That the Messenger of Allah (saws) said, "A man who wept out of the fear of Allah shall not enter the Fire until the milk returns to the udder; and dust in the cause of Allah and the smoke of Hell shall not come together."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Muhammad bin 'Abdur-Rahman is freed slave of Abu Talhah, and he is from Al-Madinah.

Allah's Apostle said, "A Muslim is a brother of another Muslim, so he should not oppress him, nor should he hand him over to an oppressor. Whoever fulfilled the needs of his brother, Allah will fulfill his needs; whoever brought his (Muslim) brother out of a discomfort, Allah will bring him out of the discomforts of the Day of Resurrection, and whoever screened a Muslim, Allah will screen him on the Day of Resurrection . "

The Prophet said, "Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price."

Hilal bin Umaiya accused his wife before the Prophet of committing illegal sexual intercourse with Sharik bin Sahma.' The Prophet said, "Produce a proof, or else you would get the legal punishment (by being lashed) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw another man over his wife, would he go to search for a proof." The Prophet went on saying, "Produce a proof or else you would get the legal punishment (by being lashed) on your back." The Prophet then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24)

While the Prophet was in a Ghazwa he said, "Some people have remained behind us in Medina and we never crossed a mountain path or a valley, but they were with us (i.e. sharing the reward with us), as they have been held back by a (legal) excuse. "

Allah's Apostle said, "To guard Muslims from infidels in Allah's Cause for one day is better than the world and whatever is on its surface, and a place in Paradise as small as that occupied by the whip of one of you is better than the world and whatever is on its surface; and a morning's or an evening's journey which a slave (person) travels in Allah's Cause is better than the world and whatever is on its surface."

The properties of Bani An-Nadir which Allah had transferred to His Apostle as Fai Booty were not gained by the Muslims with their horses and camels. The properties therefore, belonged especially to Allah's Apostle who used to give his family their yearly expenditure and spend what remained thereof on arms and horses to be used in Allah's Cause.

I participated in the Ghazwa of Tabuk along with Allah's Apostle and I gave a young camel to be ridden in Jihad and that was, to me, one of my best deeds. Then I employed a laborer who quarrelled with another person. One of them bit the hand of the other and the latter drew his hand from the mouth of the former pulling out his front tooth. Then the former instituted a suit against the latter before the Prophet who rejected that suit saying, "Do you expect him to put out his hand for you to snap as a male camel snaps (vegetation)?"

`Aisha, the wife of the Prophet told her that once Allah's Apostle was with her and she heard somebody asking permission to enter Hafsa's house. She said, "O Allah's Apostle! This man is asking permission to enter your house." Allah's Apostle replied, "I think he is so-and-so (meaning the foster uncle of Hafsa). What is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations."

I heard Allah's Apostle saying, "The angels descend, the clouds and mention this or that matter decreed in the Heaven. The devils listen stealthily to such a matter, come down to inspire the soothsayers with it, and the latter would add to it one-hundred lies of their own."

I have never heard the Prophet saying about anybody walking on the earth that he is from the people of Paradise except `Abdullah bin Salam. The following Verse was revealed concerning him: "And a witness from the children of Israel testifies that this Qur'an is true" (46.10)

We used to greet the Prophet while he used to be in prayers, and he used to reply to our greetings. But when we came back from Najashi (the King of Ethiopia) we greeted him (while he was praying) and he did not reply to us. We said, "O Allah's Apostle! We used to greet you in the past and you used to reply to us." He said, "Verily The Mind is occupied and busy with more important matter during the prayer." (So one cannot return One's greetings.)

Haritha was martyred on the day (of the battle) of Badr, and he was a young boy then. His mother came to the Prophet and said, "O Allah's Apostle! You know how dear Haritha is to me. If he is in Paradise, I shall remain patient, and hope for reward from Allah, but if it is not so, then you shall see what I do?" He said, "May Allah be merciful to you! Have you lost your senses? Do you think there is only one Paradise? There are many Paradises and your son is in the (most superior) Paradise of Al- Firdaus."

On the day of Al-Ahzab (i.e. Clans) the Prophet said, "None of you Muslims) should offer the `Asr prayer but at Banu Quraiza's place." The `Asr prayer became due for some of them on the way. Some of those said, "We will not offer it till we reach it, the place of Banu Quraiza," while some others said, "No, we will pray at this spot, for the Prophet did not mean that for us." Later on It was mentioned to the Prophet and he did not berate any of the two groups.

