Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say in the tashahhud, "Greetings, good words, prayers, pure actions belong to Allah. I testify that there is no god except Allah, alone without partner, and that Muhammad is His slave and His Messenger. Peace be on you, Prophet, and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. Peace be upon you."

"At-tahiyatu, at- tayibatu, as-salawatu, az-zakiyatu lillah. Ash-hadu an la ilaha illa'llah, wahdahu la sharika lah wa anna Muhammadan abduhu wa rasuluhu. As-salamu alayka ayyuha-n-nabiyyu wa rahmatu-llahi wa barakatuhu. As-salamu alayna wa ala ibadi-llahi's-salihin. As-salamu alaykum."

"The Messenger of Allah (saws) entered upon me and said: 'Do you have anything?' I said: 'No, except a piece of hard bread and vinegar.' so he said: 'Bring it, for a house that has vinegar is not impoverished of condiments."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. We do not know of it as a Hadith of Umm Hani' except through this route. Abu Hamzah Ath-Thumali's (a narrator in the chain) name is Thabit bin Abi Safiyyah. And Umm Hani' died some time after 'Ali bin Abi Talib. I asked Muhammad about this Hadith. He said: "I do not know Ash-Sha'bi hearing from Umm Hani'." So I said: "How is Abu Hamzah according to you?" He said: "Ahmad bin Hanbal criticized him, but he is Muqarib (average) in Hadith to me."

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

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 sent me (as a governor) to the land of my people, and I came while Allah's Apostle was encamping at a place called Al-Abtah. The Prophet said, "Have you made the intention to perform the Hajj, O `Abdullah bin Qais?" I replied, "Yes, O Allah's Apostle!" He said, "What did you say?" I replied, "I said, 'Labbaik' and expressed the same intention as yours." He said, "Have you driven the Hadi along with you?" I replied, "No, I did not drive the Hadi." He said, "So perform the Tawaf of the Ka`ba and then the Sai, between Safa and Marwa and then finish the state of Ihram." So I did the same, and one of the women of (the tribe of) Banu-Qais combed my hair. We continued follow in that tradition till the caliphate of `Umar.

He said: I swear by Allah, I asked the one who was well informed about it; I asked the Messenger of Allah (saws) about it.

He said: No, enjoin one another to do what is good and forbid one another to do what is evil.

But when you see niggardliness being obeyed, passion being followed, worldly interests being preferred, everyone being charmed with his opinion, then care for yourself, and leave alone what people in general are doing; for ahead of you are days which will require endurance, in which showing endurance will be like grasping live coals. The one who acts rightly during that period will have the reward of fifty men who act as he does.

Another version has: He said (The hearers asked:) Messenger of Allah, the reward of fifty of them?

He replied: The reward of fifty of you.

[Abu Dawud and At-Tirmidhi].

That the Prophet (saws) said: "When the penalty (of blood money) goes to a Mukatab, or an inheritance, then he inherits in accordance with as much as he is freed from it." And the Prophet (saws) said: "The Mukatab is given the blood-money of a free person in accordance to what he has paid (for his freedom), and that of a slave in accordance to what remains."

[He said:] There is something on this from Umm Salamah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Hadith. This is how it was reported from Yahya bin Abi Kathir from 'Ikrimah, from Ibn 'Abbas, from the Prophet (saws).

Khalid bin Al-Hadh-dha' reported it from 'Ikrimah, from 'Ali as his saying.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others.

Most of the people of knowledge among the Companions of the Prophet (saws) and others said that the Mukatab remains a slave as long as he still owes a Dirham. This is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq.

From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.

According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.

When Allah's Apostle fought the battle of Khaibar, or when Allah's Apostle went towards it, (whenever) the people, (passed over a high place overlooking a valley, they raised their voices saying, "Allahu-Akbar! Allahu-Akbar! None has the right to be worshipped except Allah." On that Allah's Apostle said (to them), "Lower your voices, for you are not calling a deaf or an absent one, but you are calling a Hearer Who is near and is with you." I was behind the riding animal of Allah's Apostle and he heard me saying. "There Is neither might, nor power but with Allah," On that he said to me, "O `Abdullah bin Qais!" I said, "Labbaik. O Allah's Apostle!" He said, "Shall I tell you a sentence which is one of the treasures of Paradise" I said, "Yes, O Allah's Apostle! Let my father and mother be sacrificed for your sake." He said, "It is: There is neither might nor power but with Allah."

We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."

"The Messenger of Allah (saws) prohibited two sales in one."

