Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man from the Ansar of the tribe of Banu Haritha was herding a pregnant she-camel at Uhud. It was about to die, so he slaughtered it with a sharp stake. The Messenger of Allah was asked about that, and he said, "There is no harm in it, eat it."

A man paid in advance for a palm-tree. It did not bear fruit that year. They brought their case for decision to the Prophet (saws). He said: for which do you make his property lawful? He then said: Do not pay in advance for a palm-tree till they (the fruits) were clearly in good condition.

The Prophet asked Abu Bakr for `Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry."

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about the time of the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, did not answer him, but in the morning he prayed subh at first light. The following morning he prayed subh when it was much lighter, and then said, 'Where is the man who was asking about the time of the prayer?' The man replied, 'Here I am, Messenger of Allah.' He said,'The time is between these two.' "

Once Musa bin Anas while describing the battle of Yamama, said, "Anas bin Malik went to Thabit bin Qais, who had lifted his clothes from his thighs and was applying Hunut to his body. Anas asked, 'O Uncle! What is holding you back (from the battle)?' He replied, 'O my nephew! I am coming just now,' and went on perfuming himself with Hunut, then he came and sat (in the row). Anas then mentioned that the people fled from the battle-field. On that Thabit said, 'Clear the way for me to fight the enemy. We would never do so (i.e. flee) in the company of Allah's Apostle. How bad the habits you have acquired from your enemies!"

A Jew and Jewess were brought to the Prophet on a charge of committing an illegal sexual intercourse. The Prophet asked the Jews, "What do you (usually) do with them?" They said, "We blacken their faces and disgrace them." He said, "Bring here the Torah and recite it, if you are truthful." They (fetched it and) came and asked a one-eyed man to recite. He went on reciting till he reached a portion on which he put his hand. The Prophet said, "Lift up your hand!" He lifted his hand up and behold, there appeared the verse of Ar-Rajm (stoning of the adulterers to death). Then he said, "O Muhammad! They should be stoned to death but we conceal this Divine Law among ourselves." Then the Prophet ordered that the two sinners be stoned to death and, and they were stoned to death, and I saw the man protecting the woman from the stones. (See Hadith No. 809, Vol. 8)

Allah's Apostle made a small room (with a palm leaf mat). Allah's Apostle came out (of his house) and prayed in it. Some men came and joined him in his prayer. Then again the next night they came for the prayer, but Allah's Apostle delayed and did not come out to them. So they raised their voices and knocked the door with small stones (to draw his attention). He came out to them in a state of anger, saying, "You are still insisting (on your deed, i.e. Tarawih prayer in the mosque) that I thought that this prayer (Tarawih) might become obligatory on you. So you people, offer this prayer at your homes, for the best prayer of a person is the one which he offers at home, except the compulsory (congregational) prayer."

`Abdullah bin Shaddad and Abu Burda sent me to `Abdullah bin Abi `Aufa and told me to ask `Abdullah whether the people in the lifetime of the Prophet used to pay in advance for wheat (to be delivered later). `Abdullah replied, "We used to pay in advance to the peasants of Sham for wheat, barley and olive oil of a known specified measure to be delivered in a specified period." I asked (him), "Was the price paid (in advance) to those who had the things to be delivered later?" `Abdullah bin `Aufa replied, "We did not use to ask them about that." Then they sent me to `Abdur Rahman bin Abza and I asked him. He replied, "The companions of the Prophet used to practice Salam in the lifetime of the Prophet; and we did not use to ask them whether they had standing crops or not."

I intended to buy Barirah but her masters stipulated that her Wala should be for them. When the Prophet was told about it, he said to me, "Buy and manumit her, as the Wala' is for the liberator." Once Barirah was given some meat, and the Prophet asked, "What is this?" I said, "It has been given to Barirah in charity." He said, "It is sadaqa for her but a gift for us." Barirah was given the option (to stay with her husband or to part with him). `Abdur-Rahman (a sub-narrator) wondered, "Was her husband a slave or a free man?" Shu`ba (another sub-narrator) said, "I asked `Abdur-Rahman whether her husband was a slave or a free man. He replied that he did not know whether he was a slave or a free man."

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. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

The Prophet said, "It is not lawful for a woman (at the time of wedding) to ask for the divorce of her sister (i.e. the other wife of her would-be husband) in order to have everything for herself, for she will take only what has been written for her."

That the Messenger of Allah (saws) said: "Bring me a shoulder blade or tablet." Then he wrote: Not equal are those of believers who sit. 'Amr bin Umm Maktum who was behind him said: "Is there an exemption for me?" So the following was revealed: Except those who are disabled.

There are narrations on this topic from Ibn 'Abbas, Jabir and Zaid bin Thabit.

This Hadith is Hasan Sahih and it is a Hadith that is Gharib from the narration of Sulaiman At-Taimi from Abu Ishaq.

And Shu'bah and Ath-Thawri reported this Hadith from Abu Ishaq.

The Prophet took a room made of date palm leaves mats in the mosque. Allah's Apostle prayed in it for a few nights till the people gathered (to pray the night prayer (Tarawih) (behind him.) Then on the 4th night the people did not hear his voice and they thought he had slept, so some of them started humming in order that he might come out. The Prophet then said, "You continued doing what I saw you doing till I was afraid that this (Tarawih prayer) might be enjoined on you, and if it were enjoined on you, you would not continue performing it. Therefore, O people! Perform your prayers at your homes, for the best prayer of a person is what is performed at his home except the compulsory congregational) prayer." (See Hadith No. 229,Vol. 3) (See Hadith No. 134, Vol. 8)

Usama bin Zaid was asked at what pace the Prophet rode during Hajjat-ul-Wada` "He rode at a medium pace, but when he came upon an open way he would go at full pace."

