Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

The Prophet (saws) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (saws) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (saws) as saying: The best marriage is the one that is most easy. The Messenger of Allah (saws) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."

Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."

Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, travelled by night on the way back from Khaybar.Towards the end of the night he stopped for a rest and told Bilal to stay awake to keep watch for the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, and his companions slept. Bilal stayed on guard as long as was decreed for him and then he leant against his riding camel facing the direction of the dawn and sleep overcame him and neither he nor the Messenger of Allah nor any of the party woke up until the sun's rays had struck them. The Messenger of Allah, may Allah bless him and grant him peace, was alarmed. Bilal excused himself, saying, "Messenger of Allah! The One who took your self was the One who took myself. "The Messenger of Allah, may Allah bless him and grant him peace, ordered the party to move on and so they roused thei r mounts and rode on a short distance. The Messenger of Allah, may Allah bless him and grant him peace, ordered Bilal to give the iqama and then led them in the subh prayer. When he had finished he said, "Anyone who forgets a prayer should pray it when he remembers. Allah theBlessed and Exalted says in His book, 'Establish the prayer to remember Me.'"

Allah's Apostle said, "Keeping horses may be a source of reward to some (man), a shelter to another (i.e. means of earning one's living), or a burden to a third. He to whom the horse will be a source of reward is the one who keeps it in Allah's Cause (prepare it for holy battles) and ties it by a long rope in a pasture (or a garden). He will get a reward equal to what its long rope allows it to eat in the pasture or the garden, and if that horse breaks its rope and crosses one or two hills, then all its footsteps and its dung will be counted as good deeds for its owner; and if it passes by a river and drinks from it, then that will also be regarded as a good deed for its owner even if he has had no intention of watering it then. Horses are a shelter from poverty to the second person who keeps horses for earning his living so as not to ask others, and at the same time he gives Allah's right (i.e. rak`at) (from the wealth he earns through using them in trading etc.,) and does not overburden them. He who keeps horses just out of pride and for showing off and as a means of harming the Muslims, his horses will be a source of sins to him." When Allah's Apostle was asked about donkeys, he replied, "Nothing particular was revealed to me regarding them except the general unique verse which is applicable to everything: "Whoever does goodness equal to the weight of an atom (or small ant) shall see it (its reward) on the Day of Resurrection."

who was one of those who used to write the Divine Revelation: Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra' were killed). `Umar was present with Abu Bakr who said, `Umar has come to me and said, The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra' (those who know the Qur'an by heart) at other battle-fields, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an." Abu Bakr added, "I said to `Umar, 'How can I do something which Allah's Apostle has not done?' `Umar said (to me), 'By Allah, it is (really) a good thing.' So `Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as `Umar." (Zaid bin Thabit added:) `Umar was sitting with him (Abu Bakr) and was not speaking. me). "You are a wise young man and we do not suspect you (of telling lies or of forgetfulness): and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript). " By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, "How dare you do a thing which the Prophet has not done?" Abu Bakr said, "By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and `Umar. So I started locating Qur'anic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuza`ima two Verses of Surat-at-Tauba which I had not found with anybody else, (and they were):-- "Verily there has come to you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty He (Muhammad) is ardently anxious over you (to be rightly guided)" (9.128) The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with `Umar till Allah took him unto Him, and finally it remained with Hafsa, `Umar's daughter.

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

The Prophet (saws) said: The people will establish cities, Anas, and one of them will be called al-Basrah or al-Busayrah. If you should pass by it or enter it, avoid its salt-marshes, its Kall, its market, and the gate of its commanders, and keep to its environs, for the earth will swallow some people up, pelting rain will fall and earthquakes will take place in it, and there will be people who will spend the night in it and become apes and swine in the morning.

Another chain narrates with the addition of "and the drowned is a martyr."

Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free."

When we collected the fragramentary manuscripts of the Qur'an into copies, I missed one of the Verses of Surat al-Ahzab which I used to hear Allah's Apostle reading. Finally I did not find it with anybody except Khuza`ima Al-Ansari, whose witness was considered by Allah's Apostle equal to the witness of two men. (And that Verse was:) 'Among the believers are men who have been true to their covenant with Allah.'

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah guarantees either the Garden or a safe return to his home with whatever he has obtained of reward or booty, for the one who does jihad in His way, if it is solely jihad and trust in his promise that brings him out of his house."

Malik said about enemy soldiers who were found on the seashore of a Muslim land, and they claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that except that their ships were damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the imam to give his opinion about them, and I do not think that the tax of one fifth is taken from them."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days."

I gave a horse in Allah's Cause. The person to whom it was given, did not look after it. I intended to buy it from him, thinking that he would sell it cheap. When I asked the Prophet he said, "Don't buy it, even if he gives it to you for one Dirham, as the person who takes back what he has given in charity, is like a dog that swallows back its vomit."

On the day of Badr, the Prophet said, "Who will go and see what has happened to Abu Jahl?" Ibn Mas`ud went and found that the two sons of 'Afra had struck him fatally. `Abdullah bin Mas`ud got hold of his beard and said, "'Are you Abu Jahl?" He replied, "Can there be a man more superior to one whom his own folk have killed (or you have killed)?"

When it was the day (of the battle) of Al-Harra the people were giving Pledge of allegiance to `Abdullah bin Hanzala. Ibn Zaid said, "For what are the people giving Pledge of allegiance to `Abdullah bin Hanzala?" It was said to him, "For death." Ibn Zaid said, "I will never give the Pledge of allegiance for that to anybody else after Allah's Apostle ." Ibn Zaid was one of those who had witnessed the day of Al-Hudaibiya with the Prophet.

