Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."

Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."

Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."

Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."

Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

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

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

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

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

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

Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.

If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."

I heard Allah's Apostle saying, "Yemen will be conquered and some people will migrate (from Medina) and will urge their families, and those who will obey them to migrate (to Yemen) although Medina will be better for them; if they but knew. Sham will also be conquered and some people will migrate (from Medina) and will urge their families and those who will obey them, to migrate (to Sham) although Medina will be better for them; if they but knew. 'Iraq will be conquered and some people will migrate (from Medina) and will urge their families and those who will obey them to migrate (to 'Iraq) although Medina will be better for them; if they but knew."

Once I gave a horse in Allah's Cause (in charity) but that person did not take care of it. I intended to buy it, as I thought he would sell it at a low price. So, I asked the Prophet (p.b.u.h) about it. He said, "Neither buy, nor take back your alms which you have given, even if the seller were willing to sell it for one Dirham, for he who takes back his alms is like the one who swallows his own vomit."

Moosa bin Wardan narrated from Sa`eed bin al-Musayyab from ‘Uthman bin `Affan (رضي الله عنه)... and he mentioned a similar report.

The Prophet (saws) said, "No prayer is heavier upon the hypocrites than the Fajr and the `Isha' prayers and if they knew what is in them (in reward), they would have attended them, even if (it was) crawling. Certainly, I felt the urge to order the Mu'adh-dhin (call-maker) so that he would pronounce Iqama, then order a man to lead the people (in prayer), then take a flame of fire so that I burn (the houses) upon those who had not left for the prayer yet."

We did not, write anything from the Prophet except the Qur'an and what is written in this paper, (wherein) the Prophet said, "Medina is a sanctuary from (the mountain of) Air to so and-so, therefore, whoever innovates (in it) an heresy or commits a sin, or gives shelter to such an innovator, will incur the Curse of Allah. the angels and all the people; and none of his compulsory or optional good deeds of worship will be accepted And the asylum granted by any Muslim Is to be secured by all the Muslims even if it is granted by one of the lowest social status among them. And whoever betrays a Muslim in this respect will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted. And any freed slave will take as masters (befriends) people other than his own real masters who freed him without taking the permission of the latter, will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted."

I heard Ka`b bin Malik at the time he remained behind and did not join (the battle of) Tabuk, saying, "By Allah, no blessing has Allah bestowed upon me, besides my guidance to Islam, better than that of helping me speak the truth to Allah's Apostle otherwise I would have told the Prophet a lie and would have been ruined like those who had told a lie when the Divine Inspiration was revealed:-- "They will swear by Allah to you (Muslims) when you return to them.. the rebellious people." (9.95-96)

Allah's Apostle said," Whoever says: "La ilaha illal-lah wahdahu la sharika lahu, lahu-l-mulk wa lahul- hamd wa huwa 'ala kulli shai'in qadir," one hundred times will get the same reward as given for manumitting ten slaves; and one hundred good deeds will be written in his accounts, and one hundred sins will be deducted from his accounts, and it (his saying) will be a shield for him from Satan on that day till night, and nobody will be able to do a better deed except the one who does more than he."

The Prophet said, "Time has come back to its original state which it had when Allah created the Heavens and the Earth, the year is twelve months, of which four are sacred; (and out of these four) three are in succession, namely, Dhul-Qa'da, Dhul-Hijja and Muharram, and (the fourth one) Rajab Mudar which is between Jumad (Ath-Tham) and Sha'ban." The Prophet then asked us, "Which month is this?" We said, "Allah and His Apostle know (it) better." He kept quiet so long that we thought he might call it by another name. Then he said, "Isn't it Dhul-Hijja?" We said, "Yes." He asked "What town is this?" We said, "Allah and His Apostle know (it) better.' Then he kept quiet so long that we thought he might call it by another name. He then said, "Isn't it the (forbidden) town (Mecca)?" We said, "Yes." He asked, "What is the day today?" We said, "Allah and His Apostle know (it) better. Then he kept quiet so long that we thought that he might call it by another name. Then he said, "Isn't it the Day of An-Nahr (slaughtering of sacrifices)?" We said, "Yes." Then he said, "Your blood (lives), your properties," (the sub narrator Muhammad, said: I think he also said): "..and your honor) are as sacred to one another like the sanctity of this Day of yours, in this town of yours, in this month of yours. You shall meet your Lord and He will ask you about your deeds. Beware! Don't go astray after me by striking the necks of one another. Lo! It is incumbent upon those who are present to inform it to those who are absent for perhaps the informed one might comprehend it (understand it) better than some of the present audience." Whenever the sub-narrator Muhammad mentioned that statement, he would say, "The Prophet said the truth.") And then the Prophet added, "No doubt! Haven't I conveyed Allah's Message to you! No doubt! Haven't I conveyed Allah's Message to you?"

