A man asked permission to enter upon Allah's Apostle. The Prophet said, "Admit him. What an evil brother of his people or a son of his people." But when the man entered, the Prophet spoke to him in a very polite manner. (And when that person left) I said, "O Allah's Apostle! You had said what you had said, yet you spoke to him in a very polite manner?" The Prophet said, "O `Aisha! The worst people are those whom the people desert or leave in order to save themselves from their dirty language or from their transgression."

Abu Dawud said: I heard Ahmad b. Hanbal say: Muhammad b. Thabit reported a rejected tradition.

Ibn Dasah said: Abu Dawud said: No one supported Muhammad b. Thabit in respect of narrating this tradition as to striking the wall twice (for wiping) from the Prophet (saws), but reported it as an action of Ibn 'Umar.

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. ...

That Allah's Apostle came to him and Fatima the daughter of Allah's Apostle at their house at night and said, "Won't you pray?" `Ali replied, "O Allah's Apostle! Our souls are in the Hands of Allah and when he wants us to get up, He makes us get up." When `Ali said that to him, Allah's Apostle left without saying anything to him. While the Prophet was leaving, `Ali heard him striking his thigh (with his hand) and saying, "But man is quarrelsome more than anything else." (18.54)

Yahya related to me from Malik from Ibn Shihab from Abdullah ibn Amir ibn Rabia that Umar ibn al-Khattab went out to ash-Sham. When he came to Sargh, near Tabuk, he heard that the plague had broken out in ash-Sham. Abd ar-Rahman ibn Awf told him that the Messenger of Allah, may Allah bless him and grant him peace, said, "If you hear that a land has a plague in it, do not go forward to it. If it comes upon a land which you are in, do not depart in flight from it." Umar ibn al- Khattab came back from Sargh.

I heard Allah's Apostle saying, "My example and the example of the people is that of a man who made a fire, and when it lighted what was around it, Moths and other insects started falling into the fire. The man tried (his best) to prevent them, (from falling in the fire) but they overpowered him and rushed into the fire. The Prophet added: Now, similarly, I take hold of the knots at your waist (belts) to prevent you from falling into the Fire, but you insist on falling into it."

I heard Allah's Apostle saying, "I have been sent with Jawami al-Kalim (i.e., the shortest expression carrying the widest meanings), and I was made victorious with awe (cast into the hearts of the enemy), and while I was sleeping, the keys of the treasures of the earth were brought to me and were put in my hand." Muhammad said, Jawami'-al-Kalim means that Allah expresses in one or two statements or thereabouts the numerous matters that used to be written in the books revealed before (the coming of) the Prophet.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Nafi, the mawla of Abdullah ibn Umar said, "You cannot do itikaf unless you are fasting, because of what Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, then complete the fast until night-time, and do not have intercourse with them while you are doing itikaf in mosques,' (Sura 2 ayat 187). Allah only mentions itikaf together with fasting."

Malik said, "That is what we go by here."

Yahya related to me from Malik from Nafi that the daughter of Ubaydullah ibn Umar whose mother was the daughter of Zayd ibn al- Khattab, married the son of Abdullah ibn Umar. He died and had not yet consummated the marriage or specified her bride-price. Her mother wanted the bride-price, and Abdullah ibn Umar said, "She is not entitled to a bride-price. Had she been entitled to a bride-price, we would not have kept it and we would not do her an injustice. "The mother refused to accept that. Zayd ibn Thabit was brought to adjudicate between them and he decided that she had no bride-price, but that she did inherit.

Allah's Apostle said, "By Him in Whose Hand my soul is I was about to order for collecting firewood (fuel) and then order Someone to pronounce the Adhan for the prayer and then order someone to lead the prayer then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him, in Whose Hands my soul is, if anyone of them had known that he would get a bone covered with good meat or two (small) pieces of meat present in between two ribs, he would have turned up for the `Isha' prayer.'

That she brought a side of roasted meat to the Messenger of Allah (saws), so he ate it from it and stood for Salat, and did not perform Wudu'

He said: There are narrations on this topic from 'Abdullah bin Al-Harith, Al-Mughirah, and Abu Rafi'

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib from this route.

(Once) the Prophet said, "Have you got carpets?" I replied, "Whence can we get carpets?" He said, "But you shall soon have carpets." I used to say to my wife, "Remove your carpets from my sight," but she would say, "Didn't the Prophet tell you that you would soon have carpets?" So I would give up my request.

He (Abu Dawud) said : The version of this tradition reported by Bishr has the chain: Humaid reported from Bakr.

