Yahya related to me from Malik that Abu'z-Zinad heard Said ibn al-Musayyab say, "There is usury only in gold or silver or what is weighed or measured of what is eaten or drunk."

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 Prophet said, "Do not abuse the dead, for they have reached the result of what they have done."

Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "I did not believe that the Messenger of Allah, may Allah bless him and grant him peace, had died until I heard the pickaxes fall."

Yahya related to me from Malik from Abd ar-Rahman ibn Harmala al- Aslami from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will remain in good as long as they are quick to break the fast."

The Prophet rode a donkey having a saddle with a Fadakiyya velvet covering. He mounted me behind him and went to visit Sa`d bin 'Ubada, and that had been before the battle of Badr. The Prophet proceeded till he passed by a gathering in which `Abdullah bin Ubai bin Salul was present, and that had been before `Abdullah embraced Islam. The gathering comprised of Muslims, polytheists, i.e., isolators and Jews. `Abdullah bin Rawaha was also present in that gathering. When dust raised by the donkey covered the gathering, `Abdullah bin Ubai covered his nose with his upper garment and said, "Do not trouble us with dust." The Prophet greeted them, stopped and dismounted. Then he invited them to Allah (i.e., to embrace Islam) and recited to them some verses of the Holy Qur'an. On that, `Abdullah bin Ubai said, "O man ! There is nothing better than what you say if it is true. Do not trouble us with it in our gathering, but return to your house, and if somebody comes to you, teach him there." On that `Abdullah bin Rawaha said, Yes, O Allah's Apostle! Bring your teachings to our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing each other till they were about to fight. The Prophet kept on quietening them till they became calm. Thereupon the Prophet mounted his animal and proceeded till he entered upon Sa`d bin Ubada. He said to him "O Sa`d! Have you not heard what Abu Hubab (i.e., `Abdullah bin Ubai) said?" Sa`d said, 'O Allah's Apostle! Excuse and forgive him, for Allah has given you what He has given you. The people of this town (Medina decided unanimously to crown him and make him their chief by placing a turban on his head, but when that was prevented by the Truth which Allah had given you he (`Abdullah bin Ubai) was grieved out of jealously, and that was the reason which caused him to behave in the way you have seen."

Abu Talha said to Um Sulaim, "I heard the voice of Allah's Apostle rather weak, and I knew that it was because of hunger. Have you anything (to present to the Prophet)?" She said, "Yes." Then she took out a few loaves of barley bread and took a veil of hers and wrapped the bread with a part of it and sent me to Allah's Apostle. I went and found Allah's Apostle sitting in the mosque with some people. I stood up before him. Allah's Apostle said to me, "Has Abu Talha sent you?" I said, ' Yes. Then Allah's Apostle said to those who were with him. "Get up and proceed." I went ahead of them (as their forerunner) and came to Abu Talha and informed him about it. Abu Talha said, "O Um Sulaim! Allah's Apostle has come and we have no food to feed them." Um Sulaim said, "Allah and His Apostle know best." So Abu Talha went out (to receive them) till he met Allah's Apostle. Allah's Apostle came in company with Abu Talha and they entered the house. Allah's Apostle said, "O Um Sulaim! Bring whatever you have." So she brought that (barley) bread and Allah's Apostle ordered that bread to be broken into small pieces, and then Um Sulaim poured over it some butter from a leather butter container, and then Allah's Apostle said what Allah wanted him to say, (i.e. blessing the food). Allah's Apostle then said, "Admit ten men." Abu Talha admitted them and they ate to their fill and went out. He again said, "Admit ten men." He admitted them, and in this way all the people ate to their fill, and they were seventy or eighty men."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

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

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

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

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

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

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

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

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

There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.

Nafi' told that Ibn Umar used to say: I swear by Allah that I do not doubt that Antichrist is Ibn Sayyad.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

The Prophet frequently used to swear, "No, by the One Who turns the hearts."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as Saidi that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will remain in good as long as they are quick to break the fast."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar did not like people who were in ihram removing mites or ticks from their camels.

Malik said, "This is what I like most out of what I have heard about the matter."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would guard against animals and camels which were young or had physical defects as sacrifices.

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

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

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

29.2 Divorce by Euphemistic Statements

Allah's Apostle said, "The people will remain on the right path as long as they hasten the breaking of the fast."

the same as above but said, "... in every joint undivided thing..." Narrated Hisham from Ma`mar the same as above but said, " ... in every property... "

The Prophet met them (i.e. the people) while he was riding an unsaddled horse with his sword slung over his shoulder.

Somebody said to Ibn `Abbas, "Can you speak to the chief of the believers Mu`awiyah, as he does not pray except one rak`a as witr?" Ibn `Abbas replied, "He is a Faqih (i.e. a learned man who can give religious verdicts) ."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik ...

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery ...

When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that ...

The Prophet (saws) received Ja'far ibn AbuTalib, embraced him and kissed him between both of his eyes (forehead).