Malik related to me that Zayd ibn Aslam said, "Usury in the Jahiliyya was that a man would give a loan to a man for a set term. When the term was due, he would say, 'Will you pay it off or increase me?' If the man paid, he took it. If not, he increased him in his debt and lengthened the term for him ."

Malik said, "The disapproved of way of doing things about which there is no dispute among us, is that a man should give a loan to a man for a term, and then the demander reduce it and the one from whom it is demanded pay it in advance. To us that is like someone who delays repaying his debt after it is due to his creditor and his creditor increases his debt." Malik said, "This is nothing else but usury. No doubt about it."

Malik spoke about a man who loaned one hundred dinars to a man for two terms. When it was due, the person who owed the debt said to him, "Sell me some goods, whose price is one hundred dinars in cash for one hundred and fifty on credit." Malik said, "This transaction is not good, and the people of knowledge still forbid it."

Malik said, "This is disapproved of because the creditor himself gives the debtor the price of what the man sells him, and he defers repayment of the hundred of the first transaction for the debtor for the term which is mentioned to him in the second transaction, and the debtor increases him with fifty dinars for his deferring him. That is disapproved of and it is not good. It also resembles the hadith of Zayd ibn Aslam about the transactions of the people of the Jahiliyya. When their debts were due, they said to the person with the debt, 'Either you pay in full or you increase it.' If they paid, they took it, and if not they increased debtors in their debts, and extended the term for them."

Abu Dawud said: This tradition has been transmitted by al-Darawardi from ‘Ubaid Allah on the authority of Ibn ‘Umar, saying: there was a mu'adhdhin of ‘Umar, named Mas’ud. He then narrated the rest of the tradition. This version is more correct than one.

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

Malik said, "That is the best of what I have heard."

When the verse: "O ye who believe! eat not up your property among yourselves in vanities, but let there be amongst you traffic and trade by mutual good will" was revealed, a man thought it a sin to eat in the house of another man after the revelation of this verse.

Then this (injunction) was revealed by the verse in Surat an-Nur: "No blame on you whether you eat in company or separately."

When a rich man (after revelation) invited a man from his people to eat food in his house, he would say: I consider it a sin to eat from it, and he said: a poor man is more entitled to it than I. The Arabic word tajannah means sin or fault. It was then declared lawful to eat something on which the name of Allah was mentioned, and it was made lawful to eat the flesh of an animal slaughtered by the people of the Book.

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Yahya related to me from Malik that he asked Ibn Shihab about making a condition in the hajj that one could leave ihram at any place where an obstacle befell one and he said, "Does anyone do that?' and disapproved of it.

Malik was asked whether a man could cut plants from the Haram for his mount, and he said, "No."

A drunk was brought to the Prophet and he ordered him to be beaten (lashed). Some of us beat him with our hands, and some with their shoes, and some with their garments (twisted in the form of a lash). When that drunk had left, a man said, "What is wrong with him? May Allah disgrace him!" Allah's Apostle said, "Do not help Satan against your (Muslim) brother."

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the call to prayer is made Shaytan retreats, passing wind, so that he will not hear the adhan. When the adhan is completed he comes back, until, when the iqama is said, he retreats again. When the iqama is completed, he comes back, until he comes between a man and his self and says, 'Think of such and such, think of such and such,' which he was not thinking about before, until the man does not know how much he has prayed."

The wife of the Prophet that she went to Allah's Apostle while he was in I`tikaf (staying in the mosque) during the last ten nights of the month of Ramadan. She spoke to him for an hour (a while) at night and then she got up to return home. The Prophet got up to accompany her, and when they reached the gate of the mosque opposite the dwelling place of Um Salama, the wife of the Prophet, two Ansari men passed by, and greeting Allah's Apostle , they quickly went ahead. Allah's Apostle said to them, "Do not be in a hurry She is Safiya, the daughter of Huyai." They said, "Subhan Allah! O Allah's Apostle (how dare we suspect you)." That was a great thing for both of them. The Prophet then said, "Satan runs in the body of Adam's son (i.e. man) as his blood circulates in it, and I was afraid that he (Satan) might insert an evil thought in your hearts."