The reading of the following verse by the Prophet (saws) goes: "Nay, but there came to thee (ja'atki) my signs, and thou didst reject them (fakadhdhabti biha) ; thou wast haughty (wastakbarti) and became one of those who reject Faith (wa kunti).

Abu Dawud said: This is a mursal tradition, i.e. the link of the Companion has been omitted, for the narrator al-Rabi' did not meet Umm Salamah.

Ibn ‘Abbas said I heard the Apostle of Allaah(saws) say When one who is wearing ihram cannot get a lower garment(loin cloth) he may ear trousers and when he cannot get sandals he may wear shoes.

Abu Dawud said This is the tradition narrated by the narrators of Makkah. Its narrator from Basrah is Jabir bin Zaid. He mentioned only trousers and omitted the mention of cutting of the shoes.

The Prophet (saws) addressed me as: O you with the two ears.

Allah's Apostle said, "O Allah! Give food to the family of Muhammad."

The imam is responsible and the mu'adhdhin is trusted, O Allah, guide the imams and forgive the mu'adhdhins.

The Messenger of Allah (saws) used to prostrate and sleep (in prostration) and produce puffing sounds (during sleep). Then he would stand and pray and would not perform ablution. I said to him: you prayed but did not perform ablution though you slept (in prostration). He replied: Ablution is necessary for one who sleeps while he is lying down. Uthman and Hannad added: For when he lies down, his joints are relaxed.

Abu Dawud said: The statement "ablution is necessary for one who sleeps while one is lying down" is a munkar (rejected) tradition. It has been narrated only by Yazid Abu Khalid al-Dalani, on the authority of Qatadah. And its earlier part has been narrated by a group (of narrators) from Ibn 'Abbas; they did not mention anything about it. He (Ibn 'Abbas) said: The Prophet (saws) was protected (during his sleep). 'Aishah reported: The Prophet (saws) said: My eyes sleep, but my heart does not sleep. Shu'bah said: Qatadah heard from Abu'l-'Aliyah only four traditions: the tradition about Jonah son of Matthew, the tradition reported by Ibn 'Umar about prayer, the tradition stating that the judges are three, and the tradition narrated by Ibn 'Abbas saying: (This tradition) has been narrated to me by reliable persons ; 'Umar is one of them, and the most reliable of them in my opinion is 'Umar. Abu Dawud said: I asked Ahmad b. Hanbal about the tradition narrated by Yazid al-Dalani. He rebuked me out of respect for him. Then he said: Yazid al-Dalani does not add anything to what has been narrated by the teachers of Qatadah. He did not care of this tradition (due to its weakness).

[Al-Bukhari].

The Messenger of Allah (saws) prescribed this sadaqah as one sa' of dried dates or barley, or half a sa' of wheat payable by every freeman or slave, male or female, young or old. When Ali came (to Basrah), he found that price had come down. He said: Allah has given prosperity to you, so give one sa' of everything (as sadaqah).

The narrator Humayd said: Al-Hasan maintained that the sadaqah at the end of Ramadan was due on a person who fasted.

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Malik related to me from Yahya ibn Said from Amra bint Abd ar- Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, "If your masters agree that I pay them your price in one lump sum and set you free I will do it." Barira mentioned that to her masters and they said, "No, not unless your wala' is ours." Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, "Buy her and set her free. The wala' only belongs to the one who sets free."

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad from Salih ibn Khawwat that Sahl ibn Abi Hathma related to him that the form of the prayer of fear was that the imam stood with a group of his companions, while another group faced the enemy. The imam prayed one raka with them, including the prostration, and then stood. He remained standing while they completed the remaining raka by themselves. They then said the taslim, left, and formed up opposite the enemy while the imam remained standing. Then the others who had not prayed came forward and said the takbir behind the imam and he prayed one raka with them, including the prostration. He then said the taslim, while they stood up and prayed the remaining raka by themselves. Then they said the taslim.

I asked Az-Zuhri, "Did the Prophet ever offer the Fear Prayer?" Az-Zuhri said, "I was told by Salim that `Abdullah bin `Umar I had said, 'I took part in a holy battle with Allah's Apostle I in Najd. We faced the enemy and arranged ourselves in rows. Then Allah's Apostle (p.b.u.h) stood up to lead the prayer and one party stood to pray with him while the other faced the enemy. Allah's Apostle (p.b.u.h) and the former party bowed and performed two prostrations. Then that party left and took the place of those who had not prayed. Allah's Apostle prayed one rak`a (with the latter) and performed two prostrations and finished his prayer with Taslim. Then everyone of them bowed once and performed two prostrations individually.' "

We went out with Allah's Apostle in the year of Al-Hudaibiya. One night it rained and Allah's Apostle led us in the Fajr prayer and (after finishing it), turned to us and said, "Do you know what your Lord has said?" We replied, "Allah and His Apostle know it better." He said, "Allah said:-- "(Some of) My slaves got up believing in Me, And (some of them) disbelieving in Me. The one who said: We have been given Rain through Allah's Mercy and Allah's Blessing and Allah's Bounty, then he is a believer in Me, and is a disbeliever in the star. And whoever said: We have been given rain because of such and- such star, then he is a believer in the star, and is a disbeliever in Me."

Allah's Apostle said, "When the people of Paradise have entered Paradise and the people of the Fire have entered the Fire, death will be brought and will be placed between the Fire and Paradise, and then it will be slaughtered, and a call will be made (that), 'O people of Paradise, no more death ! O people of the Fire, no more death ! ' So the people of Paradise will have happiness added to their previous happiness, and the people of the Fire will have sorrow added to their previous sorrow."