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. ...

Yahya related to me from Malik from Uthman ibn Hafs ibn Khalda from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar was asked about a man who took a loan from another man for a set term. The creditor reduced the debt, and the man paid it immediately Abdullah ibn Umar disliked that, and forbade it.

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad showed them how to sit in the tashahhud, and he kept his right foot vertical and laid his left foot down, and sat on his left haunch not on his foot. Then he said, "Abdullah ibn Abdullah ibn Umar saw me doing this and related to me that his father used to do the same thing."

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."

I heard the Prophet saying, "O people! Give in charity as a time will come upon you when a person will wander about with his object of charity and will not find anybody to accept it, and one (who will be requested to take it) will say, "If you had brought it yesterday, would have taken it, but today I am not in need of it."

When the Messenger of Allah (saws) halted at a certain place (while on a journey), he would not leave that place till he offered the noon prayer. A man said to him: Even if in the middle of the day? He replied: Even if in the middle of the day.

The Prophet heard someone praising another and exaggerating in his praise. The Prophet said, "You have ruined or cut the man's back (by praising him so much).

It was mentioned before the Prophet that there was a man who slept the night till morning (after sunrise). The Prophet said, "He is a man in whose ears (or ear) Satan had urinated."

The Prophet sent a Sariya (an army detachment) consisting of men called Al-Qurra', and all of them were martyred. I had never seen the Prophet so sad over anything as he was over them. So he said Qunut (invocation in the prayer) for one month in the Fajr prayer, invoking for Allah's wrath upon the tribe of 'Usaiya, and he used to say, "The people of 'Usaiya have disobeyed Allah and His Apostle."

Yahya related to me from Malik from his uncle Abu Suhayl ibn Malik that his father said, "I used to see a carpet belonging to Aqil ibn Abi Talib spread out on the day of jumua up to the west wall of the mosque. When the shadow of the wall covered the whole carpet, Umar ibn al-Khattab would come out and pray the jumua prayer."

Malik, Abu Suhayl's father, added, "We would then return after the jumua prayer and take our midday sleep."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, told him that she had never seen the Messenger of Allah, may Allah bless him and grant him peace, doing night prayers sitting down until he was getting on in years. He would recite sitting down until when he wanted to go into ruku, he would stand up and recite about thirty or forty ayats and then go into ruku.

Yahya related to me from Malik from his paternal uncle, Abu Suhayl ibn Malik, that his father said, "I was with Uthman ibn Affan when the iqama was said for the prayer and I was talking to him about being assigned a definite allowance by him. I continued talking to him while he was levelling some small stones with his sandals, and then some men that he had entrusted to straighten the rows came and told him that the rows were straight. He said to me, 'Line up in the row,' and then he said the takbir."

Allah's Apostle said: Islam is based on (the following) five (principles):

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer the (compulsory congregational) prayers dutifully and perfectly.

3. To pay Zakat (i.e. obligatory charity) .

4. To perform Hajj. (i.e. Pilgrimage to Mecca)

5. To observe fast during the month of Ramadan.

Once the Prophet remained behind us in a journey. He joined us while we were performing ablution for the prayer which was over-due. We were just passing wet hands over our feet (and not washing them properly) so the Prophet addressed us in a loud voice and said twice or thrice: "Save your heels from the fire."

Allah's Apostle said, "Whoever after listening to the Adhan says, 'Allahumma Rabba hadhihi-dda` watit-tammah, was-salatil qa'imah, ati Muhammadan al-wasilata wal-fadilah, wa b`ath-hu maqaman mahmudan-il-ladhi wa`adtahu' [O Allah! Lord of this perfect call (perfect by not ascribing partners to You) and of the regular prayer which is going to be established, give Muhammad the right of intercession and illustriousness, and resurrect him to the best and the highest place in Paradise that You promised him (of)], then my intercession for him will be allowed on the Day of Resurrection".

I came to the Prophet with some men from my tribe and stayed with him for twenty nights. He was kind and merciful to us. When he realized our longing for our families, he said to us, "Go back and stay with your families and teach them the religion, and offer the prayer and one of you should pronounce the Adhan for the prayer when its time is due and the oldest one amongst you should lead the prayer."

My father said, "While we were praying with the Prophet he heard the noise of some people. After the prayer he said, 'What is the matter?' They replied 'We were hurrying for the prayer.' He said, 'Do not make haste for the prayer, and whenever you come for the prayer, you should come with calmness, and pray whatever you get (with the people) and complete the rest which you have missed."

The Qur'an is recited in every prayer and in those prayers in which Allah's Apostle recited aloud for us, we recite aloud in the same prayers for you; and the prayers in which the Prophet recited quietly, we recite quietly. If you recite "Al-Fatiha" only it is sufficient but if you recite something else in addition, it is better.

I did not see the Prophet reciting (the Qur'an) in the night prayer while sitting except when he became old; when he used to recite while sitting, and when thirty or forty verses remained from the Sura, he would get up and recite them and then bow.

As soon as the Prophet departed from `Arafat, he went towards the mountain pass, and there he answered the call of) the prayer is ahead of you (i.e. at asked, "O Allah's Apostle! Will you offer the prayer here?" He replied, "(The place of) the prayer is ahead of you (i.e. at Al-Muzdalifa)."

From his father who said that he saw the Prophet (saws) making incisions (with a knife) into a piece of a lamb shoulder which he ate from, then he went to perform Salat without performing Wudu'.

[Abu 'Eisa said:] This Hadith is Hasan Sahih and there is something on this topic from Al-Mughirah bin Shu'bah.

The Prophet (saws) said: Cannot any one of you (according to the version of the narrator AbdulWarith) step forward or backward or at his right or left. The version of Hammad added: during prayer; that is, in supererogatory prayer.

While the Prophet was on a journey, he said (regarding the performance of the Zuhr prayer), "Wait till it (i.e. the weather) gets cooler." He said the same again till the shade of the hillocks extended. Then he said, "Delay the (Zuhr) Prayer till it gets cooler, for the severity of heat is from the increase in heat of Hell (fire).

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."

Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."

Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."

Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

There was a man called Abu Shu'aib, and he had a slave who was a butcher. He said (to his slave), "Prepare a meal to which I may invite Allah's Apostle along with four other men." So he invited Allah's Apostle and four other men, but another man followed them whereupon the Prophet said, "You have invited me as one of five guests, but now another man has followed us. If you wish you can admit him, and if you wish you can refuse him." On that the host said, "But I admit him." Narrated Muhammad bin Isma`il: If guests are sitting at a dining table, they do not have the right to carry food from other tables to theirs, but they can pass on food from their own table to each other; otherwise they should leave it.