There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud.

[Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: "I will sell you this garment for ten in cash, and twenty on credit." He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon.

Ash-Shafi'i said: "Included in the meaning of what the Prophet (saws) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement)."

"When the Prophet (saws) arrived in Al-Madinah, they were paying in advance for fruits. So he said: 'Whoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.'"

He said: There are narrations on this topic from Ibn Abi Awfa and 'Abdur-Rahman bin Abza.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They allow for advanced payments on food, garments and other things in which the limits and description are known. They differed over delay in delivery of animals. Some of the people of knowledge among the Companions of the Prophet (saws) and others thought that delay in delivery of animals is allowed. This is the view of Ash-Shafi'i, Ahmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked delay in delivery of animals. This is the saying of Sufyan and the people of Al-Kufah. And Abu Al-Minhal's (a narrator) name is 'Abdur-Rahman bin Mut'im.

While I was standing with Sa`d bin Abi Waqqas, Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi`, the freed slave of the Prophet came and asked Sa`d to buy from him the (two) dwellings which were in his house. Sa`d said, "By Allah I will not buy them." Al- Miswar said, "By Allah, you shall buy them." Sa`d replied, "By Allah, I will not pay more than four thousand (Dirhams) by installments." Abu Rafi` said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet saying, 'The neighbor has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sa`d.

We were sitting with Abu Musa Al-Ash'sari, and as there were ties of friendship and mutual favors between us and his tribe. His meal was presented before him and there was chicken meat in it. Among those who were present there was a man from Bani Taimillah having a red complexion as a non-Arab freed slave, and that man did not approach the meal. Abu Musa said to him, "Come along! I have seen Allah's Apostle eating of that (i.e., chicken)." The man said, "I have seen it (chickens) eating something I regarded as dirty, and so I have taken an oath that I shall not eat (its meat) chicken." Abu Musa said, "Come along! I will inform you about it (i.e., your oath). Once we went to Allah's Apostle in company with a group of Ash'airiyin, asking him for mounts while he was distributing some camels from the camels of Zakat. (Aiyub said, "I think he said that the Prophet was in an angry mood at the time.") The Prophet said, 'By Allah! I will not give you mounts, and I have nothing to mount you on.' After we had left, some camels of booty were brought to Allah's Apostle and he said, "Where are those Ash`ariyin? Where are those Ash`ariyin?" So we went (to him) and he gave us five very fat good-looking camels. We mounted them and went away, and then I said to my companions, 'We went to Allah's Apostle to give us mounts, but he took an oath that he would not give us mounts, and then later on he sent for us and gave us mounts, perhaps Allah's Apostle forgot his oath. By Allah, we will never be successful, for we have taken advantage of the fact that Allah's Apostle forgot to fulfill his oath. So let us return to Allah's Apostle to remind him of his oath.' We returned and said, 'O Allah's Apostle! We came to you and asked you for mounts, but you took an oath that you would not give us mounts) but later on you gave us mounts, and we thought or considered that you have forgotten your oath.' The Prophet said, 'Depart, for Allah has given you Mounts. By Allah, Allah willing, if I take an oath and then later find another thing better than that, I do what is better, and make expiation for the oath.' "

(two other narrations through Zahdam as above)

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

The Prophet mentioned a man from the previous generation or from the people preceding your age whom Allah had given both wealth and children. The Prophet said, "When the time of his death approached, he asked his children, 'What type of father have I been to you?' They replied: You have been a good father. He said, 'But he (i.e. your father) has not stored any good deeds with Allah (for the Hereafter): if he should face Allah, Allah will punish him. So listen, (O my children), when I die, burn my body till I become mere coal and then grind it into powder, and when there is a stormy wind, throw me (my ashes) in it.' So he took a firm promise from his children (to follow his instructions). And by Allah they (his sons) did accordingly(fulfilled their promise.) Then Allah said, "Be"' and behold! That man was standing there! Allah then said. "O my slave! What made you do what you did?" That man said, "Fear of You." So Allah forgave him.

Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

I came to the Prophet at Al-Batha' while his camel was kneeling down and he asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked me, 'With what intention have you assumed Ihram?" I replied, "I have assumed Ihram with the same intention as that of the Prophet. He said, "You have done well. Perform the Tawaf of the Ka`ba and (the Sai) between As-Safa and Al- Marwa and then finish the Ihram." So, I performed the Tawaf around the Ka`ba and the Sai) between As-Safa and Al-Marwa and then went to a woman of the tribe of Qais who cleaned my head from lice. Later I assumed the Ihram for Hajj. I used to give the verdict of doing the same till the caliphate of `Umar who said, "If you follow the Holy Book then it orders you to remain in the state of Ihram till you finish from Hajj, if you follow the Prophet then he did not finish his Ihram till the Hadi (sacrifice) had reached its place of slaughtering (Hajj-al-Qiran).

