Yahya related to me from Malik that Yahya ibn Said said, "The Messenger of Allah, mayAllah bless him and grant him peace, ordered the two Sads to sell a vessel made of either gold or silver from the booty. They either sold each three units of weight for four units of weight of coins or each four units of weight for three units of weight or coins. The Messenger of Allah, may Allah bless him and grant him peace, said to them, 'You have taken usury, so return it.' "

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

The Prophet appointed a man from the tribe of Al-Azd, called Ibn 'Utbiyya for collecting the Zakat. When he returned he said, "This (i.e. the Zakat) is for you and this has been given to my as a present." The Prophet said, "Why hadn't he stayed in his father's or mother's house to see whether he would be given presents or not? By Him in Whose Hands my life is, whoever takes something from the resources of the Zakat (unlawfully) will be carrying it on his neck on the Day of Resurrection; if it be a camel, it will be grunting; if a cow, it will be mooing; and if a sheep, it will be bleating." The Prophet then raised his hands till we saw the whiteness of his armpits, and he said thrice, "O Allah! Haven't I conveyed Your Message (to them)?"

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."

Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."

The Prophet forbade the making of vows and said, "It (a vow) does not prevent anything (that has to take place), but the property of a miser is spent (taken out) with it."

The Prophet said, "None is killed unjustly, but the first son of Adam will have a part of its burden." Sufyan said, "..a part of its blood because he was the first to establish the tradition of murdering"

I went out of Medina towards Al-Ghaba. When I reached the mountain path of Al-Ghaba, a slave of `Abdur-Rahman bin `Auf met me. I said to him, "Woe to you! What brought you here?" He replied, "The she-camels of the Prophet have been taken away." I said, "Who took them?" He said, "Ghatafan and Fazara." So, I sent three cries, "O Sabaha-h ! O Sabahah !" so loudly that made the people in between its (i.e. Medina's) two mountains hear me. Then I rushed till I met them after they had taken the camels away. I started throwing arrows at them saying, "I am the son of Al-Akwa`"; and today perish the mean people!" So, I saved the she-camels from them before they (i.e. the robbers) could drink water. When I returned driving the camels, the Prophet met me, I said, "O Allah's Apostle Those people are thirsty and I have prevented them from drinking water, so send some people to chase them." The Prophet said, "O son of Al-Akwa`, you have gained power (over your enemy), so forgive (them). (Besides) those people are now being entertained by their folk."

The Prophet said, "The (planet of) earth will be a bread on the Day of Resurrection, and The resistible (Allah) will topple turn it with His Hand like anyone of you topple turns a bread with his hands while (preparing the bread) for a journey, and that bread will be the entertainment for the people of Paradise." A man from the Jews came (to the Prophet) and said, "May The Beneficent (Allah) bless you, O Abul Qasim! Shall I tell you of the entertainment of the people of Paradise on the Day of Resurrection?" The Prophet said, "Yes." The Jew said, "The earth will be a bread," as the Prophet had said. Thereupon the Prophet looked at us and smiled till his premolar tooth became visible. Then the Jew further said, "Shall I tell you of the udm (additional food taken with bread) they will have with the bread?" He added, "That will be Balam and Nun." The people asked, "What is that?" He said, "It is an ox and a fish, and seventy thousand people will eat of the caudate lobe (i.e. extra lobe) of their livers."

I heard the Messenger of Allah (saws) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible.

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

Allah's Apostle said, "By Him in Whose Hands my soul is, son of Mary (Jesus) will shortly descend amongst you people (Muslims) as a just ruler and will break the Cross and kill the pig and abolish the Jizya (a tax taken from the non-Muslims, who are in the protection, of the Muslim government). Then there will be abundance of money and nobody will accept charitable gifts.

That the Messenger of Allah (saws) said: "Whoever drinks Khamr, Salat is not accepted from him for forty days. If he repents, then Allah will accept his repentance. It he returns to it, then Allah will not accept his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it, then Allah will not accepts his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it a fourth time, Allah will not accept his Salat for forty days, and if he were to repent, Allah would not accept his repentance, and he will be given to drink from the river of Al-Khabal." They said: "O Aby 'Abdur-Rahman! What is the river of Al-Khabal?" He said: "A river of the pus from the inhabitants of the Fire."

[Abu 'Eisa said:] This Hadith is Hasan. Similar to this has been reported from 'Abdullah bin 'Amr and Ibn 'Abbas from the Prophet (saws).

Allah's Apostle said, "Both of them (Moses and Al-Khadir) proceeded on till they reached a wall which was about to fall." Sa`d said [?? or Sa`id], "(Al-Khadir pointed) with his hands (towards the wall) and then raised his hands and the wall became straightened up." Ya`la said, "I think Sa`id [?? or Sa`d] said, 'He (Khadir) passed his hand over it and it was straightened up." (Moses said to him), "if you had wanted, you could have taken wages for it." Sa`id [?? or Sa`d] said, "Wages with which to buy food . "

The Messenger of Allah (saws) taught me some words that I say during the witr. (The version of Ibn Jawwas has: I say them in the supplication of the witr.) They were: "O Allah, guide me among those Thou hast guided, grant me security among those Thou hast granted security, take me into Thy charge among those Thou hast taken into Thy charge, bless me in what Thou hast given, guard me from the evil of what Thou hast decreed, for Thou dost decree, and nothing is decreed for Thee. He whom Thou befriendest is not humbled. Blessed and Exalted art Thou, our Lord."

