Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Abu Dawud said: Ibn Wahb narrated this tradition on the authority of Yunus. He described the fact of eating as the statement of ‘A’ishah (not the saying of the prophet). It has also been narrated it from ‘Urwah or Abu Salamah. Al-Awza’I narrated it from Yunus on the Authority of Al-Zuhri from the prophet (may peace be upon him) as narrated by Ibn al-Mubarak.

Yahya related to me from Malik from Yahya ibn Said from Adi ibn Thabit al-Ansari that al-Barra ibn Azib said, "I prayed isha with the Messenger of Allah, may Allah bless him and grant him peace, and he recited at-Tin (Sura 95) in it."

The Prophet (saws) ordered Umar ibn al-Khattab who was in al-Batha' at the time of the conquest (of Makkah) to visit the Ka'bah and obliterate all images in it. The Prophet (saws) did not enter it until all the images were obliterated.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only married with the consent of her guardian, someone of her family with sound judgement or the Sultan.

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar from Abu Waqid al-Laythi that a man came to Umar ibn al-Khattab while he was in ash-Sham . He mentioned to him that he had found a man with his wife Umar sent Abu Waqid al-Laythi to the wife to question her about that. He came to her while there were women around her and mentioned to her what her husband had mentioned to Umar ibn al- Khattab, and informed her that she would not be punished on his word and began to suggest to her by that, that she should retract. She refused to retract and held firm to confession. Umar gave the order and she was stoned.

'Ubaidullah was asked about Al Mahassab. 'Ubaidullah narrated: Nafi` said, 'Allah's Apostles, `Umar and Ibn `Umar camped there." Nafi` added, "Ibn `Umar used to offer the Zuhr and `Asr prayers at it (i.e. Al-Mahassab)." I think he mentioned the Maghrib prayer also. I said, "I don't doubt about `Isha' (i.e. he used to offer it there also), and he used to sleep there for a while. He used to say, 'The Prophet used to do the same.' "

I used to practice money exchange, and I asked Zaid bin 'Arqam about it, and he narrated what the Prophet said in the following: Abu Al-Minhal said, "I asked Al-Bara' bin `Azib and Zaid bin Arqam about practicing money exchange. They replied, 'We were traders in the time of Allah's Apostle and I asked Allah's Apostle about money exchange. He replied, 'If it is from hand to hand, there is no harm in it; otherwise it is not permissible."

From one who heard the Prophet (saws) saying: "If you suffer a surprise attack from the enemy then say: 'Ha Min, they will not be victorious.'"

[Abu 'Eisa said:] There is something on this topic from Salamah bin Al-Akwa'. This is how some of them reported it from Abu Ishaq, the same as the narration of Ath-Thawri. And it has been reported from him, from Al-Muhallab bin Abi Sufrah from the Prophet (saws) in Mursal form.

I saw the Prophet (saws) addressing the people on his she-camel al-Adba', on the day of sacrifice at Mina.

From Abu Hurairah who said: "The price of a dog was prohibited, except for the hunting dog."

[Abu 'Eisa said:] This Hadith is not correct from this route. Abu Al-Muhazzim's name is Yazid bin Sufyan, and Shu'bah bin Al-Hajjaj criticized him and graded him weak. Similar to this has been reported from Jabir, from the Prophet (saws), but its chain is also not correct.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave Hafsa bint Abd arRahman in marriage to al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When Abd ar-Rahman arrived, he said, "Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir said, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "I won't oppose something that you have already completed." Hafsa was confirmed with al-Mundhir, and there was no divorce.

Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al- Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, "What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.' "

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Abu Murra, the mawla of Umm Hani, the sister of Aqil ibn Abi Talib, that Abdullah ibn Amr ibn al-As told him that he had visited his father Amr ibn al-As and found him eating. His father had invited him to eat, and when he replied that he was fasting, his father said, "These are the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade us to fast, and told us to break the fast on them."

Malik said, "These days are the days of tashriq."

From his father, who said that the Prophet (saws) said: "When one of you buys meat, then let him increase its broth. For, if he does not find any meat you'll have broth; and it is one of the two meats."

And there are narrations on this topic from Abu Dharr.

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through this route, as a narration of Muhammad bin Fada', who is Muhammad bin Fada' Al-Mu'abbar, and he has been criticized by Sulaiman bin Harb. 'Alqamah bin 'Abdullah is the brother of Bakr bin 'Abdullah Al-Muzani.

I asked Al-Bara' bin `Azib and Zaid bin Arqam about money exchanges. Each of them said, "This is better than I," and both of them said, "Allah's Apostle forbade the selling of silver for gold on credit. "

`Abdullah bin `Umar used to send the weak among his family early to Mina. So they used to depart from Al-Mash'ar Al-Haram (that is Al-Muzdalifa) at night (when the moon had set) and invoke Allah as much as they could, and then they would return (to Mina) before the Imam had started from Al- Muzdalifa to Mina. So some of them would reach Mina at the time of the Fajr prayer and some of them would come later. When they reached Mina they would throw pebbles on the Jamra (Jamrat-Al- `Aqaba) Ibn `Umar used to say, "Allah's Apostle gave the permission to them (weak people) to do so."

The Messenger of Allah (saws) performed ablution and wiped over the stockings and shoes.

Abu Dawud said: 'Abd al-Rahman b. Mahdi did not narrate this tradition because the familiar version from al-Mughirah says that the Prophet (saws) wiped over the socks.

Abu Musa al-Ash'ari has also reported: The Prophet (saws) wiped over stockings. But the chain of narrators of this tradition is neither continous nor strong.

'Ali b. Abi Talib, Ibn Mas'ud, al-Bara' b. 'Aziz, Anas b. Malik, Abu Umamah, Sahl b. Sa'd and 'Amr b. Huriath also wiped over the stockings.