The Prophet said, "The people of Yemen have come to you and they are more gentle and soft-hearted. Belief is Yemenite and Wisdom is Yemenite, while pride and haughtiness are the qualities of the owners of camels (i.e. bedouins). Calmness and solemnity are the characters of the owners of sheep."

The Messenger of Allah (saws) gave license regarding the sale of 'araya when the amount was less then five wasqs or five wasqs. Dawud b. al-Husain was doubtful.

Abu Dawud said: The tradition by Jabir indicates up to four wasqs.

Abu Dawud said: The narrator Abu Salih made a mention of the narrator Ishaq, the client of Za'idah between him and Abu Hurairah. He said: The tradition of Mus'ab is weak. It contains many things that are not practised.

Abu Dawud said: This tradition has been narrated by al-Thawri (i.e. Sufyan) from Suhail, from his father on the authority of Abu Hurairah. This version has: until it (the bier) is placed on the ground. It has also been narrated by Abu Mu'wiyah from Suhail. This has: Until it is placed in the grave.

Abu Dawud said: Sufyan's version is more guarded than that of Abu Mu'awiyah.

Abu 'Ali said: I heard Abu Dawud say: I heard Ahmad b. Hanbal say: The narrator 'Isa b. Shadhan is a sane person.

The version of Ziyad adds: When Anas wished to supplicate, he uttered this supplication. When he uttered some other supplication, he combined it with this supplication.

Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (saws). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

Ikrimah said: A group of people from Iraq said: Ibn Abbas, what is your opinion about the verse in which we have been commanded whatever we have been commanded, but no one acts upon it? The word of Allah, Most High, reads: "O ye who believe! Let those whom your right hands possess, and the (children) among you, who have not come of age, ask your permission (before) they enter your presence on three occasions: before morning prayer, while you are undressing for the noonday heat, and after late-night prayer. These are your three times of undress; outside those times it is not wrong for you or for them to move about."

Al-Qa'nabi recited the verse up to "full of knowledge and wisdom".

Ibn Abbas said: Allah is Most Clement and Most Merciful to the believers. He loves concealment. The people had neither curtains nor curtained canopies in their houses. Sometimes a servant, a child or a female orphan of a man entered while the man was having sexual intercourse with his wife. So Allah commanded them to ask permission in those times of undress. Then Allah brought them curtains and all good things. But I did not see anyone following it after that.

Abu Dawud said: The tradition of 'Ubaid Allah and of 'Ata, weakens this tradition.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that a slave stole a small palm from a man's garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan ibn al-Hakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "The hand is not cut off for fruit or palm pith." The man said, "Marwan ibn al-Hakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah, may Allah bless him and grant him peace." So, Rafi went with him to Marwan ibn al-Hakam. He said, "Did you arrest a slave for this?" He said, "Yes." He said, "What will you do with him?" He said, "I want to cut off his hand." Rafi said to him, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The hand is not cut off for dates or palm pith.' Marwan therefore ordered the slave to be released."

I went to Abu Wail to ask him (about those who had rebelled against `Ali). On that Abu Wail said, "We were at Siffin (a city on the bank of the Euphrates, the place where me battle took place between `Ali and Muawiya) A man said, "Will you be on the side of those who are called to consult Allah's Book (to settle the dispute)?" `Ali said, 'Yes (I agree that we should settle the matter in the light of the Qur'an)." ' Some people objected to `Ali's agreement and wanted to fight. On that Sahl bin Hunaif said, 'Blame yourselves! I remember how, on the day of Al-Hudaibiya (i.e. the peace treaty between the Prophet and the Quraish pagans), if we had been allowed to choose fighting, we would have fought (the pagans). At that time `Umar came (to the Prophet) and said, "Aren't we on the right (path) and they (pagans) in the wrong? Won't our killed persons go to Paradise, and theirs in the Fire?" The Prophet replied, "Yes." `Umar further said, "Then why should we let our religion be degraded and return before Allah has settled the matter between us?" The Prophet said, "O the son of Al-Khattab! No doubt, I am Allah's Apostle and Allah will never neglect me." So `Umar left the place angrily and he was so impatient that he went to Abu Bakr and said, "O Abu Bakr! Aren't we on the right (path) and they (pagans) on the wrong?" Abu Bakr said, "O the son of Al-Khattab! He is Allah's Apostle, and Allah will never neglect him." Then Sura Al-Fath (The Victory) was revealed."