That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."

[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."

[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

I went to the Prophet along with a group of Al-Ash`ariyin in order to request him to provide us with mounts. He said, "By Allah, I will not provide you with mounts and I haven't got anything to mount you on." Then we stayed there as long as Allah wished us to stay, and then three very nice looking she-camels were brought to him and he made us ride them. When we left, we, or some of us, said, "By Allah, we will not be blessed, as we came to the Prophet asking him for mounts, and he swore that he would not give us any mounts but then he did give us. So let us go back to the Prophet and remind him (of his oath)." When we returned to him (and reminded him of the fact), he said, "I did not give you mounts, but it is Allah Who gave you. By Allah, Allah willing, if I ever take an oath to do something and then I find something else than the first, I will make expiation for my oath and do the thing which is better (or do something which is better and give the expiation for my oath).

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

That Najdah Al-Haruri wrote to Ibn 'Abbas asking if the Messenger of Allah (saws) would fight along with women, and if he would fix a share of the spoils of war for them. Ibn 'Abbas wrote to him: "You wrote to me asking me if the Messenger of Allah (saws) would fight along with women. He did fight along with them, as they would treat the wounded. They received something from the spoils of war, but as for their share, then he did not fix a share for them."

There is something on this topic from Anas and Umm 'Atiyyah.

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge. It is the view of Sufyan Ath-Thawri and Ash-Shafi'i. Some of them said that a share is given to the woman and the boy, and this is the view of Al-Awza'i.

Al-Awza'i said: The Prophet (saws) gave a portion to the boys at Khaibar, and the Aimmah of the Muslims gave a portion to every child born in the land of war." Al-Awza'i said: "The Prophet (saws) gave a portion to the women at Khaibar, and that was followed by the Muslims after him." This was narrated to us by 'Ali bin Khashram (who said): "'Eisa bin Yunus narrated this to us from Al-Awza'i."

The meaning of his saying: "They received something from the spoils of war" it is said that he conferred something on them (the women) from the spoils of war.

`Abdullah bin `Umar said to me, "Do you know what my father said to your father once?" I said, "No." He said, "My father said to your father, 'O Abu Musa, will it please you that we will be rewarded for our conversion to Islam with Allah's Apostle and our migration with him, and our Jihad with him and all our good deeds which we did, with him, and that all the deeds we did after his death will be disregarded whether good or bad?' Your father (i.e. Abu Musa) said, 'No, by Allah, we took part in Jihad after Allah's Apostle , prayed and did plenty of good deeds, and many people have embraced Islam at our hands, and no doubt, we expect rewards from Allah for these good deeds.' On that my father (i.e. `Umar) said, 'As for myself, By Him in Whose Hand `Umar's soul is, I wish that the deeds done by us at the time of the Prophet remain rewardable while whatsoever we did after the death of the Prophet be enough to save us from Punishment in that the good deeds compensate for the bad ones.' " On that I said (to Ibn `Umar), "By Allah, your father was better than my father!"

[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

When Abu Musa arrived (at Kufa as a governor) he honored this family of Jarm (by paying them a visit). I was sitting near to him, and he was eating chicken as his lunch, and there was a man sitting amongst the people. Abu Musa invited the man to the lunch, but the latter said, "I saw chickens (eating something (dirty) so I consider them unclean." Abu Musa said, "Come on! I saw the Prophet eating it (i.e. chicken)." The man said "I have taken an oath that I will not ea (chicken)" Abu Musa said." Come on! I will tell you about your oath. We, a group of Al-Ash`ariyin people went to the Prophet and asked him to give us something to ride, but the Prophet refused. Then we asked him for the second time to give us something to ride, but the Prophet took an oath that he would not give us anything to ride. After a while, some camels of booty were brought to the Prophet and he ordered that five camels be given to us. When we took those camels we said, "We have made the Prophet forget his oath, and we will not be successful after that." So I went to the Prophet and said, "O Allah' Apostle ! You took an oath that you would not give us anything to ride, but you have given us." He said, "Yes, for if I take an oath and later I see a better solution than that, I act on the later (and gave the expiation of that oaths"

Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash`ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O `Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or `Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu`adh bin Jabal after him and when Mu`adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Muisa. Mu`adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu`adh to sit down but Mu`adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

Once we were in the house of Abu Musa who presented a meal containing cooked chicken. A man from the tribe of Bani Taim Allah with red complexion as if he were from the Byzantine war prisoners, was present. Abu Musa invited him to share the meal but he (apologised) saying. "I saw chickens eating dirty things and so I have had a strong aversion to eating them, and have taken an oath that I will not eat chickens." Abu Musa said, "Come along, I will tell you about this matter (i.e. how to cancel one's oath). I went to the Prophet in the company of a group of Al-Ashariyin, asked him to provide us with means of conveyance. He said, 'By Allah, I will not provide you with any means of conveyance and I have nothing to make you ride on.' Then some camels as booty were brought to Allah's Apostle and he asked for us saying. 'Where are the group of Al-Ash`ariyun?' Then he ordered that we should be given five camels with white humps. When we set out we said, 'What have we done? We will never be blessed (with what we have been given).' So, we returned to the Prophet and said, 'We asked you to provide us with means of conveyance, but you took an oath that you would not provide us with any means of conveyance. Did you forget (your oath when you gave us the camels)? He replied. 'I have not provided you with means of conveyance, but Allah has provided you with it, and by Allah, Allah willing, if ever I take an oath to do something, and later on I find that it is more beneficial to do something different, I will do the thing which is better, and give expiation for my oath."

From his father that the Messenger of Allah (saws) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (saws) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (saws) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (saws) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (saws).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (saws).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (saws) is the most correct [of what has been reported on this topic]."

The Prophet went out to one of the gardens of Medina for some business and I went out to follow him. When he entered the garden, I sat at its gate and said to myself, "To day I will be the gatekeeper of the Prophet though he has not ordered me." The Prophet went and finished his need and went to sit on the constructed edge of the well and uncovered his legs and hung them in the well. In the meantime Abu Bakr came and asked permission to enter. I said (to him), "Wait till I get you permission." Abu Bakr waited outside and I went to the Prophet and said, "O Allah's Prophet! Abu Bakr asks your permission to enter." He said, "Admit him, and give him the glad tidings of entering Paradise." So Abu Bakr entered and sat on the right side of the Prophet and uncovered his legs and hung them in the well. Then `Umar came and I said (to him), "Wait till I get you permission." The Prophet said, "Admit him and give him the glad tidings of entering Paradise." So `Umar entered and sat on the left side of the Prophet and uncovered his legs and hung them in the well so that one side of the well became fully occupied and there remained no place for any-one to sit. Then `Uthman came and I said (to him), "Wait till I get permission for you." The Prophet said, "Admit him and give him the glad tidings of entering Paradise with a calamity which will befall him." When he entered, he could not find any place to sit with them so he went to the other edge of the well opposite them and uncovered his legs and hung them in the well. I wished that a brother of mine would come, so I invoked Allah for his coming. (Ibn Al-Musaiyab said, "I interpreted that (narration) as indicating their graves. The first three are together and the grave of `Uthman is separate from theirs.")

Shaqiq said, "While I was sitting with `Abdullah and Abu Musa Al-Ash`ari, the latter asked the former, 'If a person becomes Junub and does not find water for one month, can he perform Tayammum and offer his prayer?' (He applied in the negative). Abu Musa said, 'What do you say about this verse from Sura "Al-Ma'ida": When you do not find water then perform Tayammum with clean earth? `Abdullah replied, 'If we allowed it then they would probably perform Tayammum with clean earth even if water were available but cold.' I said to Shaqiq, 'You then disliked to perform Tayammum because of this?' Shaqiq said, 'Yes.' (Shaqiq added), "Abu Musa said, 'Haven't you heard the statement of `Ammar to `Umar? He said: I was sent out by Allah's Apostle for some job and I became Junub and could not find water so I rolled myself over the dust (clean earth) like an animal does, and when I told the Prophet of that he said, 'Like this would have been sufficient.' The Prophet (saying so) lightly stroked the earth with his hand once and blew it off, then passed his (left) hand over the back of his right hand or his (right) hand over the back of his left hand and then passed them over his face.' So `Abdullah said to Abu- Musa, 'Don't you know that `Umar was not satisfied with `Ammar's statement?' " Narrated Shaqiq: While I was with `Abdullah and Abu Musa, the latter said to the former, "Haven't you heard the statement of `Ammar to `Umar? He said, "Allah's Apostle sent you and me out and I became Junub and rolled myself in the dust (clean earth) (for Tayammum). When we came to Allah's Apostle I told him about it and he said, 'This would have been sufficient,' passing his hands over his face and the backs of his hands once only.' "