The Prophet said, 'No 'Adwa (i.e. no contagious disease is conveyed to others without Allah's permission); nor (any evil omen in the month of) Safar; nor Hama" A bedouin said, "O Allah's Apostle! What about the camels which, when on the sand (desert) look like deers, but when a mangy camel mixes with them they all get infected with mange?" On that Allah s Apostle said, "Then who conveyed the (mange) disease to the first (mangy) camel?"

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."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (i.e. The man's giving his wife power over herself was not interpreted as a desire for divorce on his part.)

We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."

When the delegates of the tribe of Hawazin after embracing Islam, came to Allah's Apostle, he got up. They appealed to him to return their properties and their captives. Allah's Apostle said to them, "The most beloved statement to me is the true one. So, you have the option of restoring your properties or your captives, for I have delayed distributing them." The narrator added, Allah's Apostle c had been waiting for them for more than ten days on his return from Taif. When they realized that Allah's Apostle would return to them only one of two things, they said, "We choose our captives." So, Allah's Apostle got up in the gathering of the Muslims, praised Allah as He deserved, and said, "Then after! These brethren of yours have come to you with repentance and I see it proper to return their captives to them. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first booty which Allah will give us then he can do so." The people replied, "We agree to give up our shares willingly as a favor for Allah's Apostle." Then Allah's Apostle said, "We don't know who amongst you has agreed and who hasn't. Go back and your chiefs may tell us your opinion." So, all of them returned and their chiefs discussed the matter with them and then they (i.e. their chiefs) came to Allah's Apostle to tell him that they (i.e. the people) had given up their shares gladly and willingly.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.

Allah's Apostle very often used to ask his companions, "Did anyone of you see a dream?" So dreams would be narrated to him by those whom Allah wished to tell. One morning the Prophet said, "Last night two persons came to me (in a dream) and woke me up and said to me, 'Proceed!' I set out with them and we came across a man lying down, and behold, another man was standing over his head, holding a big rock. Behold, he was throwing the rock at the man's head, injuring it. The rock rolled away and the thrower followed it and took it back. By the time he reached the man, his head returned to the normal state. The thrower then did the same as he had done before. I said to my two companions, 'Subhan Allah! Who are these two persons?' They said, 'Proceed!' So we proceeded and came to a man lying flat on his back and another man standing over his head with an iron hook, and behold, he would put the hook in one side of the man's mouth and tear off that side of his face to the back (of the neck) and similarly tear his nose from front to back and his eye from front to back. Then he turned to the other side of the man's face and did just as he had done with the other side. He hardly completed this side when the other side returned to its normal state. Then he returned to it to repeat what he had done before. I said to my two companions, 'Subhan Allah! Who are these two persons?' They said to me, 'Proceed!' So we proceeded and came across something like a Tannur (a kind of baking oven, a pit usually clay-lined for baking bread)." I think the Prophet said, "In that oven there was much noise and voices." The Prophet added, "We looked into it and found naked men and women, and behold, a flame of fire was reaching to them from underneath, and when it reached them, they cried loudly. I asked them, 'Who are these?' They said to me, 'Proceed!' And so we proceeded and came across a river." I think he said, ".... red like blood." The Prophet added, "And behold, in the river there was a man swimming, and on the bank there was a man who had collected many stones. Behold, while the other man was swimming, he went near him. The former opened his mouth and the latter (on the bank) threw a stone into his mouth whereupon he went swimming again. He returned and every time the performance was repeated. I asked my two companions, 'Who are these (two) persons?' They replied, 'Proceed! Proceed!' And we proceeded till we came to a ...

