Allah for rain. Clouds started gathering together and it rained till the Medina valleys started flowing with water. It continued raining till the next Friday. Then that man (or some other man) stood up while the Prophet was delivering the Friday sermon, and said, "We are drowned; Please invoke your Lord to withhold it (rain) from us" The Prophet smiled and said twice or thrice, "O Allah! Please let it rain round about us and not upon us." The clouds started dispersing over Medina to the right and to the left, and it rained round about Medina and not upon Medina. Allah showed them (the people) the miracle of His Prophet and His response to his invocation.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.

Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."

Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine."

Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs."

Malik said, "All this is what we have described of muzabana."

Someone said to Usama, "Will you not talk to this (Uthman)?" Usama said, "I talked to him (secretly) without being the first man to open an evil door. I will never tell a ruler who rules over two men or more that he is good after I heard Allah's Apostle saying, 'A man will be brought and put in Hell (Fire) and he will circumambulate (go around and round) in Hell (Fire) like a donkey of a (flour) grinding mill, and all the people of Hell (Fire) will gather around him and will say to him, O so-and-so! Didn't you use to order others for good and forbid them from evil?' That man will say, 'I used to order others to do good but I myself never used to do it, and I used to forbid others from evil while I myself used to do evil.' "

Thabit and I went to Anas bin Malik. Thabit said, "O Abu Hamza! I am sick." On that Anas said, "Shall I treat you with the Ruqya of Allah's Apostle?" Thabit said, "Yes," Anas recited, "O Allah! The Lord of the people, the Remover of trouble! (Please) cure (Heal) (this patient), for You are the Healer. None brings about healing but You; a healing that will leave behind no ailment."