Abu Talha had a child who was sick. Once, while Abu Talha was out, the child died. When Abu Talha returned home, he asked, "How does my son fare?" Um Salaim (his wife) replied, "He is quieter than he has ever been." Then she brought supper for him and he took his supper and slept with her. When he had finished, she said (to him), "Bury the child (as he's dead)." Next morning Abu Talha came to Allah's Apostle and told him about that. The Prophet said (to him), "Did you sleep with your wife last night?" Abu Talha said, "Yes". The Prophet said, "O Allah! Bestow your blessing on them as regards that night of theirs." Um Sulaim gave birth to a boy. Abu Talha told me to take care of the child till it was taken to the Prophet. Then Abu Talha took the child to the Prophet and Um Sulaim sent some dates along with the child. The Prophet took the child (on his lap) and asked if there was something with him. The people replied, "Yes, a few dates." The Prophet took a date, chewed it, took some of it out of his mouth, put it into the child's mouth and did Tahnik for him with that, and named him 'Abdullah.

An Arab lady was mentioned to the Prophet so he asked Abu Usaid As-Sa`idi to send for her, and he sent for her and she came and stayed in the castle of Bani Sa`ida. The Prophet came out and went to her and entered upon her. Behold, it was a lady sitting with a drooping head. When the Prophet spoke to her, she said, "I seek refuge with Allah from you." He said, "I grant you refuge from me." They said to her, "Do you know who this is?" She said, "No." They said, "This is Allah's Apostle who has come to command your hand in marriage." She said, "I am very unlucky to lose this chance." Then the Prophet and his companions went towards the shed of Bani Sa`ida and sat there. Then he said, "Give us water, O Sahl!" So I took out this drinking bowl and gave them water in it. The sub-narrator added: Sahl took out for us that very drinking bowl and we all drank from it. Later on `Umar bin `Abdul `Aziz requested Sahl to give it to him as a present, and he gave it to him as a present.

The wife of the Prophet that she went to Allah's Apostle while he was in I`tikaf (staying in the mosque) during the last ten nights of the month of Ramadan. She spoke to him for an hour (a while) at night and then she got up to return home. The Prophet got up to accompany her, and when they reached the gate of the mosque opposite the dwelling place of Um Salama, the wife of the Prophet, two Ansari men passed by, and greeting Allah's Apostle , they quickly went ahead. Allah's Apostle said to them, "Do not be in a hurry She is Safiya, the daughter of Huyai." They said, "Subhan Allah! O Allah's Apostle (how dare we suspect you)." That was a great thing for both of them. The Prophet then said, "Satan runs in the body of Adam's son (i.e. man) as his blood circulates in it, and I was afraid that he (Satan) might insert an evil thought in your hearts."

That he fought in a Ghazwa towards Najd along with Allah's Apostle and when Allah's Apostle returned, he too, returned along with him. The time of the afternoon nap overtook them when they were in a valley full of thorny trees. Allah's Apostle dismounted and the people dispersed amongst the thorny trees, seeking the shade of the trees. Allah's Apostle took shelter under a Samura tree and hung his sword on it. We slept for a while when Allah's Apostle suddenly called us, and we went to him, to find a bedouin sitting with him. Allah's Apostle said, "This (bedouin) took my sword out of its sheath while I was asleep. When I woke up, the naked sword was in his hand and he said to me, 'Who can save you from me?, I replied, 'Allah.' Now here he is sitting." Allah's Apostle did not punish him (for that).

Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."

Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.

Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."

Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."

Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."

Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.

Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."

Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah ibn az-Zubayr used to say, "Know that the whole of Arafa is a standing-place except for the middle of Urana, and that the wholeof Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat 197).

He added, "Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (Sura 2 ayat 197). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the mashar al-haram at Quzah in Muzdalifa, while the Arabs and others would stand at Arafa, and they would argue about who was the more correct. Allah, the Blessed and Exalted, says, 'And we appointed a method of sacrifice for every nation, which they followed, so let them not dispute with you about the matter, and call to your Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This is what jidal refers to in our opinion, and Allah knows best. This I have heard from the people of knowledge."