The Prophet came to Khaibar and when Allah made him victorious and he conquered the town by breaking the enemy's defense, the beauty of Safiya bint Huyai bin Akhtab was mentioned to him and her husband had been killed while she was a bride. Allah's Apostle selected her for himself and he set out in her company till he reached Sadd-ar-Rawha' where her menses were over and he married her. Then Hais (a kind of meal) was prepared and served on a small leather sheet (used for serving meals). Allah's Apostle then said to me, "Inform those who are around you (about the wedding banquet)." So that was the marriage banquet given by Allah's Apostle for (his marriage with) Safiya. After that we proceeded to Medina and I saw that Allah's Apostle was covering her with a cloak while she was behind him. Then he would sit beside his camel and let Safiya put her feet on his knees to ride (the camel).

We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' Safiya became clean from her menses then Allah's Apostle married her. Hais (i.e. an 'Arabian dish) was prepared on a small leather mat. Then the Prophet said to me, "I invite the people around you." So that was the marriage banquet of the Prophet and Safiya. Then we proceeded towards Medina, and I saw the Prophet, making for her a kind of cushion with his cloak behind him (on his camel). He then sat beside his camel and put his knee for Safiya to put her foot on, in order to ride (on the camel).

Who, from among Ka`b's sons, was the guide of Ka`b when he became blind: I heard Ka`b bin Malik narrating the story of (the Ghazwa of) Tabuk in which he failed to take part. Ka`b said, "I did not remain behind Allah's Apostle in any Ghazwa that he fought except the Ghazwa of Tabuk, and I failed to take part in the Ghazwa of Badr, but Allah did not admonish anyone who had not participated in it, for in fact, Allah's Apostle had gone out in search of the caravan of Quraish till Allah made them (i.e. the Muslims) and their enemy meet without any appointment. I witnessed the night of Al-`Aqaba (pledge) with Allah's Apostle when we pledged for Islam, and I would not exchange it for the Badr battle although the Badr battle is more popular amongst the people than it (i.e. Al-`Aqaba pledge). As for my news (in this battle of Tabuk), I had never been stronger or wealthier than I was when I remained behind the Prophet in that Ghazwa. By Allah, never had I two she-camels before, but I had then at the time of this Ghazwa. Whenever Allah's Apostle wanted to make a Ghazwa, he used to hide his intention by apparently referring to different Ghazwa till it was the time of that Ghazwa (of Tabuk) which Allah's Apostle fought in severe heat, facing, a long journey, desert, and the great number of enemy. So the Prophet announced to the Muslims clearly (their destination) so that they might get prepared for their Ghazwa. So he informed them clearly of the destination he was going to. Allah's Apostle was accompanied by a large number of Muslims who could not be listed in a book namely, a register." Ka`b added, "Any man who intended to be absent would think that the matter would remain hidden unless Allah revealed it through Divine Revelation. So Allah's Apostle fought that Ghazwa at the time when the fruits had ripened and the shade looked pleasant. Allah's Apostle and his companions prepared for the battle and I started to go out in order to get myself ready along with them, but I returned without doing anything. I would say to myself, 'I can do that.' So I kept on delaying it every now and then till the people got ready and Allah's Apostle and the Muslims along with him departed, and I had not prepared anything for my departure, and I said, I will prepare myself (for departure) one or two days after him, and then join them.' In the morning following their departure, I went out to get myself ready but returned ...

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

The Prophet said, "A man keeps on asking others for something till he comes on the Day of Resurrection without any piece of flesh on his face." The Prophet added, "On the Day of Resurrection, the Sun will come near (to, the people) to such an extent that the sweat will reach up to the middle of the ears, so, when all the people are in that state, they will ask Adam for help, and then Moses, and then Muhammad (p.b.u.h) ." The sub-narrator added "Muhammad will intercede with Allah to judge amongst the people. He will proceed on till he will hold the ring of the door (of Paradise) and then Allah will exalt him to Maqam Mahmud (the privilege of intercession, etc.). And all the people of the gathering will send their praises to Allah.