Abu Dawud said: This tradition according to us is false.

Abu Dawud said: Sa'id b. al-Musayyab used to hoard kernel, fodder, and seeds.

Abu Dawud said: I heard Ahmad b. Yunus say: I asked Sufyan about hoarding fodder. He replied: They (the people in the past) disapproved of hoarding. I asked Abu Bakr b. 'Ayyash (about it). He replied: Hoard it.

Yahya related to me from Malik from Ismail ibn Muhammad ibn Said ibn Abi Waqqas from a mawla of Amr ibn al-As or of Abdullah ibn Amr ibn al-As that the Messenger of Allah, may Allah bless him and grant him peace, said, "The prayer of one of you sitting down is only equal to half the prayer of one of you when he is standing."

Yahya related to me from Malik from Yahya ibn Said and Rabia ibn Abi Abd arRahman from al-Qasim ibn Muhammad that al Furafisa ibn Umayral-Hanafi said, "I only learnt Sura Yusuf (Sura 12) from the recitation of it by Uthman ibn Affan in the subh prayer because of the great number of times he repeated it to us."

A similar tradition (to No. 5061) has been transmitted by Muslim ibn al-Harith ibn Muslim at-Tamimi on the authority of his father from the Prophet (saws) through a different chain of narrators, up to "protection from it".

But this version says: "before speaking to anyone". In this version Ali ibn Sahl said that his father told him.

Ali and Ibn al-Musaffa said: The Messenger of Allah (saws) sent us on an expedition. When we reached the place of attack, I galloped my horse and outstripped my companions, and the people of that locality received me with a great noise.

I said to them: Say "There is no god but Allah," and you will be protected. They said this.

My companions blamed me, saying: You deprived us of the booty. When we came to the Messenger of Allah (saws), they told him what I had done.

So he called me, appreciating what I had done, and said: Allah has recorded for you so and so (a reward) for every man of them.

AbdurRahman said: I forgot the reward. The Messenger of Allah (saws) then said: I shall write a will for you after me. He did this and stamped it, and gave it to me, saying....He then mentioned the rest of the tradition to the same effect. Ibn al-Musaffa said: I heard al-Harith ibn Muslim ibn al-Harith at-Tamimi transmitting it from his father.

We were informed that Musailima Al-Kadhdhab had arrived in Medina and stayed in the house of the daughter of Al-Harith. The daughter of Al-Harith bin Kuraiz was his wife and she was the mother of `Abdullah bin 'Amir. There came to him Allah's Apostle accompanied by Thabit bin Qais bin Shammas who was called the orator of Allah's Apostle. Allah's Apostle had a stick in his hand then. The Prophet stopped before Musailima and spoke to him. Musailima said to him, "If you wish, we would not interfere between you and the rule, on condition that the rule will be ours after you... The Prophet said, "If you asked me for this stick, I would not give it to you. I think you are the same person who was shown to me in a dream. And this is Thabit bin Al-Qais who will answer you on my behalf." The Prophet then went away. I asked Ibn `Abbas about the dream Allah's Apostle had mentioned. Ibn `Abbas said, "Someone told me that the Prophet said, "When I was sleeping, I saw in a dream that two gold bangles were put in my hands, and that frightened me and made me dislike them. Then I was allowed to blow on them, and when I blew at them, both of them flew. Then I interpreted them as two liars who would appear.' One of them was Al-`Ansi who was killed by Fairuz in Yemen and the other was Musailima Al-Kadhdbab."

Narrated from his father who said: "Al-Hasan and Al-Husain wore their ring on their left hand."

This Hadith is Hasan Sahih.

I heard the Prophet ordering that an unmarried person guilty of illegal sexual intercourse be flogged one-hundred stripes and be exiled for one year. `Umar bin Al-Khattab also exiled such a person, and this tradition is still valid.

Allah's Apostle said, "Whoever, after listening to the Adhan (for the prayer) says, 'O Allah, the Lord of this complete call and of this prayer, which is going to be established! Give Muhammad Al-Wasila and Al-Fadila and raise him to Al-Maqam-al-Mahmud which You have promised him,' will be granted my intercession for him on the Day of Resurrection."

I met Al-Bara bin `Azib and said (to him). "May you live prosperously! You enjoyed the company of the Prophet and gave him the Pledge of allegiance (of Al-Hudaibiya) under the Tree." On that, Al- Bara' said, "O my nephew! You do not know what we have done after him (i.e. his death).

`Uthman bin `Affan and I went to the Prophet and said, "You had given Banu Al-Muttalib from the Khumus of Khaibar's booty and left us in spite of the fact that we and Banu Al-Muttalib are similarly related to you." The Prophet said, "Banu Hashim and Banu Al-Muttalib only are one and the same." So the Prophet did not give anything to Banu `Abd Shams and Banu Nawfal.

Allah's Apostle (p.b.u.h) appointed a man called Ibn Al-Lutbiya, from the tribe of Al-Asd to collect Zakat from Bani Sulaim. When he returned, (after collecting the Zakat) the Prophet checked the account with him.

Abu Dawud said: Al-Laith b. Sa'd, al-Awza'i, Mansur b. al-Mu'tamir and 'Irak b. Malik have narrated this tradition like the one narrated by Ibn 'Uyainah. Al-Awza'i narrated in his version the words: Beg pardon of Allah.

Abu Dawud said : Ibn Juraij did not hear these two traditions from Abu al-Zubair, I have been informed by Ahmad. B. Hanbal saving : Ibn Juraij heard them from Yasin al-Zayyat.

Aby Dawud said: Al-Mughirah b. Muslim has transmitted it from Abu al-Zubair from Jabir From the prophet(saws).

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.