In the lifetime of Allah's Apostle (p.b.u.h) the sun eclipsed, so he led the people in prayer, and stood up and performed a long Qiyam, then bowed for a long while. He stood up again and performed a long Qiyam but this time the period of standing was shorter than the first. He bowed again for a long time but shorter than the first one, then he prostrated and prolonged the prostration. He did the same in the second rak`a as he did in the first and then finished the prayer; by then the sun (eclipse) had cleared. He delivered the Khutba (sermon) and after praising and glorifying Allah he said, "The sun and the moon are two signs against the signs of Allah; they do not eclipse on the death or life of anyone. So when you see the eclipse, remember Allah and say Takbir, pray and give Sadaqa." The Prophet then said, "O followers of Muhammad! By Allah! There is none who has more ghaira (selfrespect) than Allah as He has forbidden that His slaves, male or female commit adultery (illegal sexual intercourse). O followers of Muhammad! By Allah! If you knew that which I know you would laugh little and weep much.

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

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

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

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

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

I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

That the Messenger of Allah (saws) said: "Any skin tanned, then it has been made pure."

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge, they say that when the skin of a dead animal has been tanned then it has been made pure.

[Abu 'Eisa said:] Ash-Shafi'i said: "Any dead animals skin that is tanned, then it has been made pure, except for the dog and the pig." Some of the people of knowledge among the Companions of the Prophet (saws) disliked skins of predators even when tanned, and this is the view of 'Abdullah bin Al-Mubarak, Ahmad and Ishaq, and they were firm about not wearing them and performing Salat in them. Ishaq bin Ibrahim said: "The saying of the Prophet (saws):'Any skin that is tanned, then it has been made pure' only refers to the skins of animals whose meat is eaten." This is how it was explained by An-Nasr bin Shumail.

Ibn `Umar said, "I went to Hafsa while water was dribbling from her twined braids. I said, 'The condition of the people is as you see, and no authority has been given to me.' Hafsa said, (to me), 'Go to them, and as they (i.e. the people) are waiting for you, and I am afraid your absence from them will produce division amongst them.' " So Hafsa did not leave Ibn `Umar till we went to them. When the people differed. Muawiya addressed the people saying, "'If anybody wants to say anything in this matter of the Caliphate, he should show up and not conceal himself, for we are more rightful to be a Caliph than he and his father." On that, Habib bin Masalama said (to Ibn `Umar), "Why don't you reply to him (i.e. Muawiya)?" `Abdullah bin `Umar said, "I untied my garment that was going round my back and legs while I was sitting and was about to say, 'He who fought against you and against your father for the sake of Islam, is more rightful to be a Caliph,' but I was afraid that my statement might produce differences amongst the people and cause bloodshed, and my statement might be interpreted not as I intended. (So I kept quiet) remembering what Allah has prepared in the Gardens of Paradise (for those who are patient and prefer the Hereafter to this worldly life)." Habib said, "You did what kept you safe and secure (i.e. you were wise in doing so).

Abu Dawud said: The narrator ‘Abd al-Razzaq said; You pronounce IQAMAH for announcing the prayer; you must say twice: the time for prayer has come, the time for prayer has come. (The Prophet said to Abu Mahdhurah): did you listen (to me)? Abu Mahdhurah would not have the hair of his forehead cut, nor would he separate them (from him) because the Prophet (may peace be upon him) wiped over them.

Abu Dawud said: Malik, al-Zubaidi and others have narrated so that they form the last words from al-Zuhri on the authority of ‘Ali b, Husain. And this is supported by the version reported by ‘Abd al-A’la from Ma’mar and SHu’aib b. Abi Hamzah on the authority of Al-Zuhri.

The Apostle of Allaah ( sal Allaahu alayhi wa sallam ) said : The rinsing of mouth and snuffing up water in the nose are acts that bear the characteristics of fitrah (nature). He then narrated a similar tradition (as reported by Aishah), but he did not mention the words "letting the beard grow". He added the words "circumcision" and "sprinkling water on the private part of the body". He did not mention the words "cleansing oneself after easing".

Abu Dawud said : A similar tradition has been reported on the authority of Ibn 'Abbas. He mentioned only five sunnahs all relating to the head, one of them being parting of the hair; it did not include wearing the beard.

Abu Dawud said: The tradition as reported by Hammad has also been transmitted by Talq b. Habib , Mujahid, and Bakr b. 'Abd Allaah b. al-Muzani as their own statement ( not as a tradition from the Prophet, sal Allaahu alayhi wa sallam ).They did not mention the words "letting the beard grow". The version transmitted by Muhammad b. Abd Allaah b. Abi Maryam, Abu Salamah, and Abu Hurairah from the Prophet ( sal Allaahu alayhi wa sallam ) mentions the words "letting the beard grow". A similar tradition has been reported by Ibrahim al-Nakha'i. He mentioned the words "wearing the beard and circumcision."

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 ...

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on ...

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime ...