The tradition mentioned above has also been transmitted by Sahl bin Sa’d Al Sa’idi through a different chain of narrators. This version has “He divorced her three times before the Messenger of Allah (saws). The Messenger of Allah (saws) implemented it and what is done before the Prophet (saws) is sunnah(model behavior of the Prophet).

Sahl said “I attended this before the Messenger of Allah(saws). Afterwards the sunnah about those who invoked curses on each other was established that they (the spouses) were separated from each other and they would never be united.”

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept."

The tradition mentioned above (No. 4232) has also been transmitted through a different chain of narrators by Nasr ibn Asim al-Laythi who said: We came to al-Yashkuri with a group of the people of Banu Layth.

He asked: Who are these people? We replied: Banu Layth. We have come to you to ask you about the tradition of Hudhayfah. He then mentioned the tradition and said: I asked: Messenger of Allah, will there be evil after this good?

He replied: There will be trial (fitnah) and evil. I asked: Messenger of Allah, will there be good after this evil? He replied: Learn the Book of Allah, Hudhayfah, and adhere to its contents. He said it three times.

I asked: Messenger of Allah, will there be good after this evil? He replied: An illusory truce and a community with specks in its eye. I asked: Messenger of Allah, what do you mean by an illusory community?

He replied: The hearts of the people will not return to their former condition. I asked: Messenger of Allah, will there be evil after this good? He replied: There will be wrong belief which will blind and deafen men to the truth in which there will be summoners at the gates of Hell. If you, Hudhayfah, die adhering to a stump, it will be better for you than following any of them.

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.

"During the year of the Farewell Pilgrimage, I heard the Prophet (saws) saying during the Khutbah: "The borrowed is to be returned, and the guarantor is responsible, and the debt is to be repaid."

[Abu 'Eisa said:] There are narrations on this topic from Samurah, Safwan bin Umayyah, and Anas.

[He said:] The Hadith of Abu Umamah is a Hasan Gharib Hadith. It has also been reported through other routes besides this, from Abu Umamah, from the Prophet (saws).

Abu Dawud said : Ibn Juraij did not hear these two traditions from Abu al-Zubair, I have been informed by Ahmad. B. Hanbal saving : Ibn Juraij heard them from Yasin al-Zayyat.

Aby Dawud said: Al-Mughirah b. Muslim has transmitted it from Abu al-Zubair from Jabir From the prophet(saws).

After me you will come under rulers who will be detained from saying prayer at its proper time by (their) works until its time has run out, so offer prayer at its proper time. A man asked him: Messenger of Allah, may I offer prayer with them? He replied: Yes, if you wish (to do so).

Sufyan (another narrator through a different chain)said: May I offer prayer with them if I get it with them? He said: Yes, if you wish to do so.

Abu Dawood said: Al-sha’bl, Abu Malik, Qatadah, and Thabit b. ‘Umarah said: The prophet( may peace be upon him) did not write”In the name of Allah, the compassionate, the merciful” until Surah al-naml was revealed. This is the meaning of what they said. Further, this is a mursal traditional(omitting the name of the companion)

The Messenger of Allah (saws) was with one of his wives. One of the Mothers of faithful sent a bowl containing food through a servant of hers. She struck with her hand and broke the bowl. Ibn al-Muthanna's version has: The Prophet (saws) took the pieces of the bowl, and joined one with the other, and began to collect the food in it, saying: Your mother is jealous. Ibn al-Muthanna added: Eat. They ate till a bowl of the one in whose house he was brought.

Abu Dawud said: We then returned to the version of the tradition of Musaddad: He said: Eat. He detained the servant and the bowl till they were free. Then he returned the sound bowl to the messenger and detained the broken one (bowl) in his house.

When Allah's Apostle returned on the day (of the battle) of Al-Khandaq (i.e. Trench), he put down his arms and took a bath. Then Gabriel whose head was covered with dust, came to him saying, "You have put down your arms! By Allah, I have not put down my arms yet." Allah's Apostle said, "Where (to go now)?" Gabriel said, "This way," pointing towards the tribe of Bani Quraiza. So Allah's Apostle went out towards them .

