When it was the day of (the battle of) Hunain, I saw a Muslim man fighting with one of the pagans and another pagan was hiding himself behind the Muslim in order to kill him. So I hurried towards the pagan who was hiding behind the Muslim to kill him, and he raised his hand to hit me but I hit his hand and cut it off. That man got hold of me and pressed me so hard that I was afraid (that I would die), then he knelt down and his grip became loose and I pushed him and killed him. The Muslims (excepting the Prophet and some of his companions) started fleeing and I too, fled with them. Suddenly I met `Umar bin Al-Khattab amongst the people and I asked him, "What is wrong with the people?" He said, "It is the order of Allah" Then the people returned to Allah's Apostle (after defeating the enemy). Allah's Apostle said, "Whoever produces a proof that he has killed an infidel, will have the spoils of the killed man." So I got up to look for an evidence to prove that I had killed an infidel, but I could not find anyone to bear witness for me, so I sat down. Then it came to my mind (that I should speak of it) and I mentioned the case to Allah's Apostle. A man from the persons who were sitting with him (i.e. the Prophet), said, "The arms of the deceased one whom he ( i.e. Abu Qatada) has mentioned, are with me, so please compensate him for it (i.e. the spoils)," Abu Bakr said, "No, Allah's Apostle will not give it (i.e. the spoils) to a weak humble person from Quraish and leave one of Allah's Lions who fights on behalf of Allah and His Apostle." Allah's Apostle then got up and gave that (spoils) to me, and I bought with it, a garden which was the first property I got after embracing Islam.

In the Pre-lslamic Period when the people assumed Ihram, they would enter their houses from the back. So Allah revealed:-- "And it is not righteousness that you enter houses from the back, but the righteous man is he who fears Allah, obeys His Orders and keeps away from what He has forbidden. So enter houses through their doors." (2.189)

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."

The Prophet said, "There is none having a greater sense of Ghira than Allah, and for that reason He has forbidden shameful deeds and sins (illegal sexual intercourse etc.) And there is none who likes to be praised more than Allah does." (See Hadith No. 147, Vol. 7)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Someone who does not stand at Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and someone who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj."

Along with the Messenger of Allah (saws) we besieged the palace of at-Ta'if. The narrator, Mutadh, said: I heard my father (sometimes) say: "Palace of at-Ta'if," and (sometimes) "Fort of at-Ta'if," which are the same.

I heard the Messenger of Allah (saws) say: he who causes an arrow to hit its mark in Allah's cause will have it counted as a degree for him (in Paradise). He then transmitted the rest of the tradition.

I heard the Messenger of Allah (saws) say: If a Muslim man emancipates a Muslim man, Allah, the Exalted, will make every bone of his protection for every bone of his emancipator from Hell; and if a Muslim woman emancipates a Muslim woman, Allah will make every bone of hers protection for every bone of her emancipator from Hell on the Day of Resurrection.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

`Ali addressed us while he was standing on a brick pulpit and carrying a sword from which was hanging a scroll He said "By Allah, we have no book to read except Allah's Book and whatever is on this scroll," And then he unrolled it, and behold, in it was written what sort of camels were to be given as blood money, and there was also written in it: 'Medina is a sanctuary form 'Air (mountain) to such and such place so whoever innovates in it an heresy or commits a sin therein, he will incur the curse of Allah, the angels, and all the people and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'The asylum (pledge of protection) granted by any Muslims is one and the same, (even a Muslim of the lowest status is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'Whoever (freed slave) befriends (takes as masters) other than his real masters (manumitters) without their permission will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds. ' (See Hadith No. 94, Vol. 3)

" We were accompanying a funeral procession in Baqi-I-Gharqad. The Prophet came to us and sat and we sat around him. He had a small stick in his hand then he bent his head and started scraping the ground with it. He then said, "There is none among you, and not a created soul, but has place either in Paradise or in Hell assigned for him and it is also determined for him whether he will be among the blessed or wretched." A man said, "O Allah's Apostle! Should we not depend on what has been written for us and leave the deeds as whoever amongst us is blessed will do the deeds of a blessed person and whoever amongst us will be wretched, will do the deeds of a wretched person?" The Prophet said, "The good deeds are made easy for the blessed, and bad deeds are made easy for the wretched." Then he recited the Verses:-- "As for him who gives (in charity) and is Allah-fearing And believes in the Best reward from Allah. " (92.5-6)