Allah's Apostle said, " Horses are kept for one of three purposes; for some people they are a source of reward, for some others they are a means of shelter and for some others they are a source of sins. The one for whom they are a source of reward, is he who keeps a horse for Allah's Cause (i.e. Jihad) tying it with a long tether on a meadow or in a garden with the result that whatever it eats from the area of the meadow or the garden where it is tied will be counted as good deeds for his benefit, and if it should break its rope and jump over one or two hillocks then all its dung and its foot marks will be written as good deeds for him; and if it passes by a river and drinks water from it even though he had no intention of watering it, even then he will get the reward for its drinking. As for the man for whom horses are a source of sins, he is the one who keeps a horse for the sake of pride and pretense and showing enmity for Muslims: such a horse will be a source of sins for him. When Allah's Apostle was asked about donkeys, he replied, "Nothing has been revealed to me about them except this unique, comprehensive Verse: "Then anyone who does an atom's (or a small ant's) weight of good shall see it; And anyone who does an atom's (or a small ant's) weight of evil, shall see it.' (101.7-8)

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

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Allah's Apostle came to me and I told him about the slave-girl (Barirah) Allah's Apostle said, "Buy and manumit her, for the Wala is for the one who manumits." In the evening the Prophet got up and glorified Allah as He deserved and then said, "Why do some people impose conditions which are not present in Allah's Book (Laws)? Whoever imposes such a condition as is not in Allah's Laws, then that condition is invalid even if he imposes one hundred conditions, for Allah's conditions are more binding and reliable."

I stuffed for the Prophet a pillow decorated with pictures (of animals) which looked like a Namruqa (i.e. a small cushion). He came and stood between the two doors and his face began to change. I said, "O Allah's Apostle! What did we do wrong?" He said, "What is this pillow?" I said, "I have prepared this pillow for you, so that you may recline on it." He said, "Don't you know that angels do not enter a house wherein there are pictures; and whoever makes a picture will be punished on the Day of Resurrection and will be asked to give life to (what he has created)?"

The Prophet (saws) said: When a man goes out of his house and says: "In the name of Allah, I trust in Allah; there is no might and no power but in Allah," the following will be said to him at that time: "You are guided, defended and protected." The devils will go far from him and another devil will say: How can you deal with a man who has been guided, defended and protected?

Allah's Apostle said, "When the Adhan is pronounced Satan takes to his heels and passes wind with noise during his flight in order not to hear the Adhan. When the Adhan is completed he comes back and again takes to his heels when the Iqama is pronounced and after its completion he returns again till he whispers into the heart of the person (to divert his attention from his prayer) and makes him remember things which he does not recall to his mind before the prayer and that causes him to forget how much he has prayed."

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

A bedouin prayed with the Prophet (saws). He then narrated the tradition (No 0380) about urinating of that bedouin.

This version adds: The Prophet (saws) said: Remove the earth where he urinated and throw it away and pour water upon the place.

Abu Dawud said: This is a mursal tradition (i.e. the narrator quotes the Prophet (saws) directly, although he did not see him). Ibn Ma'qil did not see the Prophet (saws).

Malik related to me from Humayd ibn Qays al-Makki that Mujahid said, "Abdullah ibn Umar borrowed some dirhams from a man, then he discharged his debt with dirhams better than them. The man said, 'Abu Abdar-Rahman. These are better than the dirhams which I lent you.' Abdullah ibn Umar said, 'I know that. But I am happy with myself about that.' "

Malik said, "There is no harm in a person who has borrowed gold, silver, food, or animals, taking to the person who lent it, something better than what he lent, when that is not a stipulation between them nor a custom. If that is by a stipulation or promise or custom, then it is disapproved, and there is no good in it."

He said, "That is because the Messenger of Allah, may Allah bless him and grant him peace, discharged his debt with a good camel in its seventh year in place of a young camel which he borrowed, and Abdullah ibn Umar borrowed some dirhams, and repaid them with better ones. If that is from the goodness of the borrower, and it is not by a stipulation, promise, or custom, it is halal and there is no harm in it."

AbuUmayr reported on the authority of his uncle who was from the Ansar (the helpers of the Prophet): The Prophet (saws) was anxious as to how to gather the people for prayer.