A meal was brought to `Abdur-Rahman bin `Auf while he was fasting. He said, "Mus`ab bin `Umar was martyred, and he was better than I, yet he was shrouded in a Burda (i.e. a sheet) so that, if his head was covered, his feet became naked, and if his feet were covered, his head became naked." `Abdur-Rahman added, "Hamza was martyred and he was better than 1. Then worldly wealth was bestowed upon us and we were given thereof too much. We are afraid that the reward of our deeds have been given to us in this life." `Abdur-Rahman then started weeping so much that he left the food.

Allah's Apostle said, "Tomorrow I will give the flag to a man with whose leadership Allah will grant (the Muslim) victory." So the people kept on thinking the whole night as to who would be given the flag. The next morning the people went to Allah's Apostle and every one of them hoped that he would be given the flag. The Prophet said, "Where is `Ali bin Abi Talib?" The people replied, "He is suffering from eye trouble, O Allah's Apostle." He said, "Send for him and bring him to me." So when `Ali came, the Prophet spat in his eyes and invoked good on him, and be became alright as if he had no ailment. The Prophet then gave him the flag. `Ali said, "O Allah's Apostle! Shall I fight them (i.e. enemy) till they become like us?" The Prophet said, "Proceed to them steadily till you approach near to them and then invite them to Islam and inform them of their duties towards Allah which Islam prescribes for them, for by Allah, if one man is guided on the right path (i.e. converted to Islam) through you, it would be better for you than (a great number of) red camels."

The Prophet (p.b.u.h) said, "The first thing that we should do on this day of ours is to pray and then return to slaughter the sacrifice. So anyone who does so, he acted according to our Sunna (tradition), and whoever slaughtered the sacrifice before the prayer, it was just meat which he presented to his family and would not be considered as Nusuk." A person from the Ansar named Abu Burda bin Niyyar said, "O Allah's Apostle! I slaughtered the Nusuk (before the prayer) but I have a young shegoat which is better than an older sheep." The Prophet I said, "Sacrifice it in lieu of the first, but it will be not sufficient (as a sacrifice) for anybody else after you."

Malik related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Said al-Khudri that some people of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to them. Then they asked him again, and he gave to them until he used up what he had. Then he said, "What wealth I have, I will not hoard from you. Whoever has forbearance, Allah will help him. Whoever tries to be independent, Allah will enrich him. Whoever tries to be patient, Allah will give him patience, and no one is given a better or vaster gift than patience."

That the Messenger of Allah (saws) said: "To go out in the cause of Allah in the morning, or the afternoon, is better than the world and what is in it. And the space that a bow of one of you - or the space that his hand - would occupy in Paradise is better than the world and what is in it. And if a woman among the women inhabiting Paradise were to appear to the people of the earth, then she would illuminate what is between the ( the heavens and the earth), and a pleasant scent would fill up what is between them, and the scarf on her head is better than the world and what is in it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin `Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

A man came to Allah's Apostle and said, "O Allah's Apostle! I am ruined!" The Prophet said, "Waihaka (May Allah be merciful to you) !" The man said, "I have done sexual intercourse with my wife while fasting in Ramadan." The Prophet said, "Manumit a slave." The man said, " I cannot afford that. " The Prophet said; "Then fast for two successive months." The man said, " I have no power to do so." The Prophet said, "Then feed sixty poor persons." The man said, "I have nothing (to feed sixty persons). Later a basket full of dates were brought to the Prophet and he said (to the man), "Take it and give it in charity." The man said, "O Allah's Apostle! Shall I give it to people other than my family? By Him in Whose Hand my life is, there is nobody poorer than me in the whole city of Medina." The Prophet smiled till his premolar teeth became visible, and said, "Take it." Az-Zuhri said (that the Prophet said). "Wailaka."

Umar bin Khattab got some land in Khaibar and he went to the Prophet to consult him about it saying, "O Allah's Apostle I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."

That he used to give his verdict regarding the male or female slaves owned by more than one master, one of whom may manumit his share of the slave. Ibn `Umar used to say in such a case, "The manumitted should manumit the slave completely if he has sufficient money to pay the rest of the price of that slave (which is to be justly estimated) and the other shareholders are to take the price of their shares and the slave is freed (released from slavery)." Ibn `Umar narrated this verdict from the Prophet.

