Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Yahya related to me from Malik from Hisham ibn Urwa from his father from Humran, the mawla of Uthman ibn Affan, that Uthman ibn Affan was once sitting on the Maqaid (the benches surrounding the Madina Mosque, or else a stone near Uthman ibn Affan's house where he sat to discuss with people), when the muadhdhin came and told him that it was time for the asr prayer. He called for water and did wudu. Then he said, "By Allah, I shall tell you something which I would not tell you if it were not in the Book of Allah. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If a man does wudu, and makes sure he does it correctly, and then does the prayer, he will be forgiven everything that he does between then and the time when he prays the next prayer.' "

Yahya said that Malik said, "I believe he meant this ayat - 'Establish prayer at the two ends of the day and in some watches of the night. Good actions take away wrong actions. That is a reminder for those who remember.' " (Sura 11 ayat 114).

Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(saws) in the morning and said Apostle of Allaah(saws) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(saws) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(saws) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(saws) said “Send for her. She then came.” The Apostle of Allaah(saws) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(saws) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(saws) separated them from each other and decided that the child will not be attributed to its father. Neither she nor her child will be accused of adultery. He who accuses her or her child will be liable to punishment. He also decided that there will be no dwelling and maintenance for her (from the husband) as they were separated without divorce and death. He then said “If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttocks he will be the child of the one who was accused of adultery. She gave birth to a child with curly hair, fat limbs, fat shins and fat buttocks. The Apostle of Allaah(saws) said “Had there been no oaths, I would have dealt with her severely.”

‘Ikrimah said “Later on he became the chief of the tribe of Mudar. He was not attributed to his father.”

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Malik bin Sasaa said that Allah's Apostle described to them his Night Journey saying, "While I was lying in Al-Hatim or Al-Hijr, suddenly someone came to me and cut my body open from here to here." I asked Al-Jarud who was by my side, "What does he mean?" He said, "It means from his throat to his pubic area," or said, "From the top of the chest." The Prophet further said, "He then took out my heart. Then a gold tray of Belief was brought to me and my heart was washed and was filled (with Belief) and then returned to its original place. Then a white animal which was smaller than a mule and bigger than a donkey was brought to me." (On this Al-Jarud asked, "Was it the Buraq, O Abu Hamza?" I (i.e. Anas) replied in the affirmative). The Prophet said, "The animal's step (was so wide that it) reached the farthest point within the reach of the animal's sight. I was carried on it, and Gabriel set out with me till we reached the nearest heaven. When he asked for the gate to be opened, it was asked, 'Who is it?' Gabriel answered, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has Muhammad been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed. What an excellent visit his is!' The gate was opened, and when I went over the first heaven, I saw Adam there. Gabriel said (to me). 'This is your father, Adam; pay him your greetings.' So I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious son and pious Prophet.' Then Gabriel ascended with me till we reached the second heaven. Gabriel asked for the gate to be opened. It was asked, 'Who is it?' Gabriel answered, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel answered in the affirmative. Then it was said, 'He is welcomed. What an excellent visit his is!' The gate was opened. When I went over the second heaven, there I saw Yahya (i.e. John) and `Isa (i.e. Jesus) who were cousins of each other. Gabriel said (to me), 'These are John and Jesus; pay them your greetings.' So I greeted them and both of them returned my greetings to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the third heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed, what an excellent visit his is!' The gate was opened, and when I went over the third heaven there I saw Joseph. Gabriel said (to me), 'This is Joseph; pay him your greetings.' So I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the fourth heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed, what an excel lent visit his is!' The gate was opened, and when I went over the fourth heaven, there I saw Idris. Gabriel said (to me), 'This is Idris; pay him your greetings.' So I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the fifth heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel.' It was asked. 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said He is welcomed, what an excellent visit his is! So when I went over the fifth heaven, there I saw Harun (i.e. Aaron), Gabriel said, (to me). This is Aaron; pay him your greetings.' I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the sixth heaven and asked for its gate to be opened. It was asked. 'Who is it?' Gabriel replied, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. It was said, 'He is welcomed. What an excellent visit his is!' When I went (over the sixth heaven), there I saw Moses. Gabriel said (to me),' This is Moses; pay him your greeting. So I greeted him and he returned the greetings to me and said, 'You are welcomed, O pious brother and pious Prophet.' When I left him (i.e. Moses) he wept. Someone asked him, 'What makes you weep?' Moses said, 'I weep because after me there has been sent (as Prophet) a young man whose followers will enter Paradise in greater numbers than my followers.' Then Gabriel ascended with me to the seventh heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel.' It was asked,' Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed. What an excellent visit his is!' So when I went (over the seventh heaven), there I saw Abraham. Gabriel said (to me), 'This is your father; pay your greetings to him.' So I greeted him and he returned the greetings to me and said, 'You are welcomed, O pious son and pious Prophet.' Then I was made to ascend to Sidrat-ul-Muntaha (i.e. the Lote Tree of the utmost boundary) Behold! Its fruits were like the jars of Hajr (i.e. a place near Medina) and its leaves were as big as the ears of elephants. Gabriel said, 'This is the Lote Tree of the utmost boundary) . Behold ! There ran four rivers, two were hidden and two were visible, I asked, 'What are these two kinds of rivers, O Gabriel?' He replied,' As for the hidden rivers, they are two rivers in Paradise and the visible rivers are the Nile and the Euphrates.' Then Al-Bait-ul-Ma'mur (i.e. the Sacred House) was shown to me and a container full of wine and another full of milk and a third full of honey were brought to me. I took the milk. Gabriel remarked, 'This is the Islamic religion which you and your followers are following.' Then the prayers were enjoined on me: They were fifty prayers a day. When I returned, I passed by Moses who asked (me), 'What have you been ordered to do?' I replied, 'I have been ordered to offer fifty prayers a day.' Moses said, 'Your followers cannot bear fifty prayers a day, and by Allah, I have tested people before you, and I have tried my level best with Bani Israel (in vain). Go back to your Lord and ask for reduction to lessen your followers' burden.' So I went back, and Allah reduced ten prayers for me. Then again I came to Moses, but he repeated the same as he had said before. Then again I went back to Allah and He reduced ten more prayers. When I came back to Moses he said the same, I went back to Allah and He ordered me to observe ten prayers a day. When I came back to Moses, he repeated the same advice, so I went back to Allah and was ordered to observe five prayers a day. When I came back to Moses, he said, 'What have you been ordered?' I replied, 'I have been ordered to observe five prayers a day.' He said, 'Your followers cannot bear five prayers a day, and no doubt, I have got an experience of the people before you, and I have tried my level best with Bani Israel, so go back to your Lord and ask for reduction to lessen your follower's burden.' I said, 'I have requested so much of my Lord that I feel ashamed, but I am satisfied now and surrender to Allah's Order.' When I left, I heard a voice saying, 'I have passed My Order and have lessened the burden of My Worshipers."

