Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

The Prophet (saws) forbade the sale of fruits till they were clearly in good condition , and (ordered that) they should not be sold but for dinar or dirham except Araya.

The Prophet (saws) said: If anyone cares for three daughters, disciplines them, marries them, and does good to them, he will go to Paradise.

Yahya said that Malik said that Hisham ibn Urwa ibn az-Zubayr had said, "I do not think that kissing invites to good for people who are fasting."

The Prophet used to start every thing from the right (for good things) whenever it was possible in all his affairs; for example: in washing, combing or wearing shoes.

The Prophet had forbidden the sale of dates till they were good (ripe), and when it was asked what it meant, the Prophet said, "Till there is no danger of blight."

Abu Musa reported that Allah's Messenger (may peace be upon him) said about one who emancipated a slave woman, and then married her, that for him there are two rewards.

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) forbidding the sale of fruit until its good condition is obvious.

That the Messenger of Allah (saws) said: "Whoever kills someone in battle, having a proof for that, then his goods are his."

[Abu 'Eisa said:] There is a story with this Hadith.

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

I was present at the gathering of Banu Salamah, and I was the youngest of them.

They (the people) said: Who will ask the Messenger of Allah (saws) for us about Laylat al-Qadr? That was the twenty-first of Ramadan. I went out and said the sunset prayer along with the Messenger of Allah (saws). I then stood at the door of his house.

He passed by me and said: Come in. I entered (the house) and dinner was brought for him. I was prevented from taking food as it was scanty.

When he finished his dinner, he said to me: Give me my shoes. He then stood up and I also stood up with him. He said: Perhaps you have some business with me.

I said: Yes. Some people of Banu Salamah have sent me to you to ask you about Laylat al-Qadr. He asked: Which night: Is it tonight?

I said: Twenty-second. He said: This is the very night. He then withdrew and said: Or the following night, referring to the twenty-third night.

Abu Dawud said: The solitary point in this tradition (not supported by other traditions) is the report about the signet-ring.

It was narrated that al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari heard ‘Umar say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratul Furqan... and he mentioned a similar hadeeth.

(The clerk of Al-Mughira) Muawiya wrote to Al-Mughira 'Write to me what you have heard from Allah's Apostle.' So he (Al-Mughira) wrote to him: Allah's Prophet used to say at the end of each prayer: "La ilaha illalla-h wahdahu la sharika lahu, lahul Mulku, wa lahul Hamdu wa hula ala kulli shai'in qadir. 'Allahumma la mani' a lima a'taita, wala mu'tiya lima mana'ta, wala yanfa'u dhuljadd minkal-jadd." He also wrote to him that the Prophet used to forbid (1) Qil and Qal (idle useless talk or that you talk too much about others), (2) Asking too many questions (in disputed Religious matters); (3) And wasting one's wealth by extravagance; (4) and to be undutiful to one's mother (5) and to bury the daughters alive (6) and to prevent your favors (benevolence to others (i.e. not to pay the rights of others (7) And asking others for something (except when it is unavoidable).

Yahya related to me from Malik from Nafi', the mawla of Abdullah ibn Umar, that Umar ibn al-Khattab wrote to his governors saying, "The most important of your affairs in my view is the prayer. Whoever protects it and observes it carefully is protecting his deen, while whoever is negligent about it will be even more negligent about other things." Then he added, "Pray dhuhr any time from when the afternoon shade is the length of your forearm until the length of your shadow matches your height. Pray asr when the sun is still pure white, so that a rider can travel two or three farsakhs before the sun sets. Pray maghrib when the sun has set. Pray isha any time from when the redness in the western sky has disappeared until a third of the night has passed - and a person who sleeps, may he have no rest, a person who sleeps, may he have no rest. And pray subh when all the stars are visible and like a haze in the sky."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw the House deserted both after subh and asr, with no-one doing tawaf."

Malik said, "If someone does some of his circuits and then the subh or asr prayer is begun, he should pray with the imam and then complete the rest of his circuits but should not pray at all until the sun has either risen or set "

He added, "There is no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf after subh or after asr, not to do more than one group of seven circuits, and then as long as he delays the two rakas until after the sun has risen, as Umar ibn al-Khattab did, or he delays them until after the sun has set if it is after asr. Then when the sun has set he can pray them if he wants, or, if he wants, he can delay them until after he has prayed maghrib. There is no harm in that."