Abu Dawud said: This tradition has been transmitted by al-Muharibi, from al-'Ala bin al-Musayyab, from 'Abd Allah bin 'Amr bin Murrah, from Salim al-Aftas, from Abu Ubaidah, from 'Abd Allah; and it is been transmitted by Khalid al-Tahhan, from al-'Ala, from 'Amr bin Murrah from Abu 'Ubaidah.

Abu Dawud said : This tradition has been narrated by al-Thawri, Sulaiman bin Bilal, and Hammad bin Salamah on the authority of Rabi ‘ ah in a similar manner. They did not mention the word “take it”.

The Messenger of Allah (saws) said: What is the harm if any of you has two garments, if he can provide them, for Friday (prayer) in addition to the two garments for his daily work? Amr reported from Ibn Habib from Musa ibn Sa'd from Ibn Habban from Ibn Salam who heard this (tradition) from the Messenger of Allah (saws) on the pulpit.

Abu Dawud said: This tradition has been reported by Yusuf b. 'Abd Allah b. Salam from the Prophet (saws) through a different chain of narrators.

Allah's Apostle said, "Do not go forward to meet the caravan (to buy from it on the way before it reaches the town). And do not urge buyers to cancel their purchases to sell them (your own goods) yourselves, and do not practice Najsh. A town dweller should not sell the goods for the desert dweller. Do not leave sheep unmilked for a long time, when they are on sale, and whoever buys such an animal has the option of returning it, after milking it, along with a Sa of dates or keeping it. it has been kept unmilked for a long period by the seller (to deceive others).

That while he was with Allah's Apostle who was accompanied by the people on their way back from Hunain, the bedouins started begging things of Allah's Apostle so much so that they forced him to go under a Samura tree where his loose outer garment was snatched away. On that, Allah's Apostle stood up and said to them, "Return my garment to me. If I had as many camels as these trees, I would have distributed them amongst you; and you will not find me a miser or a liar or a coward."

`Umar bin Al-Khattab departed for Sham and when he reached Sargh, the commanders of the (Muslim) army, Abu 'Ubaida bin Al-Jarrah and his companions met him and told him that an epidemic had broken out in Sham. `Umar said, "Call for me the early emigrants." So `Umar called them, consulted them and informed them that an epidemic had broken out in Sham. Those people differed in their opinions. Some of them said, "We have come out for a purpose and we do not think that it is proper to give it up," while others said (to `Umar), "You have along with you. other people and the companions of Allah's Apostle so do not advise that we take them to this epidemic." `Umar said to them, "Leave me now." Then he said, "Call the Ansar for me." I called them and he consulted them and they followed the way of the emigrants and differed as they did. He then said to them, Leave me now," and added, "Call for me the old people of Quraish who emigrated in the year of the Conquest of Mecca." I called them and they gave a unanimous opinion saying, "We advise that you should return with the people and do not take them to that (place) of epidemic." So `Umar made an announcement, "I will ride back to Medina in the morning, so you should do the same." Abu 'Ubaida bin Al-Jarrah said (to `Umar), "Are you running away from what Allah had ordained?" `Umar said, "Would that someone else had said such a thing, O Abu 'Ubaida! Yes, we are running from what Allah had ordained to what Allah has ordained. Don't you agree that if you had camels that went down a valley having two places, one green and the other dry, you would graze them on the green one only if Allah had ordained that, and you would graze them on the dry one only if Allah had ordained that?" At that time `Abdur-Rahman bin `Auf, who had been absent because of some job, came and said, "I have some knowledge about this. I have heard Allah's Apostle saying, 'If you hear about it (an outbreak of plague) in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it.' " `Umar thanked Allah and returned to Medina.

Abu Dawud said: This tradition has been narrated by al-Zubair b. ‘Adi as narrated by Mis’ar , except that his version goes: As Thou didst bless Abraham’s family. Thou art indeed praiseworthy and glorious. And grant favours to Muhammad. He then narrated the tradition in full.

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

The same tradition has been narrated by a different chain of transmitters with a slight difference in the wording.

I heard a man reciting a verse (of the Holy Qur'an) but I had heard the Prophet reciting it differently. So, I caught hold of the man by the hand and took him to Allah's Apostle who said, "Both of you are right." Shu`ba, the sub-narrator said, "I think he said to them, "Don't differ, for the nations before you differed and perished (because of their differences). "

That he sold a camel to the Prophet (saws) and made a condition that he could ride it to (return to) his family.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from Jabir.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They consider it allowed to make a condition in a sale when it is one condition. This is the view of Ahmad and Ishaq.