I performed ablution in my house and then went out and said, "Today I shall stick to Allah's Apostle and stay with him all this day of mine (in his service)." I went to the Mosque and asked about the Prophet . They said, "He had gone in this direction." So I followed his way, asking about him till he entered a place called Bir Aris. I sat at its gate that was made of date-palm leaves till the Prophet finished answering the call of nature and performed ablution. Then I went up to him to see him sitting at the well of Aris at the middle of its edge with his legs uncovered, hanging in the well. I greeted him and went back and sat at the gate. I said, "Today I will be the gatekeeper of the Prophet." Abu Bakr came and pushed the gate. I asked, "Who is it?" He said, "Abu Bakr." I told him to wait, went in and said, "O Allah's Apostle! Abu Bakr asks for permission to enter." He said, "Admit him and give him the glad tidings that he will be in Paradise." So I went out and said to Abu Bakr, "Come in, and Allah's Apostle gives you the glad tidings that you will be in Paradise" Abu Bakr entered and sat on the right side of Allah's Apostle on the built edge of the well and hung his legs n the well as the Prophet did and uncovered his legs. I then returned and sat (at the gate). I had left my brother performing ablution and he intended to follow me. So I said (to myself). "If Allah wants good for so-and-so (i.e. my brother) He will bring him here." Suddenly somebody moved the door. I asked, "Who is it?" He said, "`Umar bin Al-Khattab." I asked him to wait, went to Allah's Apostle, greeted him and said, `Umar bin Al-Khattab asks the permission to enter." He said, "Admit him, and give him the glad tidings that he will be in Paradise." I went to "`Umar and said "Come in, and Allah's Apostle, gives you the glad tidings that you will be in Paradise." So he entered and sat beside Allah's Apostle on the built edge of the well on the left side and hung his legs in the well. I returned and sat (at the gate) and said, (to myself), "If Allah wants good for so-and-so, He will bring him here." Somebody came and moved the door. I asked "Who is it?" He replied, "Uthman bin `Affan." I asked him to wait and went to the Prophet and informed him. He said, "Admit him, and give him the glad tidings of entering Paradise, I asked him to wait and went to the Prophet and informed him. He said, "Adult him, and give him the glad tidings of entering Paradise after a calamity that will befall him." So I went up to him and said to him, "Come in; Allah's Apostle gives you the glad tidings of entering Paradise after a calamity that will befall you. "Uthman then came in and found that the built edge of the well was occupied, so he sat opposite to the Prophet on the other side. Sa`id bin Al-Musaiyab said, "I interpret this (narration) in terms of their graves."

I went out with 'Ubaidullah bin `Adi Al-Khaiyar. When we reached Hims (i.e. a town in Syria), 'Ubaidullah bin `Adi said (to me), "Would you like to see Wahshi so that we may ask him about the killing of Hamza?" I replied, "Yes." Wahshi used to live in Hims. We enquired about him and somebody said to us, "He is that in the shade of his palace, as if he were a full water skin." So we went up to him, and when we were at a short distance from him, we greeted him and he greeted us in return. 'Ubaidullah was wearing his turban and Wahshi could not see except his eyes and feet. 'Ubaidullah said, "O Wahshi! Do you know me?" Wahshi looked at him and then said, "No, by Allah! But I know that `Adi bin Al-Khiyar married a woman called Um Qital, the daughter of Abu Al-Is, and she delivered a boy for him at Mecca, and I looked for a wet nurse for that child. (Once) I carried that child along with his mother and then I handed him over to her, and your feet resemble that child's feet." Then 'Ubaidullah uncovered his face and said (to Wahshi), "Will you tell us (the story of) the killing of Hamza?" Wahshi replied "Yes, Hamza killed Tuaima bin `Adi bin Al-Khaiyar at Badr (battle) so my master, Jubair bin Mut`im said to me, 'If you kill Hamza in revenge for my uncle, then you will be set free." When the people set out (for the battle of Uhud) in the year of 'Ainain ..'Ainain is a mountain near the mountain of Uhud, and between it and Uhud there is a valley.. I went out with the people for the battle. When the army aligned for the fight, Siba' came out and said, 'Is there any (Muslim) to accept my challenge to a duel?' Hamza bin `Abdul Muttalib came out and said, 'O Siba'. O Ibn Um Anmar, the one who circumcises other ladies! Do you challenge Allah and His Apostle?' Then Hamza attacked and killed him, causing him to be non-extant like the bygone yesterday. I hid myself under a rock, and when he (i.e. Hamza) came near me, I threw my spear at him, driving it into his umbilicus so that it came out through his buttocks, causing him to die. When all the people returned to Mecca, I too returned with them. I stayed in (Mecca) till Islam spread in it (i.e. Mecca). Then I left for Taif, and when the people (of Taif) sent their messengers to Allah's Apostle, I was told that the Prophet did not harm the messengers; So I too went out with them till I reached Allah's Apostle. When he saw me, he said, 'Are you Wahshi?' I said, 'Yes.' He said, 'Was it you who killed Hamza?' I replied, 'What happened is what you have been told of.' He said, 'Can you hide your face from me?' So I went out when Allah's Apostle died, and Musailamah Al-Kadhdhab appeared (claiming to be a prophet). I said, 'I will go out to Musailamah so that I may kill him, and make amends for killing Hamza. So I went out with the people (to fight Musailamah and his followers) and then famous events took place concerning that battle. Suddenly I saw a man (i.e. Musailamah) standing near a gap in a wall. He looked like an ash-colored camel and his hair was dishevelled. So I threw my spear at him, driving it into his chest in between his breasts till it passed out through his shoulders, and then an Ansari man attacked him and struck him on the head with a sword. `Abdullah bin `Umar said, 'A slave girl on the roof of a house said: Alas! The chief of the believers (i.e. Musailamah) has been killed by a black slave."