The people told him: Hoist a flag at the time of prayer; when they see it, they will inform one another. But he (the Prophet) did not like it. Then someone mentioned to him the horn.

Ziyad said: A horn of the Jews. He (the Prophet) did not like it. He said: This is the matter of the Jews. Then they mentioned to him the bell of the Christians. He said: This is the matter of the Christians. Abdullah ibn Zayd returned anxiously from there because of the anxiety of the Apostle (saws). He was then taught the call to prayer in his dream. Next day he came to the Messenger of Allah (saws) and informed him about it.

He said: Messenger of Allah, I was between sleep and wakefulness; all of a sudden a newcomer came (to me) and taught me the call to prayer. Umar ibn al-Khattab had also seen it in his dream before, but he kept it hidden for twenty days.

The Prophet (saws) said to me (Umar): What did prevent you from saying it to me?

He said: Abdullah ibn Zayd had already told you about it before me: hence I was ashamed.

Then the Messenger of Allah (saws) said: Bilal, stand up, see what Abdullah ibn Zayd tells you (to do), then do it. Bilal then called them to prayer.

AbuBishr reported on the authority of AbuUmayr: The Ansar thought that if Abdullah ibn Zayd had not been ill on that day, the Messenger of Allah (saws) would have made him mu'adhdhin.

Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' "

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

Yahya related to me from Malik that he had heard that if Sad ibn Abi Waqqas entered Makka late, he would go to Arafa before doing tawaf of the House and say between Safa and Marwa, and then do tawaf when he got back.

Malik said, "The leeway is broad, if Allah wills."

Malik was asked whether somebody that was doing obligatory tawaf could stop and talk with another man, and he said, "I do not like him to do that."

Malik said, "Only someone who is pure (by being in wudu) should do tawaf of the House or say between Safa and Marwa."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "When a man comes to his wife in her room, he is believed. When she comes to him in his room, she is believed."

Malik commented, "I think that this refers to sexual intercourse. When he comes in to her in her room and she says, 'He has had intercourse with me' and he says, 'I have not touched her', he is believed. When she comes in to him in his room and he says, 'I have not had intercourse with her' and she says, 'He had intercourse with me', she is believed."

I heard the Messenger of Allah (saws) say: Were it not hard on my ummah, I would order them to use the tooth-stick at the time of every prayer. AbuSalamah said: Zayd ibn Khalid used to attend the prayers in the mosque with his tooth-stick on his ear where a clerk carries a pen, and whenever he got up for prayer he used it.

Malik related to me from Yahya ibn Said that he heard Muhammad ibn al-Munkadir say, "Allah loves his slave who is generous when he sells, and generous when he buys, generous when he repays, and generous when he is repaid."

Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely, "There is no buying without measuring precisely in anything which can be counted . "

Malik said about a man who gave a man goods to sell for him and set their price saying, "If you sell them for this price as I have ordered you to do, you will have a dinar (or something which he has specified, which they are both satisfied with), if you do not sell them, you will have nothing," "There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods, he takes the fee, and if he does not sell them, he has nothing."

Malik said, "This is like saying to another man, 'If you capture my runaway slave or bring my stray camel, you will have such-and-such.' This is from the category of reward, and not from the category of giving a wage. Had it been from the category of giving a wage, it would not be good."

Malik said, "As for a man who is given goods and told that if he sells them he will have a named percentage for every dinar, that is not good because whenever he is a dinar less than the price of the goods, he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."

It was narrated that Juwairiyyah bin Qudamah said: I did Haji and I came to Madinah the year ‘Umar was stabbed. He gave a speech and said: I dreamt that a red rooster pecked me once or twice - Shu`bah was not certain - and only a week later, he was stabbed. And he mentioned a similar report, except that he said: And l advise you be kind to the non-Muslim people under your rule (ahludh-dhimmah), and honour the covenant of your Prophet (ﷺ). Then I asked him after that and he said concerning the Bedouin: I advise you to be kind to the Bedouin, for they are your brothers and the enemy of your enemy,