Some of the people of knowledge said that it is not allowed to make a condition in a sale, nor to complete a sale when there is a condition for it.

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

A similar tradition has been transmitted by a different chain of narrators, on the same authority with a slight difference In the wording.

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

The Prophet has decreed that preemption is valid in all cases where the real estate concerned has not been divided, but if the boundaries are established and the ways are made, then there is no preemption. A man said, "Preemption is only for the neighbor," and then he makes invalid what he has confirmed. He said, "If someone wants to buy a house and being afraid that the neighbor (of the house) may buy it through preemption, he buys one share out of one hundred shares of the house and then buys the rest of the house, then the neighbor can only have the right of preemption for the first share but not for the rest of the house; and the buyer may play such a trick in this case."

Ibn `Umar used to spend the night at Dhi-Tuwa in between the two Thaniyas and then he would enter Mecca through the Thaniya which is at the higher region of Mecca, and whenever he came to Mecca for Hajj or `Umra, he never made his she camel kneel down except near the gate of the Masjid (Sacred Mosque) and then he would enter (it) and go to the Black (stone) Corner and start from there circumambulating the Ka`ba seven times: hastening in the first three rounds (Ramal) and walking in the last four. On finishing, he would offer two rak`at prayer and set out to perform Tawaf between Safa and Marwa before returning to his dwelling place. On returning (to Medina) from Hajj or `Umra, he used to make his camel kneel down at Al-Batha which is at Dhul-Hulaifa, the place where the Prophet used to make his camel kneel down.

I asked Abu Sa`id, and he was a friend of mine, (about the Night of Qadr) and he said, "We practiced I`tikaf (seclusion in the mosque) in the middle third of the month of Ramadan with the Prophet . In the morning of the 20th of Ramadan, the Prophet came and addressed us and said, 'I was informed of (the date of the Night of Qadr) but I was caused to forget it; so search for it in the odd nights of the last ten nights of the month of Ramadan. (In the dream) I saw myself prostrating in mud and water (as a sign). So, whoever was in I`tikaf with me should return to it with me (for another 10-day's period)', and we returned. At that time there was no sign of clouds in the sky but suddenly a cloud came and it rained till rainwater started leaking through the roof of the mosque which was made of date-palm leaf stalks. Then the prayer was established and I saw Allah's Apostle prostrating in mud and water and I saw the traces of mud on his forehead."

The Prophet (saws) said: How will you do when that time will come? Or he said: A time will soon come when the people are sifted and only dregs of mankind survive and their covenants and guarantees have been impaired and they have disagreed among themselves and become thus, interwining his fingers. They asked: What do you order us to do, Messenger of Allah? He replied: Accept what you approve, abandon what you disapprove, attend to your own affairs and leave alone the affairs of the generality.

Abu dawud said: A similar tradition has been transmitted by 'Abd Allah bin 'Amr from the Prophet (saws) through different chain.

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

Malik related to me from Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him, "Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you." Muhammed refused so ad- Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab summoned Muhammad ibn Maslama and ordered him to clear the way. Muhammad said, "No." Umar said, "Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you."

Muhammad said, "No, by Allah!" Umar said, "By Allah, he will pass it through, even if it is over your belly!" Umar ordered him to allow its passage and ad-Dahhak did so.

When it was the day (of the battle) of Hunain, the tributes of Hawazin and Ghatafan and others, along with their animals and offspring (and wives) came to fight against the Prophet The Prophet had with him, ten thousand men and some of the Tulaqa. The companions fled, leaving the Prophet alone. The Prophet then made two calls which were clearly distinguished from each other. He turned right and said, "O the group of Ansar!" They said, "Labbaik, O Allah's Apostle! Rejoice, for we are with you!" Then he turned left and said, "O the group of Ansar!" They said, "Labbaik! O Allah's Apostle! Rejoice, for we are with you!" The Prophet at that time, was riding on a white mule; then he dismounted and said, "I am Allah's Slave and His Apostle." The infidels then were defeated, and on that day the Prophet gained a large amount of booty which he distributed amongst the Muhajirin and the Tulaqa and did not give anything to the Ansar. The Ansar said, "When there is a difficulty, we are called, but the booty is given to other than us." The news reached the Prophet and he gathered them in a leather tent and said, "What is this news reaching me from you, O the group of Ansar?" They kept silent, He added," O the group of Ansar! Won't you be happy that the people take the worldly things and you take Allah's Apostle to your homes reserving him for yourself?" They said, "Yes." Then the Prophet said, "If the people took their way through a valley, and the Ansar took their way through a mountain pass, surely, I would take the Ansar's mountain pass." Hisham said, "O Abu Hamza (i.e. Anas)! Did you witness that? " He replied, "And how could I be absent from him?"

