Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."

Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "

Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."

Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Allah 's Apostle died when he was sixty-three years of age.

A woman used to perform circumcision in Medina. The Prophet (saws) said to her: Do not cut severely as that is better for a woman and more desirable for a husband.

Abu Dawud said: It has been transmitted by 'Ubaid Allah b. 'Amr from 'Abd al-Malik to the same effect through a different chain.

Abu Dawud said: It is not a strong tradition. It has been transmitted in mursal form (missing the link of the Companions)

Abu Dawud said: Muhammad b. Hasan is obscure, and this tradition is weak.

We were with the Prophet on a full moon night. He looked at the moon and said, "You will certainly see your Lord as you see this moon, and there will be no trouble in seeing Him. So if you can avoid missing (through sleep, business, etc.) a prayer before the rising of the sun (Fajr) and before its setting (`Asr) you must do so. He (the Prophet ) then recited the following verse: And celebrate the praises Of Your Lord before The rising of the sun And before (its) setting." (50.39)

The Prophet (saws) said: The Caliphate of Prophecy will last thirty years; then Allah will give the Kingdom of His Kingdom to anyone He wills.

Sa'id told that Safinah said to him: Calculate Abu Bakr's caliphate as two years, 'Umar's as ten, 'Uthman's as twelve and 'Ali so and so. Sa'id said: I said to Safinah: They conceive that 'Ali was not a caliph. He replied: The buttocks of Marwan told a lie.

Yahya related to me from Malik from Ibn Shihab that he said, "Suckling however little or much, makes haram. Kinship by suckling makes men mahram."

Yahya said that he had heard Malik say, "Suckling, however little or much when it is in the first two years, makes haram. As for what is after the first two years, little or much, it does not make anything haram. It is like food."

Next year I came out to make an atonement for my umrah. I came to Ibn Abbas and asked him (about it). He said: Bring a new sacrificial animal, for the Messenger of Allah (saws) ordered his companions to bring fresh sacrificial animals for the umrah of atonement in lieu of the animals they had sacrificed in the year of al-Hudaybiyyah.

I heard Anas bin Malik describing the Prophet saying, "He was of medium height amongst the people, neither tall nor short; he had a rosy color, neither absolutely white nor deep brown; his hair was neither completely curly nor quite lank. Divine Inspiration was revealed to him when he was forty years old. He stayed ten years in Mecca receiving the Divine Inspiration, and stayed in Medina for ten more years. When he expired, he had scarcely twenty white hairs in his head and beard." Rabi`a said, "I saw some of his hairs and it was red. When I asked about that, I was told that it turned red because of scent. "

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

The Prophet (saws) said: If anyone performs ablution well and pays a visit to his (sick) Muslim brother seeking his reward from Allah, he will be removed a distance of seventy years (kharif) from Hell. I asked: What is kharif, Abu Hamzah? He replied: A year.

Abu Dawud said: Only the people of Basrah have narrated the tradition on visiting the sick after performing ablution.

The Prophet used to recite the following invocations during Qunut: "O Allah! Save Salama bin Hisham. O Allah! Save Al-Walid bin Al-Walid. O Allah! Save `Aiyash bin Rabi`a O Allah ! Save the weak Muslims. O Allah! Be very hard on Mudar tribe. O Allah! Afflict them with years (of famine) similar to the (famine) years of the time of Prophet Joseph."

Allah's Apostle prohibited Al-Mut'a marriage and the eating of donkey's meat in the year of the Khaibar battle.

In the year of the conquest of Mecca the Prophet entered Mecca, wearing a helmet on his head.

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "My grandfather Habban had two wives, one from the Hashimites and one from the Ansars. He divorced the Ansariyya while she was nursing, and a year passed and he died and she had still not yet menstruated. She said, 'I inherit from him. I have not menstruated yet.' The wives quarrelled and went to Uthman ibn Affan. He decided that she did inherit, and the Hashimiyya rebuked Uthman. He said, 'This is the practice of the son of your paternal uncle. He pointed this out to us.' He meant Ali ibn Abi Talib."

Yahya related to me from Malik that Ibrahim ibn Uqba asked Said ibn al-Musayyab about suckling. Said said, "All that occurs in the first two years, even if it is only a drop, makes haram. Whatever is after two years, is only food that is eaten."

Ibrahim ibn Uqba said, ''Then I asked Urwa ibn az-Zubayr and he told me the same as what Said ibn al-Musayyab said."

Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah ibn Badr al-Juhani that his father informed him that he stopped with a people on the way to Syria and he found a purse which had eighty dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to him, "Announce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business."

Some of the sons of `Abdullah told him (i.e. `Abdullah) if he had stayed (and not performed Hajj that year).

During the year of the Conquest (of Mecca), the Prophet entered Mecca through Kada which was at the upper part of Mecca.

Asma, daughter of AbuBakr, entered upon the Messenger of Allah (saws) wearing thin clothes. The Messenger of Allah (saws) turned his attention from her. He said: O Asma', when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to his face and hands.

Abu Dawud said: This is a mursal tradition (i.e. the narrator who transmitted it from 'Aishah is missing) Khalid b. Duraik did not see 'Aishah.

By Allah, Who took away the Prophet. The Prophet never missed them (two rak`at) after the `Asr prayer till he met Allah and he did not meet Allah till it became heavy for him to pray while standing so he used to offer most of the prayers while sitting. (She meant the two rak`at after `Asr) He used to pray them in the house and never prayed them in the mosque lest it might be hard for his followers and he loved what was easy for them .

The Prophet used to stand by a tree or a date-palm on Friday. Then an Ansari woman or man said. "O Allah's Apostle! Shall we make a pulpit for you?" He replied, "If you wish." So they made a pulpit for him and when it was Friday, he proceeded towards the pulpit (for delivering the sermon). The datepalm cried like a child! The Prophet descended (the pulpit) and embraced it while it continued moaning like a child being quietened. The Prophet said, "It was crying for (missing) what it used to hear of religious knowledge given near to it."

My father said, "One night we were traveling with the Prophet and some people said, 'We wish that Allah's Apostle would take a rest along with us during the last hours of the night.' He said, 'I am afraid that you will sleep and miss the (Fajr) prayer.' Bilal said, 'I will make you get up.' So all slept and Bilal rested his back against his Rahila and he too was overwhelmed (by sleep) and slept. The Prophet got up when the edge of the sun had risen and said, 'O Bilal! What about your statement?' He replied, 'I have never slept such a sleep.' The Prophet said, 'Allah captured your souls when He wished, and released them when He wished. O Bilal! Get up and pronounce the Adhan for the prayer.' The Prophet performed ablution and when the sun came up and became bright, he stood up and prayed."

When the Prophet realized that the Quraish had delayed in embracing Islam, he said, "O Allah! Protect me against their evil by afflicting them with seven (years of famine) like the seven years of (Prophet) Joseph." So they were struck with a year of famine that destroyed everything till they had to eat bones, and till a man would look towards the sky and see something like smoke between him and it. Allah said:-- "Then watch you (O Muhammad) for the day when the sky will produce a kind of smoke plainly visible." (44.10) And Allah further said:-- "Verily! We shall withdraw the punishment a little, Verily you will return (to disbelief)." (44.15) (Will Allah relieve them from torture on the Day of Resurrection?) (The punishment of) the smoke had passed and Al-Baltsha (the destruction of the pagans in the Badr battle) had passed too.

The Prophet was neither conspicuously tall, nor short; neither, very white, nor tawny. His hair was neither much curled, nor very straight. Allah sent him (as an Apostle) at the age of forty (and after that) he stayed for ten years in Mecca, and for ten more years in Medina. Allah took him unto Him at the age of sixty, and he scarcely had ten white hairs on his head and in his beard.

The father or Uncle of Mujibah al-Bahiliyyah visited the Messenger of Allah (saws). He then went away and came to him (again) after one year when his condition and appearance had changed.

He said: Messenger of Allah, do you not recognize me? He asked: Who are you? He replied: I am al-Bahili who came to you last year. He said: What has changed you? You were looking well, then you were good in appearance? He said: I have only food at night since I departed from you.

Thereupon the Messenger of Allah (saws) said: Why did you torment yourself? Fast during Ramadan (the month of patience) and fast for one day every month. He said: Increase it for me, for I have (more) strength. He said: Fast two days. He again said: Increase it for me. He said: Fast three days. He again said: Increase it for me. He said: Fast during the inviolable months and then stop; fast during the inviolable months and then stop; fast during the inviolable months and then stop. He indicated by his three fingers, and joined them and then opened them.

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."

Yahya related to me from Malik from Ibn Shihab that Humay ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar in the year that he performed the hajj, holding a lock of hair (i.e. a hairpiece) which he took from one of his guards, "People of Madina! Where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, forbid the like of this, saying, 'The Banu Israil were destroyed when their women started to use this.' "

During the year of the Conquest (of Mecca), the Prophet entered Mecca through its upper part through Kada.

There was a Jew in Medina who used to lend me money up to the season of plucking dates. (Jabir had a piece of land which was on the way to Ruma). That year the land was not promising, so the payment of the debt was delayed one year. The Jew came to me at the time of plucking, but gathered nothing from my land. I asked him to give me one year respite, but he refused. This news reached the Prophet whereupon he said to his companions, "Let us go and ask the Jew for respite for Jabir." All of them came to me in my garden, and the Prophet started speaking to the Jew, but he Jew said, "O Abu Qasim! I will not grant him respite." When the Prophet saw the Jew's attitude, he stood up and walked all around the garden and came again and talked to the Jew, but the Jew refused his request. I got up and brought some ripe fresh dates and put it in front of the Prophet. He ate and then said to me, "Where is your hut, O Jabir?" I informed him, and he said, "Spread out a bed for me in it." I spread out a bed, and he entered and slept. When he woke up, I brought some dates to him again and he ate of it and then got up and talked to the Jew again, but the Jew again refused his request. Then the Prophet got up for the second time amidst the palm trees loaded with fresh dates, and said, "O Jabir! Pluck dates to repay your debt." The Jew remained with me while I was plucking the dates, till I paid him all his right, yet there remained extra quantity of dates. So I went out and proceeded till I reached the Prophet and informed him of the good news, whereupon he said, "I testify that I am Allah's Apostle."

Abu Huraira said that Abu Bakr sent him during the Hajj in which Abu Bakr was made the chief of the pilgrims by Allah's Apostle before (the year of) Hajjat al-Wada` in a group (of announcers) to announce before the people; 'No pagan shall perform the Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state. Humaid used to say The Day of Nahr is the day of Al- Hajj Al-Akbar (the Greatest Day) because of the narration of Abu Huraira.