When the Divine Revelation: "For those who can fast, they had a choice either fast, or feed a poor for every day," (2.184) was revealed, it was permissible for one to give a ransom and give up fasting, till the Verse succeeding it was revealed and abrogated it.

Abu Dawud said : By Abu Ghassan is meant Muhammad b. mutarrif.

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

(mother of the believers) After the death of Allah 's Apostle Fatima the daughter of Allah's Apostle asked Abu Bakr As-Siddiq to give her, her share of inheritance from what Allah's Apostle had left of the Fai (i.e. booty gained without fighting) which Allah had given him. Abu Bakr said to her, "Allah's Apostle said, 'Our property will not be inherited, whatever we (i.e. prophets) leave is Sadaqa (to be used for charity)." Fatima, the daughter of Allah's Apostle got angry and stopped speaking to Abu Bakr, and continued assuming that attitude till she died. Fatima remained alive for six months after the death of Allah's Apostle. She used to ask Abu Bakr for her share from the property of Allah's Apostle which he left at Khaibar, and Fadak, and his property at Medina (devoted for charity). Abu Bakr refused to give her that property and said, "I will not leave anything Allah's Apostle used to do, because I am afraid that if I left something from the Prophet's tradition, then I would go astray." (Later on) `Umar gave the Prophet's property (of Sadaqa) at Medina to `Ali and `Abbas, but he withheld the properties of Khaibar and Fadak in his custody and said, "These two properties are the Sadaqa which Allah's Apostle used to use for his expenditures and urgent needs. Now their management is to be entrusted to the ruler." (Az-Zuhri said, "They have been managed in this way till today.")

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with ...

Yahya related to me from Malik that he heard Rabia ibn Abi Abd ar-Rahman say, ''I heard that the wife of Abd ar-Rahman ibn Awf asked him to divorce her. He said, 'When you have menstruated and are pure, then come to me.' She did not menstruate until Abd ar-Rahman ibn Awf was ill. When she was purified, she told him and he divorced her irrevocably or made a pronouncement of divorce which was all that he had left over her Abd arRahman ibn Awf was terminally ill at the time, so Uthman ibn Affan made her one of the heirs after the end of her idda."

Abu Zur'a reported that three persons amongst Muslims had been sitting in Medina in the presence of Marwan b. Hakam and they heard him narrate these signs from him and the first amongst them was the appearance of the Dajjal. 'Abdullah b. 'Amr reported that Marwin said nothing (particular in this connection). I, however, heard a hadith from Allah's Messenger (may peace be upon him) and I did not forget that after I had heard that from Allah's Apostle (may peace be upon him) and he reported a hadith like the foregoing.

`Abdullah (bin Mas`ud) was mentioned before `Abdullah bin `Amr. The latter said, "That is a man I continue to love because I heard Allah's Apostle saying, ' Learn the recitation of the Qur'an from (any of these) four persons: `Abdullah bin Masud, Salim the freed slave of Abu Hudhaifa, Ubai bin Ka`b, and Mu`adh bin Jabal." I do not remember whether he mentioned Ubai first or Mu`adh.

`Ata' said, "Ibn `Abbas said, 'If he (i.e. the one intending to perform `Umra) has performed the Tawaf around the Ka`ba, his Ihram is considered to have finished.' said, 'What proof does Ibn `Abbas has as to this saying?" `Ata' said, "(The proof is taken) from the Statement of Allah:-- "And afterwards they are brought For sacrifice unto Ancient House (Ka`ba at Mecca)" (22.33) and from the order of the Prophet to his companions to finish their Ihram during Hajjat-ul-Wada`." I said (to `Ata'), "That (i.e. finishing the Ihram) was after coming form `Arafat." `Ata' said, "Ibn `Abbas used to allow it before going to `Arafat (after finishing the `Umra) and after coming from it (i.e. after performing the Hajj).

The Messenger of Allah (saws) prescribed the sadaqah (alms) relating to the breaking of the fast as a purification of the fasting from empty and obscene talk and as food for the poor. If anyone pays it before the prayer (of 'Id), it will be accepted as zakat. If anyone pays it after the prayer, that will be a sadaqah like other sadaqahs (alms).

Abu Sa`id bin Malik Al-Khudri returned from a journey and his family offered him some meat of sacrifices offered at `Id ul Adha. On that he said, "I will not eat it before asking (whether it is allowed)." He went to his maternal brother, Qatada bin N i 'man, who was one of the Badr warriors, and asked him about it. Qatada said, "After your departure, an order was issued by the Prophet cancelling the prohibition of eating sacrifices after three days."

On the day of Al-Khandaq (the trench), `Umar bin Al-Khattab went to the Prophet and said, "O Allah's Apostle! By Allah, I could not pray (the `Asr) till the sun had set." `Umar told this to the Prophet at the time when a fasting person had done Iftar (taken his meals). The Prophet then went to Buthan and I was with him. He performed ablution and offered the `Asr prayer after the sun had set and then the Maghrib prayer.

