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. ...

Ibn `Abbas said, "Allah's Apostle said, 'Do not go to meet the caravans on the way (for buying their goods without letting them know the market price); a town dweller should not sell the goods of a desert dweller on behalf of the latter.' I asked Ibn `Abbas, 'What does he mean by not selling the goods of a desert dweller by a town dweller?' He said, 'He should not become his broker.' "

Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers

"Hint your intention of marrying' is made by saying (to the widow) for example: "I want to marry, and I wish that Allah will make a righteous lady available for me.' " Al-Qasim said: One may say to the widow: 'I hold all respect for you, and I am interested in you; Allah will bring you much good, or something similar 'Ata said: One should hint his intention, and should not declare it openly. One may say: 'I have some need. Have good tidings. Praise be to Allah; you are fit to remarry.' She (the widow) may say in reply: I am listening to what you say,' but she should not make a promise. Her guardian should not make a promise (to somebody to get her married to him) without her knowledge. But if, while still in the Iddat period, she makes a promise to marry somebody, and he ultimately marries her, they are not to be separated by divorce (i.e., the marriage is valid).

That the Messenger of Allah (saws) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say that a woman in ihram should wear neither a veil nor gloves.

Note: The majority of scholars interpret this to mean that these things in and of themselves do not transmit or cause harm through supernatural or hidden means but that Allah is ultimately in control and any fearful superstition around these is false.

I followed the Prophet while he was going out to answer the call of nature. He used not to look this way or that. So, when I approached near him he said to me, "Fetch for me some stones for ' cleaning the privates parts (or said something similar), and do not bring a bone or a piece of dung." So I brought the stones in the corner of my garment and placed them by his side and I then went away from him. When he finished (from answering the call of nature) he used, them .

Allah's Apostle said, "When the (upper) edge of the sun appears (in the morning), don't perform a prayer till the sun appears in full, and when the lower edge of the sun sets, don't perform a prayer till it sets completely. And you should not seek to pray at sunrise or sunset for the sun rises between two sides of the head of the devil (or Satan).

The Prophet said, "The poor person is not the one for whom a date or two or a morsel or two (of food is sufficient but the poor person is he who does not (beg or) ask the people (for something) or show his poverty at all. Recite if you wish, (Allah's Statement): "They do not beg of people at all." (2.273)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

Ibn `Umar never offered the Duha prayer except on two occasions: (1) Whenever he reached Mecca; and he always used to reach Mecca in the forenoon. He would perform Tawaf round the Ka`ba and then offer two rak`at at the rear of Maqam Ibrahim. (2) Whenever he visited Quba, for he used to visit it every Saturday. When he entered the Mosque, he disliked to leave it without offering a prayer. Ibn `Umar narrated that Allah's Apostle used to visit the Mosque of Quba (sometime) walking and (sometime) riding. And he (i.e. Ibn `Umar) used to say, "I do only what my companions used to do and I don't forbid anybody to pray at any time during the day or night except that one should not intend to pray at sunrise or sunset."

Umar bin Khattab got some land in Khaibar and he went to the Prophet to consult him about it saying, "O Allah's Apostle I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

Another chain reports a similar hadith.

[Abu Dawud].

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

The Prophet said, "It is not lawful for a lady who believes in Allah and the Last Day, to mourn for more than three days for a dead person, except for her husband, in which case she should neither put kohl in her eyes, nor perfume herself, nor wear dyed clothes, except a garment of 'Asb"

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

The Prophet (saws) said: Beware, the fanged beast of prey is not lawful, nor the domestic asses, nor the find from the property of a man with whom treaty has been concluded, except that he did not need it. If anyone is a guest of people who provide no hospitality for him, he is entitled to take from them the equivalent of the hospitality due to him.

Yahya related to me from Malik from Yazid ibn Ziyad that Muhammad ibn Kab al-Quradhi said, ''Muawiya ibn Abi Sufyan said from the mimbar, 'O people! Nothing keeps away what Allah gives and nothing gives what Allah keeps away. The earnestness of the earnest one does not profit him. When Allah desires good for him, he gives him understanding in the deen.' Then Muawiya said, 'I heard these words from the Messenger of Allah, may Allah bless him and grant him peace, on these blocks of wood.' "

The Prophet, said, "Allah said, 'I have prepared for My pious worshipers such things as no eye has ever seen, no ear has ever heard of, and nobody has ever thought of. All that is reserved, besides which, all that you have seen, is nothing." Then he recited:-- 'No soul knows what is kept hidden (in reserve) for them of joy as a reward for what they used to do.' (32.17)

The Prophet said, 'No 'Adwa (i.e. no contagious disease is conveyed to others without Allah's permission); nor (any evil omen in the month of) Safar; nor Hama" A bedouin said, "O Allah's Apostle! What about the camels which, when on the sand (desert) look like deers, but when a mangy camel mixes with them they all get infected with mange?" On that Allah s Apostle said, "Then who conveyed the (mange) disease to the first (mangy) camel?"

The Prophet (saws) was asked about a person who found moisture (on his body or clothes) but did not remember the sexual dream. He replied: He should take a bath. He was asked about a person who remembered that he had a sexual dream but did not find moisture. He replied: Bath is not necessary for him. Umm Salamah then asked: Is washing necessary for a woman if she sees that (in her dream)? He replied: Yes. Woman are counterpart of men.