Once Allah's Apostle; offered the morning prayer and then faced the people and said, "While a man was driving a cow, he suddenly rode over it and beat it. The cow said, "We have not been created for this, but we have been created for sloughing." On that the people said astonishingly, "Glorified be Allah! A cow speaks!" The Prophet said, "I believe this, and Abu Bakr and `Umar too, believe it, although neither of them was present there. While a person was amongst his sheep, a wolf attacked and took one of the sheep. The man chased the wolf till he saved it from the wolf, where upon the wolf said, 'You have saved it from me; but who will guard it on the day of the wild beasts when there will be no shepherd to guard them except me (because of riots and afflictions)? ' " The people said surprisingly, "Glorified be Allah! A wolf speaks!" The Prophet said, "But I believe this, and Abu Bakr and `Umar too, believe this, although neither of them was present there." (See the Foot-note of page No. 10 Vol.5)

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

When the Messenger of Allah (saws) put on a new garment he mentioned it by name, turban or shirt, and would then say: O Allah, praise be to Thee! as Thou hast clothed me with it, I ask Thee for its good and the good of that for which it was made, and I seek refuge in Thee from its evil and the evil of that for which it was made.

Abu Nadrah said: When any of the Companions of the Prophet (saws) put on a new garment, he was told: May you wear it out and may Allah give you another in its place.

That the Messenger of Allah (saws) said: "Goodness will remain in the forelocks of horses until the Day of Judgement: (They bring about) Rewards and spoils of war."

[Abu 'Eisa said:] There are narrations on this topic from Ibn 'Umar, Abu Sa'eed, Jarir, Abu Hurairah, Asma' bin Yazid, Al-Mughira bin Shu'bah, and Jabir.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. 'Urwah is Ibn Al-Ja'd Al-Bariqi, and they say he is 'Urwah bin Al-Ja'd. Ahmad bin Hanbal said: "The Fiqh of this Hadith is that Jihad is with every Imam until the Day of Judgement."

The Messenger of Allah (saws) said: By his good character a believer will attain the degree of one who prays during the night and fasts during the day.

The Prophet said, "If any Muslim plants any plant and a human being or an animal eats of it, he will be rewarded as if he had given that much in charity."

I heard Allah's Apostle saying, "whoever desires an expansion in his sustenance and age, should keep good relations with his Kith and kin."

`Abdullah said, "Whenever we prayed behind the Prophet we used to recite (in sitting) 'Peace be on Gabriel, Michael, peace be on so and so. Once Allah's Apostle looked back at us and said, 'Allah Himself is As-Salam (Peace), and if anyone of you prays then he should say, at-Tahiyatu li l-lahi wa ssalawatu wa t-taiyibat. As-salamu `alalika aiyuha n-Nabiyu wa rahmatu l-lahi wa barakatuh. Assalamu `alaina wa `ala `ibadi l-lahi s-salihin. (All the compliments, prayers and good things are due to Allah; peace be on you, O Prophet, and Allah's mercy and blessings [be on you]. Peace be on us an on the pious subjects of Allah). (If you say that, it will reach all the subjects in the heaven and the earth). Ash-hadu al-la ilaha illa l-lah, wa ash-hadu anna Muhammadan `Abduhu wa Rasuluh. (I testify that there is no Deity [worthy of worship] but Allah, and I testify that Muhammad is His slave and His Apostle).

The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Ibn Umar was sent with a detachment of the Messenger of Allah (saws). The people wheeled round in flight. He said: I was one of those who wheeled round in flight. When we stopped, we said (i.e. thought): How should we do? We have run away from the battlefield and deserve Allah's wrath. Then we said (thought): Let us enter Medina, stay there, and go there while no one sees us. So we entered (Medina) and thought: If we present ourselves before the Messenger of Allah (saws), and if there is a change of repentance for us, we shall stay; if there is something else, we shall go away. So we sat down (waiting) for the Messenger of Allah (saws) before the dawn prayer. When he came out, we stood up to him and said: We are the ones who have fled. He turned to us and said: No, you are the ones who return to fight after wheeling away. We then approached and kissed his hand, and he said; I am the main body of the Muslims.