Once on a rainy muddy day, Ibn `Abbas delivered a sermon in our presence and when the Mu'adhdhin pronounced the Adhan and said, "Haiyi `ala-s-sala(t) (come for the prayer)" Ibn `Abbas ordered him to say 'Pray at your homes.' The people began to look at each other (surprisingly). Ibn `Abbas said. "It was done by one who was much better than I (i.e. the Prophet or his Mu'adh-dhin), and it is a license.'

Yahya said that Malik spoke about a man who made a qirad loan to a man and he bought wares with it and transported them to a commercial centre. It was not profitable to sell them and the agent feared a loss if he sold them, so he hired transport to take them to another city, and he sold them there and made a loss, and the cost of the hire was greater than the principal.

Malik said, "If the agent can pay the cost of the hire from what the capital realized, his way is that. Whatever portion of the hire is not covered by the principal, the agent must pay it. The investor is not answerable for any of it. That is because the investor only ordered him to trade with the principal. The investor is not answerable for other than the principal. Had the investor been liable, it would have been an additional loss to him on top of the principal which he invested. The agent cannot put that on to the investor."

`Umar bin Al-Khattab asked permission of Allah's Apostle to see him while some Quraishi women were sitting with him and they were asking him to give them more financial support while raising their voices over the voice of the Prophet. When `Umar asked permission to enter, all of them hurried to screen themselves the Prophet admitted `Umar and he entered, while the Prophet was smiling. `Umar said, "May Allah always keep you smiling, O Allah's Apostle! Let my father and mother be sacrificed for you !" The Prophet said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "You have more right, that they should be afraid of you, O Allah's Apostle!" And then he (`Umar) turned towards them and said, "O enemies of your souls! You are afraid of me and not of Allah's Apostle?" The women replied, "Yes, for you are sterner and harsher than Allah's Apostle." Allah's Apostle said, "O Ibn Al-Khattab! By Him in Whose Hands my life is, whenever Satan sees you taking a way, he follows a way other than yours!"

The Prophet said, "Allah will say to that person of the (Hell) Fire who will receive the least punishment, 'If you had everything on the earth, would you give it as a ransom to free yourself (i.e. save yourself from this Fire)?' He will say, 'Yes.' Then Allah will say, 'While you were in the backbone of Adam, I asked you much less than this, i.e. not to worship others besides Me, but you insisted on worshipping others besides me.' "

(as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry.' (4.127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.

The Prophet said, "An honest treasurer who gives what he is ordered to give fully, perfectly and willingly to the person to whom he is ordered to give, is regarded as one of the two charitable persons."

The Prophet (saws) said: He who collects more sadaqah than is due is like him who refuses to pay it.

Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.

Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."

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

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah from Busr ibn Said that Zayd ibn Khalid al-Juhani sent him to Abu Juhaym to ask him what he had heard from the Messenger of Allah, may Allah bless him and grant him peace, about passing in front of someone praying. Abu Juhaym said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If the one who passes in front of a man praying knew what he was bringing upon himself it would be better for him to stop for forty than to pass in front of him.' "

Abu'n-Nadr said, "I do not know whether he said forty days or months or years."

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

"Allah's Apostle in his fatal illness came out with a piece of cloth tied round his head and sat on the pulpit. After thanking and praising Allah he said, "There is no one who had done more favor to me with life and property than Abu Bakr bin Abi Quhafa. If I were to take a Khalil, I would certainly have taken Abu- Bakr but the Islamic brotherhood is superior. Close all the small doors in this mosque except that of Abu Bakr."

"Anas bin Malik arrived. So I went to him and he said: 'Who are you ?' I said: 'I am Waqid bin 'Amr [bin Sa'd bin Ma'adh].'" He said: "So he began to cry and he said: 'You resemble Sa'd. Sa'd was one of the greatest people, and of the tallest. The Messenger of Allah (saws) was sent a cloak of Dibaj with gold woven into it. The Messenger of Allah (saws) wore it and ascended the Minbar. Then he stood, or sat, and the people began touching it, and they said: 'We never saw a garment like this before today.' So he said: 'Are you amazed at this ? The handkerchiefs of Sa'd in Paradise are better than what you see.'"

He said: There is something on this topic from Asma' bint Abu Bakr. This Hadith is Sahih.

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."

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).