Abu Dawud said: I heard Ahmad b. Hanbal say: I have corrupted this tradition for us. He was asked: Do you think that it is correct that this tradition has been corrupted? Has any person other than Ibn Abi Uwais transmitted it ? He replied: Ayyub was similar to him in respect of reliability, and Ayyub transmitted it.

Allah's Apostle went out to answer the call of nature and on his return I brought some water to him. He performed the ablution while he was wearing a Sha'mi cloak. He rinsed his mouth and washed his nose by putting water in it and then blowing it out, and washed his face. Then he tried to take out his hands through his sleeves but they were tight, so he took them out from underneath, washed them and passed wet hands over his head and over his leather socks.

We went to pay a visit to Khabbab (who was sick) and he had been branded (cauterized) at seven places in his body. He said, "Our companions who died (during the lifetime of the Prophet) left (this world) without having their rewards reduced through enjoying the pleasures of this life, but we have got (so much) wealth that we find no way to spend It except on the construction of buildings Had the Prophet not forbidden us to wish for death, I would have wished for it.' We visited him for the second time while he was building a wall. He said, A Muslim is rewarded (in the Hereafter) for whatever he spends except for something that he spends on building."

On the day of the Conquest of Mecca, when the Prophet had given (from the booty) the Quraish, the Ansar said, "By Allah, this is indeed very strange: While our swords are still dribbling with the blood of Quraish, our war booty are distributed amongst them." When this news reached the Prophet he called the Ansar and said, "What is this news that has reached me from you?" They used not to tell lies, so they replied, "What has reached you is true." He said, "Doesn't it please you that the people take the booty to their homes and you take Allah's Apostle to your homes? If the Ansar took their way through a valley or a mountain pass, I would take the Ansar's valley or a mountain pass."

The Prophet (saws) said: Soon there will appear disagreement and dissension in my people; there will be people who will be good in speech and bad in work. They recite the Qur'an, but it does not pass their collar-bones. They will swerve from the religion as an animal goes through the animal shot at. They will not return to it till the arrow comes back to its notch. They are worst of the people and animals. Happy is the one who kills them and they kill him. They call to the book of Allah, but they have nothing to do with it. He who fights against them will be nearer to Allah than them (the rest of the people). The people asked: What is their sign? He replied: They shave the head.

From Hakim bin Hizam, that the Messenger of Allah (saws) sent Hakim bin Hizam with a Dinar to buy an animal for Udhiyyah (an animal for sacrifice) for him. He purchases an Udhiyyah which he sold and profited a Dinar from, so he purchased another in its place. And he returned to the Messenger of Allah (saws) with Udhiyyah and the Dinar, so he said: 'The sheep is for sacrifice and Dinar is for charity.'"

[Abu 'Eisa said:] We do not know of the Hadith of Hakim bin Hizam except through this route, and Habib bin Abi Thabit did not hear from Hakim bin Hizam - in my view.

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)

"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."