"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

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

The Prophet said, "A horse may be kept for one of three purposes: for a man it may be a source of reward; for another it may be a means of living; and for a third it may be a burden (a source of committing sins). As for the one for whom it is a source of reward, he is the one who keeps his horse for the sake of Jihad in Allah's Cause; he ties it with a long rope on a pasture or in a garden. So whatever its rope allows it to eat, will be regarded as good rewardable deeds (for its owner). And if it breaks off its rope and jumps over one or two hillocks, even its dung will be considered amongst his good deeds. And if it passes by a river and drinks water from it, that will be considered as good deeds for his benefit) even if he has had no intention of watering it. A horse is a shelter for the one who keeps it so that he may earn his living honestly and takes it as a refuge to keep him from following illegal ways (of gaining money), and does not forget the rights of Allah (i.e. paying the Zakat and allowing others to use it for Allah's Sake). But a horse is a burden (and a source of committing sins for him who keeps it out of pride and pretense and with the intention of harming the Muslims." The Prophet was asked about donkeys. He replied, "Nothing has been revealed to be concerning them except this comprehensive Verse (which covers everything) :--'Then whosoever has done good equal to the weight of an atom (or a small ant), Shall see it (its reward) And whosoever has done evil equal to the weight of an atom (or a small ) ant), Shall see it (Its punishment)." (99.7-8)

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.

That a man came to him (while two groups of Muslims were fighting) and said, "O Abu `Abdur Rahman! Don't you hear what Allah has mentioned in His Book: 'And if two groups of believers fight against each other...' (49.9) So what prevents you from fighting as Allah has mentioned in His Book?"' Ibn `Umar said, "O son of my brother! I would rather be blamed for not fighting because of this Verse than to be blamed because of another Verse where Allah says: 'And whoever kills a believer intentionally..." (4.93) Then that man said, "Allah says:-- 'And fight them until there is no more afflictions (worshipping other besides Allah) and the religion (i.e. worship) will be all for Allah (Alone)" (8.39) Ibn `Umar said, "We did this during the lifetime of Allah's Apostle when the number of Muslims was small, and a man was put to trial because of his religion, the pagans would either kill or chain him; but when the Muslims increased (and Islam spread), there was no persecution." When that man saw that Ibn `Umar did not agree to his proposal, he said, "What is your opinion regarding `Ali and `Uthman?" Ibn `Umar said, "What is my opinion regarding `Ali and `Uthman? As for `Uthman, Allah forgave him and you disliked to forgive him, and `Ali is the cousin and son-in-law of Allah's Apostle ." Then he pointed out with his hand and said, "And that is his daughter's (house) which you can see."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Abdullah ibn Amr ibn al-Hadrami brought a slave of his to Umar ibn al-Khattab and said to him, "Cut off the hand of this slave of mine. He has stolen." Umar said to him, "What did he steal?" He said, "He stole a mirror belonging to my wife. Its value was sixty dirhams." Umar said, "Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings."

Muhajir came to the Prophet (saws) while he was urinating. He saluted him. The Prophet (saws) did not return the salutation to him until he performed ablution. He then apologised to him, saying: I disliked remembering Allah except in the state of purification.

The Messenger of Allah (saws) gave judgement that the killer should have what was taken from the man he killed, and did not make this subject to division into fifths.

Yahya related to me from Malik from Nafi that Hakim ibn Hizam traded in food for people as Umar ibn al-Khattab had ordered him to do. Hakim re-sold the food before he had taken delivery of it. That reached Umar ibn al-Khattab and he revoked the sale and said, "Do not sell food which you have purchased until you take delivery of it."

The Prophet said, "Zaid took over the flag and was martyred. Then it was taken by Jafar who was martyred as well. Then `Abdullah bin Rawaha took the flag but he too was martyred and at that time the eyes of Allah's Apostle were full of tears. Then Khalid bin Al-Walid took the flag without being nominated as a chief (before hand) and was blessed with victory."

Salim al-Barrad said: We came to AbuMas'ud Uqbah ibn Amr al-Ansari and said to him: Tell us about the prayer of the Messenger of Allah (saws).

He stood up before us in the mosque and said the takbir. When he bowed, he placed his hands upon his knees and put his fingers below, and kept his elbows (arms) away from his sides, so everything returned properly to its place. Then he said: "Allah listens to him who praises Him"; then he stood up so that everything returned properly to its place; then he said the takbir and prostrated and put the palms of his hands on the ground; he kept his elbow (arms) away from his sides, so that everything returned to its proper place. Then he raised his head and sat so that everything returned to its place; he then repeated it in a similar way. Then he offered four rak'ahs of prayer like this rak'ah and completed his prayer.

Then he said: Thus we witnessed the Messenger of Allah (saws) offering his prayer.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head.

Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House."

Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature."

Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina."

Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination. ' "

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

The Messenger of Allah (saws) said on the day of Badr: He who does such-and-such, will have such-and such. The young men came forward and the old men remained standing near the banners, and they did not move from there. When Allah bestowed victory on them, the old men said: We were support for you. If you had been defeated, you would have returned to us. Do not take this booty alone and we remain (deprived of it). The young men refused (to give), and said: The Messenger of Allah (saws) has given it to us. Then Allah sent down: "They ask thee concerning (things taken as) spoils of war, Say: (Such) spoils are at the disposal of Allah and the Apostle......Just as they Lord ordered thee out of thy house in truth, even though a party among the believers disliked it." This proved good for them. Similarly obey me. I know the consequence of this better than you.

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, 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 Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")