Yahya related to me that Malik had seen that the people of knowledge used to like to pay the zakat al-fitr after dawn had broken on the day of the Fitr before they went to the place of prayer.

Malik said, "There is leeway in this, if Allah wills, in that it can be paid either before setting out (for the prayer) on the day of Fitr or afterwards."

"The Prophet (saws) prohibited studding the stallion."

[He said:] There are narrations on this topic from Abu Hurairah, Anas, and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith is Ibn 'Umar is a Hasan Sahih Hadith. This is acted upon according to some of the people of knowledge. There are those who made concession for accepting an honorarium for that.

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

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

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

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

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

"I would sell camels at Al-Baqi', so I would sell them for Dinar but take in place of them Dirham, and, I would sell for silver and take Dinar in its place. So I went to the Messenger of Allah (saws) and found him leaving the house of Hafsah. I asked him about that and he said: 'There is no harm in that when it (equals) the price.'"

[Abu 'Eisa said:] We do not know of this Hadith being Marfu' except from the narration of Simak bin Harb from Sa'eed bin Jubair, from Ibn 'Umar.

Dawud bin Abi Hind narrated this Hadith from Abu Sa'eed bin Jubair, from Ibn 'Umar in Mawquf form.

This is acted upon according to some of the people of knowledge. There is no harm in paying for gold with silver and silver with gold. This is the view of Ahmad and Ishaq. Some of the people of knowledge, among the Companions and others, disliked that.

That the Prophet (saws) said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge followed this Hadith, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an equivalent to what the other took of his.

Some of the people of knowledge among the Tabi'in allowed that. This is the view of Sufyan Ath-Thawri, he said: "If one man has some Dirham that belong to another, and the second has some Dinar belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "No-one should pray over a dead person unless he is in wudu."

Yahya said that he heard Malik say, "I have not seen any person of knowledge disapproving of praying over either a child born of adultery or its mother."

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that AIi ibn Abi Talib used to say the talbiya while on hajj until after noon on the day of Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of knowledge in our city are still doing."

That the Prophet (saws) said: "When the penalty (of blood money) goes to a Mukatab, or an inheritance, then he inherits in accordance with as much as he is freed from it." And the Prophet (saws) said: "The Mukatab is given the blood-money of a free person in accordance to what he has paid (for his freedom), and that of a slave in accordance to what remains."

[He said:] There is something on this from Umm Salamah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Hadith. This is how it was reported from Yahya bin Abi Kathir from 'Ikrimah, from Ibn 'Abbas, from the Prophet (saws).

Khalid bin Al-Hadh-dha' reported it from 'Ikrimah, from 'Ali as his saying.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others.

Most of the people of knowledge among the Companions of the Prophet (saws) and others said that the Mukatab remains a slave as long as he still owes a Dirham. This is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq.

From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.

According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.

Yahya related to me from Malik that he had heard more than one of their men of knowledge say, "There has been no call to prayer or iqama for the id al-Fitr or the id al-Adha since the time of the Messenger of Allah, may Allah bless him and grant him peace."

Malik said, "That is the sunna about which there is no disagreement among us."

[Abu 'Eisa said:] There are narrations on this topic from Ibn 'Umar and Abu Hurairah. This Hadith is Hasan Sahih, and this is acted upon according to the people of knowledge.

Yahya related to me from Malik from Jafar ibn Muhammad from his father that Jabir ibn Abdullah said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, hastening from the Black Stone until he reached it again, three times."

Malik said, "This is what is still done by the people of knowledge in our city."

That the Messenger of Allah (saws) said: "When one of you (women) has a Mukatab ho has with him what will fulfill (the Kitabah) then observe Hijab from him."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And the meaning of this Hadith according to the people of knowledge is that of caution. They say that the Mukatab is not freed, even if he has the amount to pay, until he pays it.

The Messenger of Allah (saws) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. He said: I had been a judge (for long); or he said (the narrator is doubtful): I have no doubts about a decision afterwards.

AbuZumayl said: I asked Ibn Abbas, saying: What is that I find in my breast? He asked: What is it? I replied: I swear by Allah, I cannot speak about it. He asked me: Is it something doubtful? and he laughed. He then said: No one could escape that, until Allah, the exalted, revealed: "If thou went in doubt as to what we have revealed unto thee, and ask those who have been reading the Book from before thee." He said: If you find something in your heart, say: He is the first and the Last, the Evident and the Immanent, and He has full knowledge of all things.

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

This is acted upon according to the people of knowledge. They permit assurance of protection by a women. This is the view of Ahmad and Ishaq. They permitted the asylum of a woman and slave

It has been related from other routes from 'Umar bin Al-Khattab that he permitted the asylum granted by a slave.

One of the narrators of this last narration Abu Murrah is the freed slave of 'Aqil bin Abi Talib - they also say that he was freed slave of Umm Hani' - and his name was Yazid.

It has been related from 'Ali bin Abi Talib and 'Abdullah bin 'Amr that the Prophet (saws) said: "The covenants of the Muslims are one, it covers the rest of them."

[Abu 'Eisa said:] According to the people of knowledge, the meaning of this Hadith is that whoever gives assurance of protection among the Muslims, then it is valis to all of them.

"I asked Jabir: 'Is badger kind of game animal?' He said: 'Yes.'" He said: "I said: 'Should I eat it?' He said: 'Yes.'" He said: 'I said: 'Did the Messenger of Allah (saws) say that ?' He said: 'Yes.'"

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

Some of the people of knowledge followed this. They did not see any harm eating badger. This is the view of Ahmad and Ishaq. A Hadith has been related from the Prophet (saws) indicating disapproval of eating badger but its chain is not strong. Some of the people of knowledge disliked eating badger. This is the view of Ibn Al-Mubarak. Yahya bin Al-Qattan said: "Jarir bin Hazm reported this Hadith from 'Abdullah bin 'Ubaid bin 'Umair, from Ibn Abi 'Ammar, from Jabir, from 'Umar, as his saying. And the narration of Ibn Juraij (a narrator in the chain of this Hadith) is more correct. And Ibn Abi 'Ammar is 'Abdur-Rahman bin 'Abdullah bin Abi 'Ammar Al-Makki.

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

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

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

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

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

Malik said, "The position which we are agreed upon, and which I have heard the people of knowledge mentioning, is that rikaz refers to treasure which has been found which was buried during the jahiliyya, as long as neither capital is required, nor expense, great labour or inconvenience incurred in recovering it. If capital is required or great labour is incurred, or on one occasion the mark is hit and on another it is missed, then it is not rikaz."