When Allah gave to His Apostle the war booty on the day of Hunain, he distributed that booty amongst those whose hearts have been (recently) reconciled (to Islam), but did not give anything to the Ansar. So they seemed to have felt angry and sad as they did not get the same as other people had got. The Prophet then delivered a sermon before them, saying, "O, the assembly of Ansar! Didn't I find you astray, and then Allah guided you on the Right Path through me? You were divided into groups, and Allah brought you together through me; you were poor and Allah made you rich through me." Whatever the Prophet said , they (i.e. the Ansar) said, "Allah and his Apostle have more favours to do." The Prophet said, "What stops you from answering the Apostle of Allah?" But whatever he said to them, they replied, "Allah and His Apostle have more favours to do." The Prophet then said, "If you wish you could say: 'You came to us in such-and-such state (at Medina).' Wouldn't you be willing to see the people go away with sheep and camels while you go with the Prophet to your homes? But for the migration, I would have been one of the Ansar, and if the people took their way through a valley or mountain pass, I would select the valley or mountain pass of the Ansar. The Ansar are Shiar (i.e. those clothes which are in direct contact with the body and worn inside the other garments), and the people are Dithar (i.e. those clothes which are not in direct contact with the body and are worn over other garments). No doubt, you will see other people favoured over you, so you should be patient till you meet me at the Tank (of Kauthar).

Malik said, "The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons, male or female. They do not inherit anything when there is a father or the father's father. They inherit in what is outside of that. If there is only one male or female, they are given a sixth. If there are two, each of them has a sixth. If there are more than that, they share in a third which is divided among them. The male does not have portion of two females. That is because Allah, the Blessed, the Exalted, says in His Book, 'If a man or woman has no direct heir, and he has a brother or sister, by the mother, each of them has a sixth. If there are more than two, they share equally in a third.' " (Sura 4 ayat 12).

Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.

Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.

Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.

The tradition mentioned above has also been transmitted by ibn Shihab through a different chain of narrators to the same effect. This version adds “She said “he entered upon me looking pleased with the lines of his face brightened.

Abu Dawud said “Ibn ‘Uyainah did not remember the words “the lines of his face”.”

Abu Dawud said “The words “the lines of his face” have been narrated by Ibn ‘Uyainah himself. He did not hear Al Zuhri say (these words). He heard some person other than Al Zuhri say these words. The words “the lines of his face” occur in the tradition narrated by Al Laith and others.

Abu Dawud said “ I heard Ahmad bin Salih say “Usamah was very black like tar and Zaid was white like cotton.”

Abu Dawud said: It has also been narrated by Abu al-Walid al-Tayalisi, but I did not hear him. He reported it from 'Aishah through a different chain of narrators. 'Aishah said: Zainab daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) said to her: Take bath for every prayer. The narrator then reported the tradition (in full).

Abu Dawud said: The version transmitted by 'Abd al-Samad from Sulaiman b. Kathir has: "Perform ablution for every prayer." This is a misunderstanding on the part of 'Abd al-Samad. The correct version is the one narrated by Abu al-Walid.

Abu Dawud said: Al-Qasim b. Mabrur reported from Yunus from Ibn Shihab from 'Amrah from 'Aishah from Umm Habibah daughter of Jahsh. Similarly, it was reported by Ma'mar from al-Zuhri from 'Amrah from 'Aishah. Ma'mar sometimes reported from 'Amrah on the authority of Umm Habibah to the same effect. Similarly, it was reported by Ibrahim b. Sa'd and Ibn 'Uyainah from al-Zuhri from 'Amrah from 'Aishah. Ibn 'Uyainah said in his version: He (al-Zuhri) did not say that the Prophet (saws) commanded her to take bath.

It has also been transmitted by al-Awza'i in a similar way. In this version he said: 'Aishah said: She used to take bath for very prayer.

While we were with Allah's Apostle who was distributing (i.e. some property), there came Dhu-l- Khuwaisira, a man from the tribe of Bani Tamim and said, "O Allah's Apostle! Do Justice." The Prophet said, "Woe to you! Who could do justice if I did not? I would be a desperate loser if I did not do justice." `Umar said, "O Allah's Apostle! Allow me to chop his head off." The Prophet said, "Leave him, for he has companions who pray and fast in such a way that you will consider your fasting negligible in comparison to theirs. They recite Qur'an but it does not go beyond their throats (i.e. they do not act on it) and they will desert Islam as an arrow goes through a victim's body, so that the hunter, on looking at the arrow's blade, would see nothing on it; he would look at its Risaf and see nothing: he would look at its Na,di and see nothing, and he would look at its Qudhadh ( 1 ) and see nothing (neither meat nor blood), for the arrow has been too fast even for the blood and excretions to smear. The sign by which they will be recognized is that among them there will be a black man, one of whose arms will resemble a woman's breast or a lump of meat moving loosely. Those people will appear when there will be differences amongst the people." I testify that I heard this narration from Allah's Apostle and I testify that `Ali bin Abi Talib fought with such people, and I was in his company. He ordered that the man (described by the Prophet ) should be looked for. The man was brought and I looked at him and noticed that he looked exactly as the Prophet had described him.