Yazid al-Farisi said: I heard Ibn Abbas say: I asked Uthman ibn Affan: What moved you to put the (Surah) al-Bara'ah which belongs to the mi'in (surahs) (containing one hundred verses) and the (Surah) al-Anfal which belongs to the mathani (Surahs) in the category of as-sab'u at-tiwal (the first long surah or chapters of the Qur'an), and you did not write "In the name of Allah, the Compassionate, the Merciful" between them?

Uthman replied: When the verses of the Qur'an were revealed to the Prophet (saws), he called someone to write them down for him and said to him: Put this verse in the surah in which such and such has been mentioned; and when one or two verses were revealed, he used to say similarly (regarding them). (Surah) al-Anfal is the first surah that was revealed at Medina, and (Surah) al-Bara'ah was revealed last in the Qur'an, and its contents were similar to those of al-Anfal. I, therefore, thought that it was a part of al-Anfal. Hence I put them in the category of as-sab'u at-tiwal (the seven lengthy surahs), and I did not write "In the name of Allah, the Compassionate, the Merciful" between them.

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which ...

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire."

The people differed about the type of treatment which had been given to Allah's Apostle on the day (of the battle) of Uhud. So they asked Sahl bin Sa`d As-Sa`id who was the only surviving Companion (of the Prophet) at Medina. He replied, "Nobody Is left at Medina who knows it better than I. Fatima was washing the blood off his face and `Ali was bringing water in his shield, and then a mat of datepalm leaves was burnt and (the ash) was inserted into the wound."

It was said to `Umar, "Will you appoint your successor?" `Umar said, "If I appoint a Caliph (as my successor) it is true that somebody who was better than I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that somebody who was better than I (i.e., Allah's Apostle) did so." On this, the people praised him. `Umar said, "People are of two kinds: Either one who is keen to take over the Caliphate or one who is afraid of assuming such a responsibility. I wish I could be free from its responsibility in that I would receive neither reward nor retribution I won't bear the burden of the caliphate in my death as I do in my life."

Yahya related to me from Malik that Ziyad ibn Abi Ziyad said that Abu'd-Darda had said, "Shall I not tell you the best of your deeds, and those that give you the highest rank, and those that are the purest with your King, and are better for you than giving gold and silver, and better for you than meeting your enemy and striking their necks?" They said, "Of course." He said, "Remembrance (dhikr) of Allah ta ala."

In the lifetime of the Prophet we used to give one Sa' of food or one Sa' of dates or one Sa' of barley or one Sa' of Raisins (dried grapes) as Sadaqat-ul-Fitr. And when Muawiya became the Caliph and the wheat was (available in abundance) he said, "I think (observe) that one Mudd (of wheat) equals two Mudds (of any of the above mentioned things).

The Messenger of Allah (saws) used to make supplication during the prayer saying: "O Allah, I seek refuge in Thee from the punishment of the grave; I seek refuge in Thee from the trial of the Antichrist; I seek refuge in Thee from the trial of life and the trial of death; O Allah, I seek refuge in Thee from sin and debt." Someone said to him: How often you seek refuge from debt! He replied: When a man is in debt, he talks and tells lies, makes promises and breaks them.

The Prophet said, "O Bani `Abd Munaf! Buy yourselves from Allah; O Bani `Abdul-Muttalib! Buy yourselves from Allah; O mother of Az-Zubair bin Al-Awwam, the aunt of Allah's Apostle, and O Fatima bint Muhammad! Buy yourselves from Allah, for I cannot defend you before Allah. You (both) can ask me from my property as much as you like. "

The Messenger of Allah (saws) performed four 'Umrahs all in Dhu al-Qa'dah except the one which he performed along with Hajj.