Aisha wanted to buy Barirah and he (the Prophet) went out for the prayer. When he returned, she told him that they (her masters) refused to sell her except on the condition that her Wala' would go to them. The Prophet replied, 'The Wala' would go to him who manumits.' " Hammam asked Nafi` whether her (Barirah's) husband was a free man or a slave. He replied that he did not know.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ash-Shafi'i said: "It is not lawful for one who confers something to take it back, except in the case of the father. He may take back what he gave his son" and he used this Hadith as proof.

`AbdurRahman bin Abza said, "Ask Ibn `Abbas about these two Qur'anic Verses: 'Nor kill such life as Allah has made sacred, Except for just cause.' (25.168) "And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, "When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, 'But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.' So Allah revealed:-- 'Except those who repent, believe, and do good-- (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever." Then I mentioned this to Mujahid who said, "Except the one who regrets (one's crime) . "

My father saw `Amr bin Abi Hasan asking `Abdullah bin Zaid about the ablution of the Prophet. `Abdullah bin Zaid asked for earthenware pot containing water and in front of them performed ablution like that of the Prophet . He poured water from the pot over his hand and washed his hands thrice and then he put his hands in the pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out with three handfuls of water. Again he put his hand in the water and washed his face thrice and washed his forearms up to the elbows twice; and then put his hands in the water and then passed them over his head by bringing them to the front and then to the rear of the head once, and then he washed his feet up to the ankles.

The Prophet said, "I have been given five things which were not given to any one else before me. -1. Allah made me victorious by awe, (by His frightening my enemies) for a distance of one month's journey. -2. The earth has been made for me (and for my followers) a place for praying and a thing to perform Tayammum, therefore anyone of my followers can pray wherever the time of a prayer is due. -3. The booty has been made Halal (lawful) for me yet it was not lawful for anyone else before me. -4. I have been given the right of intercession (on the Day of Resurrection). -5. Every Prophet used to be sent to his nation only but I have been sent to all mankind.

A man from the companions of Allah's Apostle who I think, was Ibn `Umar said, "The Verse:-- "Whether you show what is in your minds or conceal it...." was abrogated by the Verse following it."

Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by the sea and he forbade him to eat it. Then Abdullah turned and asked for a Qur'an, and read, "The game of the sea and its flesh are halal for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn Abi Hurayra to say that there was no harm in eating it."

[He said:] There are narrations on this topic from Anas, Ibn 'Abbas, Jabir, Abu Sa'eed, and Zaid bin Thabit.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They dislike selling fruits before their usefulness appears, this is the view of Ash-Shafi'i, Ahmad and Ishaq.

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

Usama bin Zaid said during the Conquest (of Mecca), "O Allah's Apostle! Where will we encamp tomorrow?" The Prophet said, "But has `Aqil left for us any house to lodge in?" He then added, "No believer will inherit an infidel's property, and no infidel will inherit the property of a believer." Az- Zuhri was asked, "Who inherited Abu Talib?" Az-Zuhri replied, "Ail and Talib inherited him."

Anas bin Malik said to a woman of his family, "Do you know such-and-such a woman?" She replied, "Yes." He said, "The Prophet passed by her while she was weeping over a grave, and he said to her, 'Be afraid of Allah and be patient.' The woman said (to the Prophet). 'Go away from me, for you do not know my calamity.'" Anas added, "The Prophet left her and proceeded. A man passed by her and asked her, 'What has Allah's Apostle said to you?' She replied, 'I did not recognize him.' The man said, 'He was Allah's Apostle."' Anas added, "So that woman came to the gate of the Prophet and she did not find a gate-keeper there, and she said, 'O Allah's Apostle! By Allah. I did not recognize you!' The Prophet said, 'No doubt, patience is at the first stroke of a calamity.'"

I asked `Uthman bin `Affan about a person who engaged in intercourse but did no discharge. `Uthman replied, "He should perform ablution like the one for an ordinary prayer but he must wash his penis." `Uthman added, "I heard it from Allah's Apostle." I asked `Ali Az-Zubair, Talha and Ubai bin Ka`b about it and they, too, gave the same reply. (This order was canceled later on and taking a bath became necessary for such cases).

Aisha

said, "A woman from Bani Makhzumiya committed a theft and the people said, 'Who can intercede with the Prophet for her?' So nobody dared speak to him (i.e. the Prophet) but Usama bin Zaid spoke to him. The Prophet said, 'If a reputable man amongst the children of Bani Israel committed a theft, they used to forgive him, but if a poor man committed a theft, they would cut his hand. But I would cut even the hand of Fatima (i.e. the daughter of the Prophet) if she committed a theft."

Sa`id bin Yazid Al-Azdi: I asked Anas bin Malik whether the Prophet had ever, prayed with his shoes on. He replied "Yes."

I asked Muhammad (bin Seereen) whether Tashah-hud should be recited after the two prostrations of Sahu. He replied, "It is not (mentioned) in Abu Huraira's narration . "

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head.

Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House."

Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature."

Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina."

Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination. ' "

This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.