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, used to exhort people to watch the night in prayer in Ramadan but never ordered it definitely. He used to say, "Whoever watches the night in prayer in Ramadan with trust and expectancy, will be forgiven all his previous wrong actions."

Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, died while that was still the custom, and it continued to be the custom in the caliphate of Abu Bakr and at the beginning of the caliphate of Umar ibn al-Khattab."

Another chain reports a similar hadith.

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

AbulJawza' said: A man who attended the company of the Prophet (saws) narrated to me (it is thought that he was Abdullah ibn Amr): The Prophet (saws) said to me: Come to me tomorrow; I shall give you something, I shall give you something, I shall reward you something, I shall donate something to you. I thought that he would give me some present.

He said (to me when I came to him): When the day declines, stand up and pray four rak'ahs. He then narrated something similar.

This version adds: Do not stand until you glorify Allah ten times, and praise Him ten times, and exalt Him ten times, and say, "There is no god but Allah" ten times. Then you should do that in four rak'ahs. If you are the greatest sinner on earth, you will be forgiven (by Allah) on account of this (prayer).

I asked: If I cannot pray this the appointed hour, (what should I do)? He replied: Pray that by night or by day (at any time).

Abu Dawud said: Habban b. Hilal is the maternal uncle of Hilal al-Ra'i.

Abu Dawud said: This tradition has been narrated by al-Mustamir b. al-Riyyan from Ibn al-Jawza' from 'Abd Allah b. 'Amr without referring to the Prophet (saws), - narrated as a statement of 'Abd Allah b. 'Amr himself (mauquf). This has also been narrated by Rawh b. al-Musayyab, and Ja'far b. Sulaiman from 'Amr b. Malik al-Nakri from Abu al-Jauza' from Ibn 'Abbas as his own statement (and not the statement of the Prophet). But the version of Rawh has the words: "The tradition of the Prophet (saws)."

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that Abdullah ibn Qays ibn Makhrama told him that Zayd ibn Khalid al-Juhani said one night that he was going to observe the prayer of the Messenger of Allah, may Allah bless him and grant him peace. He said, "I rested my head on his threshold. The Messenger of Allah, may Allah bless him and grant him peace, got up and prayed two long, long, long rakas. Then he prayed two rakas which were slightly less long than the two before them. Then he prayed two rakas which were slightly less long than the two before them. Then he prayed two rakas which were slightly less long than the two before them. Then he prayed two rakas which were slightly less long than the two before them. Then he prayed two rakas which were slightly less long than the two before them. Then he prayed an odd raka, making thirteen rakas in all."