"The Messenger of Allah (saws) prohibited the Gharar sale, and the Hasah sale."

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Abu Sa'eed, and Anas.

[Abu 'Eisa said:] This Hadith of Abu Hurairah is Hasan Sahih Hadith.

This Hadith is acted upon according to the people of knowledge, they dislike the Gharar. Ash-Shafi'i said: "The Gharar sale includes selling fish that are in the wate, selling a slave that has escaped, selling birds that are in the sky, and similar type of sales. And the meaning of Hasah sale is when the seller says to the buyer: 'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munabadhah and this is one of the selling practices of the people of Jahiliyyah."

Yahya related to me from Malik, from Ibn Shihab, that Muhammad ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told him that he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only someone who is ignorant of what Allah, the Exalted and Glorified, says would do that." Whereupon Sad said, "How wrong is what you have just said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab forbade that," and Sad said, "The Messenger of Allah, may Allah bless him and grant him peace, did it, and we did it with him."

The Prophet (saws) said: Allah, Most High, has removed from you the pride of the pre-Islamic period and its boasting in ancestors. One is only a pious believer or a miserable sinner. You are sons of Adam, and Adam came from dust. Let the people cease to boast about their ancestors. They are merely fuel in Jahannam; or they will certainly be of less account with Allah than the beetle which rolls dung with its nose.

The Prophet came out to inform us about the Night of Qadr but two Muslims were quarreling with each other. So, the Prophet said, "I came out to inform you about the Night of Qadr but such-and-such persons were quarreling, so the news about it had been taken away; yet that might be for your own good, so search for it on the 29th, 27th and 25th (of Ramadan).

Allah's Apostle said, "Search for the Night of Qadr in the odd nights of the last ten days of Ramadan."

Allah's Apostle went out to inform the people about the (date of the Night of decree (Al-Qadr). There happened a quarrel between two Muslim men. The Prophet said, "I came out to inform you about the Night of Al-Qadr, but as so-and-so and so-and-so quarrelled, so the news about it had been taken away; and may be it was better for you. So look for it in the ninth, the seventh, or the fifth (of the last ten days of Ramadan).

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

Yahya related to me from Malik that he had heard that the people of knowledge did not disapprove of people fasting using tooth-sticks at any hour of the day in Ramadan, whether at the beginning or the end, nor had he heard any of the people of knowledge disapproving of or forbidding the practice.

Yahya said that he heard Malik say, about fasting for six days after breaking the fast at the end of Ramadan, that he had never seen any of the people of knowledge and fiqh fasting them. He said, "I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it and they are afraid that it might become a bida and that common and ignorant people might join to Ramadan what does not belong to it, if they were to think that the people of knowledge had given permission for that to be done and were seen doing it.

Yahya said that he heard Malik say, "I have never heard any of the people of knowledge and fiqh and those whom people take as an example forbidding fasting on the day of jumua. Fasting on it is good, and I have seen one of the people of knowledge fasting it, and it seemed to me that he was keen to do so."

Yahya related to me from Malik from Jafar ibn Muhammad from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, walked when he came down from Safa and Marwa and then, when he reached the middle of the valley, he broke into a light run until he had left it.

Malik said, about a man who, out of ignorance, did the say between Safa and Marwa before he had done tawaf of the House, "He should go back and do tawaf of the House and then do say between Safa and Marwa. If he does not learn about this until he has left Makka and is far away, he should return to Makka and do tawaf of the House and say between Safa and Marwa. If in the meantime he has had intercourse with a woman he should return, and do tawaf of the House and say between Safa and Marwa so that he completes what he owes of that umra. Then, after that, he has to do another umra and offer a sacrificial animal ."

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

The people (of the Pre-Islamic Period) used to think that to perform `Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) `Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul- Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for `Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)."

The Prophet established the right of Shu'fa (i.e. Preemption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.

Allah's Apostle gave preemption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.