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands. The first one said, "My husband is like the meat of a slim weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it." The second one said, "I shall not relate my husband's news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits." The third one said, "My husband, the "too-tall"! if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will keep me hanging (neither divorcing me nor treating me as a wife)." The fourth one said, "My husband is (moderate in temper) like the night of Tihama: neither hot nor cold; I am neither afraid of him, nor am I discontented with him." The fifth one said, "My husband, when entering (the house) is a leopard (sleeps a lot), and when going out, is a lion (boasts a lot). He does not ask about whatever is in the house." The sixth one said, "If my husband eats, he eats too much (leaving the dishes empty), and if he drinks he leaves nothing; if he sleeps he sleeps he rolls himself (alone in our blankets); and he does not insert his palm to inquire about my feelings." The seventh one said, "My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both." The eighth one said, "My husband is soft to touch like a rabbit and smells like a Zarnab (a kind of good smelling grass)." The ninth one said, "My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are abundant (i.e. generous to his guests) and his house is near to the people (who would easily consult him)." The tenth one said, "My husband is Malik (possessor), and what is Malik? Malik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests." The eleventh one said, "My husband is Abu Zar` and what is Abu Zar` (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded with them and my arms have become fat (i.e., I have become fat). And he has pleased me, and I have become so happy that I feel proud of myself. He found me with my family who were mere owners of sheep and living in poverty, and brought me to a respected family having horses and camels and threshing and purifying grain. Whatever I say, he does not rebuke or insult me. When I sleep, I sleep till late in the morning, and when I drink water (or milk), I drink my fill. The mother of Abu Zar and what may one say in praise of the mother of Abu Zar? Her saddle bags were always full of provision and her house was spacious. As for the son of Abu Zar, what may one say of the son of Abu Zar? His bed is as narrow as an unsheathed sword and an arm of a kid (of four months) satisfies his hunger. As for the daughter of Abu Zar, she is obedient to her father and to her mother. She has a fat well-built body and that arouses the jealousy of her husband's other wife. As for the (maid) slave girl of Abu Zar, what may one say of the (maid) slavegirl of Abu Zar? She does not uncover our secrets but keeps them, and does not waste our provisions and does not leave the rubbish scattered everywhere in our house." The eleventh lady added, "One day it so happened that Abu Zar went out at the time when the milk was being milked from the animals, and he saw a woman who had two sons like two leopards playing with her two breasts. (On seeing her) he divorced me and married her. Thereafter I married a noble man who used to ride a fast tireless horse and keep a spear in his hand. He gave me many things, and also a pair of every kind of livestock and said, Eat (of this), O Um Zar, and give provision to your relatives." She added, "Yet, all those things which my second husband gave me could not fill the smallest utensil of Abu Zar's." `Aisha then said: Allah's Apostle said to me, "I am to you as Abu Zar was to his wife Um Zar."