`Umar bin Al-Khattab came on the day of Al-Khandaq after the sun had set and he was abusing the infidels of Quraish saying, "O Allah's Apostle! I was unable to offer the (`Asr) prayer till the sun was about to set." The Prophet said, "By Allah, I have not offered this (i.e. `Asr) prayer." So we came down along with the Prophet to Buthan where he performed ablution for the prayer and then we performed the ablution for it. Then he offered the `Asr prayer after the sun had set, and after it he offered the Maghrib prayer.

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

The Prophet did not do that (i.e., forbade the storage of the meat of sacrifices for three days) except (he did so) so that the rich would feed the poor. But later we used to keep even trotters to cook, fifteen days later. The family of Muhammad did not eat wheat bread with meat or soup to their satisfaction for three successive days.

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

Allah's Apostle used to pray two light rak`at before the morning (compulsory) prayer after the day dawned and the Mu'adh-dhin had finished his Adhan. He then would lie on his right side till the Mu'adh-dhin came to pronounce the Iqama.

The Prophet recited Surat An-Najam and prostrated, and there was nobody who did not prostrate then except a man whom I saw taking a handful of pebbles, lifting it, and prostrating on it. He then said, "This is sufficient for me." No doubt I saw him killed as a disbeliever afterwards.

The first Friday (i.e. Jumua) prayer offered after the Friday Prayer offered at the Mosque of Allah's Apostle was offered at the mosque of `Abdul Qais situated at Jawathi, that is a village at Al Bahrain .

AbulJuwayriyyah al-Jarmi said: I found a red pitcher containing dinars in Byzantine territory during the reign of Mu'awiyah. A man from the Companions of the Prophet (saws) belonging to Banu Sulaym was our ruler. He was called Ma'an ibn Yazid. I brought it to him. He apportioned it among the Muslims. He gave me the same portion which he gave to one of them. He then said: Had I not heard the Messenger of Allah (saws) say: There is no reward except after taking the fifth (from the booty), I would have given you (the reward). He then presented his own share to me, but I refused.

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

Abu Bakr married a woman from the tribe of Bani Kalb, called Um Bakr. When Abu Bakr migrated to Medina, he divorced her and she was married by her cousin, the poet who said the following poem lamenting the infidels of Quraish: "What is there kept in the well, The well of Badr, (The owners of) the trays of Roasted camel humps? What is there kept in the well, The well of Badr, (The owners of) lady singers And friends of the honorable companions; who used to drink (wine) together, Um Bakr greets us With the greeting of peace, But can I find peace After my people have gone? The Apostle tells us that We shall live again, But what sort of life will owls and skulls live?:

`Ali bin Abu Talib came out of the house of Allah's Apostle during his fatal illness. The people asked, "O Abu Hasan (i.e. `Ali)! How is the health of Allah's Apostle this morning?" `Ali replied, "He has recovered with the Grace of Allah." `Abbas bin `Abdul Muttalib held him by the hand and said to him, "In three days you, by Allah, will be ruled (by somebody else ), And by Allah, I feel that Allah's Apostle will die from this ailment of his, for I know how the faces of the offspring of `Abdul Muttalib look at the time of their death. So let us go to Allah's Apostle and ask him who will take over the Caliphate. If it is given to us we will know as to it, and if it is given to somebody else, we will inform him so that he may tell the new ruler to take care of us." `Ali said, "By Allah, if we asked Allah's Apostle for it (i.e. the Caliphate) and he denied it us, the people will never give it to us after that. And by Allah, I will not ask Allah's Apostle for it."

Rifa`a Al-Qurazi divorced his wife irrevocably (i.e. that divorce was the final). Later on `Abdur- Rahman bin Az-Zubair married her after him. She came to the Prophet and said, "O Allah's Apostle! I was Rifa`a's wife and he divorced me thrice, and then I was married to `Abdur-Rahman bin AzZubair, who, by Allah has nothing with him except something like this fringe, O Allah's Apostle," showing a fringe she had taken from her covering sheet. Abu Bakr was sitting with the Prophet while Khalid Ibn Sa`id bin Al-As was sitting at the gate of the room waiting for admission. Khalid started calling Abu Bakr, "O Abu Bakr! Why don't you reprove this lady from what she is openly saying before Allah's Apostle?" Allah's Apostle did nothing except smiling, and then said (to the lady), "Perhaps you want to go back to Rifa`a? No, (it is not possible), unless and until you enjoy the sexual relation with him (`Abdur Rahman), and he enjoys the sexual relation with you."

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet, that he said, "O Allah's Apostle! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle said, "Do not kill him." Al- Miqdad said, "But O Allah's Apostle! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, forbade that the meat from sacrificial animals be eaten after three days. Then later he said, "Eat, give sadaqa, provide for yourselves and store up."

To proceed, the Messenger of Allah (saws) said: Anyone who associates with a polytheist and lives with him is like him.

that Aflah the brother of Abu Al-Qu'ais, her foster uncle, came, asking permission to enter upon her after the Verse of Al-Hijab (the use of veils by women) was revealed. `Aisha added: I did not allow him to enter, but when Allah's Apostle came, I told him what I had done, and he ordered me to give him permission.

When the Prophet went to bed at night, he would put his hand under his cheek and then say, "Allahumma bismika amutu wa ahya," and when he got up, he would say, "Al-Hamdu lil-lahi al-ladhi ahyana ba'da ma amatana, wa ilaihi an-nushur."