Abu Dawud said: From here the narrator Hudbah (b. Khalid) became certain. I heard it from Abu al-Walid , but I did nor retain: An 'Umrah, during the treaty of al-Hudaibiyyah, or from al-Hudaibiyyah ; and 'Umrat al-Qada' in Dhu al-Qa'dah, and an 'Umrah from al-Ji'ranah where he (the Prophet) distributed the booty of Hunain in Dhu al-Qa'dah, and an 'Umrah along with his Hajj.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, made the zakat of breaking the fast at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female, and stipulated it as a sa' of dates or a sa' of barley.

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she- camel behind the house,'' soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.

"He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."

Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Yahya related to me from Malik from Yahya ibn Said from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, stood up in the night and looked at the horizon of the sky. He said, "What treasures has the night opened? What trials have occurred? How many are dressed in this world and will be naked on the Day of Rising. Warn the women in their rooms."

The Prophet said, "My Lake-Fount is (so large that it takes) a month's journey to cross it. Its water is whiter than milk, and its smell is nicer than musk (a kind of Perfume), and its drinking cups are (as numerous) as the (number of) stars of the sky; and whoever drinks from it, will never be thirsty."

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available ...

The Messenger of Allah (saws) said: If you gain a victory over the men of Jews, kill them. So Muhayyisah jumped over Shubaybah, a man of the Jewish merchants. He had close relations with them. He then killed him. At that time Huwayyisah (brother of Muhayyisah) had not embraced Islam. He was older than Muhayyisah. When he killed him, Huwayyisah beat him and said: O enemy of Allah, I swear by Allah, you have a good deal of fat in your belly from his property.

The Prophet (saws) said: That I sit in the company of the people who remember Allah the Exalted from morning prayer till the sun rises is dearer to me than that I emancipate four slaves from the children of Isma`il, and that I sit with the people who remember Allah from afternoon prayer till the sun sets is dearer to me than that I emancipate four slaves.

While we were sitting with the Prophet who had a stick with which he was scraping the earth, he lowered his head and said, "There is none of you but has his place assigned either in the Fire or in Paradise." Thereupon a man from the people said, "Shall we not depend upon this, O Allah's Apostle?" The Prophet said, "No, but carry on and do your deeds, for everybody finds it easy to do such deeds (as will lead him to his place)." The Prophet then recited the Verse: 'As for him who gives (in charity) and keeps his duty to Allah..' (92.5)

Ibn `Umar said, "Allah's Apostle said, 'If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.' " (Aiyub, a sub-narrator is not sure whether the saying " ... otherwise he will be partially manumitted" was said by Nafi` or the Prophet.)

The Prophet said, "A strong demon from the Jinns came to me yesterday suddenly, so as to spoil my prayer, but Allah enabled me to overpower him, and so I caught him and intended to tie him to one of the pillars of the Mosque so that all of you might see him, but I remembered the invocation of my brother Solomon: 'And grant me a kingdom such as shall not belong to any other after me.' (38.35) so I let him go cursed."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. ...

Husayn ibn al-Harith al-Jadli from the tribe of Jadilah Qays said: The governor of Mecca delivered a speech and said: The Messenger of Allah (saws) took a pledge from us that we should perform the rites of hajj after sighting the moon. If we do not sight it and two reliable persons bear witness, we should perform the rites of hajj on the basis of their witness.

I then asked al-Husayn ibn al-Harith: Who was the governor of Mecca? He replied: I do not know. He then met me later on and told me: He was al-Harith ibn Hatib, brother of Muhammad ibn Hatib. The governor then said: There is among you a man who is more acquainted with Allah and His Apostle than I. He witnessed this from the Messenger of Allah (saws). He then pointed with his hand to a man. Al-Husayn said: I asked an old man beside me: Who is that man to whom the governor has alluded?

He said: "This is Abdullah ibn Umar, and he spoke the truth. He was more acquainted with Allah than he. He (Abdullah ibn Umar) said: For this is what the Messenger of Allah (saws) commanded us (to do).