Who had taken part in the battle of Badr with Allah's Apostle and had been amongst his companions on the night of Al-`Aqaba Pledge: Allah's Apostle, surrounded by a group of his companions said, "Come along and give me the pledge of allegiance that you will not worship anything besides Allah, will not steal, will not commit illegal sexual intercourse will not kill your children, will not utter; slander, invented by yourself, and will not disobey me if I order you to do something good. Whoever among you will respect and fulfill this pledge, will be rewarded by Allah. And if one of you commits any of these sins and is punished in this world then that will be his expiation for it, and if one of you commits any of these sins and Allah screens his sin, then his matter, will rest with Allah: If He will, He will punish him and if He will,. He will excuse him." So I gave the pledge of allegiance to him for these conditions.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "There is nothing that Allah does not like to be pardoned as long as it is not a hadd."

Yahya said that Malik said, "The sunna with us is that the hadd is obliged against anyone who drinks something intoxicating whether or not he becomes drunk."

Yahya related to me from Malik that he had heard that Anas ibn Malik used to pay fidya when he had grown old and could no longer manage to do the fast.

Malik said, "I do not consider that to do so is obligatory, but what I like most is that a man does the fast when he is strong enough. Whoever pays compensation gives one mudd of food in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

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."

Sa'id b. Jubair reported that he observed the sunset and 'Isha' prayers at Muzdalifa with (one) iqama. He narrated on the authority of Ibn 'Umar (Allah be pleased with them) that he observed prayers like this and Ibn 'Umar (Allah be pleased with them) narrated that Allah's Apostle (may peace be upon him) did like this.

I heard Sa`id bin Zaid bin `Amr bin Nufail saying in the mosque of Al-Kufa. "By Allah, I have seen myself tied and forced by `Umar to leave Islam before `Umar himself embraced Islam. And if the mountain of Uhud could move from its place for the evil which you people have done to `Uthman, then it would have the right to move from its place."

I asked Az-Zuhri, "Which of the wives of the Prophet sought refuge with Allah from him?" He said "I was told by 'Urwa that `Aisha said, 'When the daughter of Al-Jaun was brought to Allah's Apostle (as his bride) and he went near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with The Great; return to your family."

that Abu Sa`id Al-Khudri said to him, "I see that you like sheep and the desert, so when you are looking after your sheep or when you are in the desert and want to pronounce the Adhan, raise your voice, for no Jinn, human being or any other things hear the Mu`adh-dhin's voice but will be a witness for him on the Day of Resurrection." Abu Sa`id added, "I heard this from Allah's Apostle."

Malik related to me from AIqama ibn Abi Alqama that his mother said that she had heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "The Messenger of Allah, may Allah bless him and grant him peace, rose one night and put on his clothes and then went out. I ordered my slave-girl, Barira, to follow him, and she followed him until he got to al-Baqi. He stood near it as long as Allah willed and then he left. Barira arrived back before him and told me and I did not say anything to him until morning, and then I mentioned it to him and he explained, 'I was sent out to the people of al-Baqi to pray for them.' "

"Allah's Apostle gave the land of Khaibar to the Jews to work on and cultivate and take half of its yield. Ibn `Umar added, "The land used to be rented for a certain portion (of its yield)." Nafi` mentioned the amount of the portion but I forgot it. Rafi` bin Khadij said, "The Prophet forbade renting farms." Narrated 'Ubaidullah Nafi` said: Ibn `Umar said: (The contract of Khaibar continued) till `Umar evacuated the Jews (from Khaibar).

That Abu Sa`id Al-Khudri said to his father. "I see you are fond of sheep and the desert, so when you want to pronounce the Adhan, raise your voice with it for whoever will hear the Adhan whether a human being, or a Jinn, or anything else, will bear witness, in favor on the Day of Resurrection." Abu Sa`id added, "I have heard this from Allah's Apostle ."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

When the deputation of Thaqif came to the Messenger of Allah (saws), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Messenger of Allah (saws) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab had a dispute brought to him between a muslim and a jew. Umar saw that the right belonged to the jew and decided in his favour. The jew said to him, "By Allah! You have judged correctly.'' So Umar ibn al-Khattab struck him with a whip and said, "How can you be sure." The jew said to him, "We find that there is no judge who judges correctly but that there is an angel on his right side and an angel on his left side who guide him and give him success in the truth as long as he is with the truth. When he leaves the truth, they rise and leave him."

Rifa`a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet and said that her new husband did not approach her, and that he was completely impotent. The Prophet said (to her), "No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).

Allah's Apostle said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."