We came to the Prophet and we were (a few) young men of approximately equal age and stayed with him for twenty nights. Then he thought that we were anxious for our families, and he asked us whom we had left behind to look after our families, and we told him. He was kindhearted and merciful, so he said, "Return to your families and teach them (religious knowledge) and order them (to do good deeds) and offer your prayers in the way you saw me offering my prayers, and when the stated time for the prayer becomes due, then one of you should pronounce its call (i.e. the Adhan), and the eldest of you should lead you in prayer.

The Prophet delivered the Khutba on the day of Nahr (`Id-ul-Adha) and said, "The first thing we should do on this day of ours is to pray and then return and slaughter (our sacrifices). So anyone who does so he acted according to our Sunna; and whoever slaughtered before the prayer then it was just meat that he offered to his family and would not be considered as a sacrifice in any way. My uncle Abu Burda bin Niyyar got up and said, "O, Allah's Apostle! I slaughtered the sacrifice before the prayer but I have a young she-goat which is better than an older sheep." The Prophet said, "Slaughter it in lieu of the first and such a goat will not be considered as a sacrifice for anybody else after you."

Abu Dawud said: This tradition has been narrated by al-Thawri to the same effect on the authority of Khusaif. 'Abd al-Rahman b. Samurah also prayed in like manner. But the section which he (the Prophet) led in one rak'ah and then uttered the salutation and went and took the place of their companions. They came and prayed one rak'ah by themselves. Then they returned to their place and they prayed (one rak'ah) by themselves.

Abu Dawud said: Muslim b. Ibrahim reported from 'Abd al-Samad b. Habib on the authority of his father that they had fought a battle at Kabul along with 'Abd al-Rahman b. Samurah. He led us in prayer in time of danger.

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

A hadith like this has been narrated on the authority of Qatada with the same chain of transmitters by different narrators (except this difference) that in the hadith transmitted by Taimi and Umar b. Amir and Hisham (the date of setting out is) 18th, and in the hadith transmitted by Sa'id it is the 12th, and in the one transmitted by Shu'ba it is the 17th or 19th.

The Prophet (saws) said: Any woman who is married by two guardians (to two different men) belongs to the first woman who is married by two guardians (to two different men) belongs to the first of them and anything sold by a man to two persons belongs to the first of them.

Malik said, "The generally agreed on way of doing things among us is that some one who buys some fruit, fresh or dry, should not resell it until he gets full possession of it. He should not barter things of the same type, except hand to hand. Whatever can be made into dry fruit to be stored and eaten, should not be bartered for its own kind, except hand to hand, like for like, when it is the same kind of fruit. In the case of two different kinds of fruit, there is no harm in bartering two of one kind for one of another, hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon, cucumber, melon, carrots, citron, medlars, pomegranates, and soon, which when dried no longer counts as fruit, and is not a thing which is stored up as is fruit, I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it, there is no harm in it."

I passed by a place called Ar-Rabadha and by chance I met Abu Dhar and asked him, "What has brought you to this place?" He said, "I was in Sham and differed with Muawiya on the meaning of (the following verses of the Qur'an): 'They who hoard up gold and silver and spend them not in the way of Allah.' (9.34). Muawiya said, 'This verse is revealed regarding the people of the scriptures." I said, It was revealed regarding us and also the people of the scriptures." So we had a quarrel and Mu'awiya sent a complaint against me to `Uthman. `Uthman wrote to me to come to Medina, and I came to Medina. Many people came to me as if they had not seen me before. So I told this to `Uthman who said to me, "You may depart and live nearby if you wish." That was the reason for my being here for even if an Ethiopian had been nominated as my ruler, I would have obeyed him .

Abu Dawud said : this tradition has also been transmitted by Abu sa’id through a different chain of narrators to the same effect. A man has narrated in this version from Ibn-Ulayyah one sa’ of wheat. But this version is not guarded.