Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

The Prophet delivered the Khutba on the day of Nahr (`Id-ul-Adha) and said, "The first thing we should do on this day of ours is to pray and then return and slaughter (our sacrifices). So anyone who does so he acted according to our Sunna; and whoever slaughtered before the prayer then it was just meat that he offered to his family and would not be considered as a sacrifice in any way. My uncle Abu Burda bin Niyyar got up and said, "O, Allah's Apostle! I slaughtered the sacrifice before the prayer but I have a young she-goat which is better than an older sheep." The Prophet said, "Slaughter it in lieu of the first and such a goat will not be considered as a sacrifice for anybody else after you."

Allah's Apostle was cupped on the middle of his head at Lahl Jamal on his way to Mecca while he was in a state of Ihram. Narrated Ibn `Abbas: Allah's Apostle was cupped on his head.

Allah's Apostle forbade Al-Wisal in fasting. So, one of the Muslims said to him, "But you practice Al- Wisal. O Allah's Apostle!" The Prophet replied, "Who amongst you is similar to me? I am given food and drink during my sleep by my Lord." So, when the people refused to stop Al-Wisal (fasting continuously), the Prophet fasted day and night continuously along with them for a day and then another day and then they saw the crescent moon (of the month of Shawwal). The Prophet said to them (angrily), "If It (the crescent) had not appeared, I would have made you fast for a longer period." That was as a punishment for them when they refused to stop (practicing Al-Wisal).

It is a sign of having knowledge that, when you do not know something, you say: 'Allah knows better.' Allah said to his Prophet: 'Say: No wage do I ask of you for this (Qur'an), nor am I one of the pretenders (a person who pretends things which do not exist)' (38.86) When the Quraish troubled and stood against the Prophet he said, "O Allah! Help me against them by afflicting them with seven years of famine like the seven years of Joseph." So they were stricken with a year of famine during which they ate bones and dead animals because of too much suffering, and one of them would see something like smoke between him and the sky because of hunger. Then they said: Our Lord! Remove the torment from us, really we are believers. (44.12) And then it was said to the Prophet (by Allah), "If we remove it from them. they will revert to their ways (of heathenism)." So the Prophet invoked his Lord, who removed the punishment from them, but later they reverted (to heathenism), whereupon Allah punished them on the day of the Battle of Badr, and that is what Allah's Statement indicates: 'Then watch for the day that the sky will bring forth a kind of smoke plainly visible...we will indeed (then) exact retribution.' (44.10).

One of `Abdullah's sons said to `Abdullah (bin `Umar) "I wish you would stay this year (and not perform Hajj) as I am afraid that you will not be able to reach the Ka`ba." On that he (i.e. `Abdullah bin `Umar) said, "We went out with the Prophet (for `Umra), and when the Quraish infidel intervened between us and the Ka`ba, the Prophet slaughtered his Hadi and shaved (his head), and his companions cut short their hair." Then `Abdullah bin `Umar said, "I make you witness that I have intended to perform `Umra and if I am allowed to reach the Ka`ba, I will perform the Tawaf, and if something (i.e. obstacles) intervene between me and the Ka`ba, then I will do what Allah's Apostle did." Then after going for a while, he said, "I consider the ceremonies (of both `Umra and Hajj as one and the same, so I would like you to witness that I have intended to perform Hajj along with my `Umra." So he performed only one Tawaf and one Sai (between Safa and Marwa) and finished the Ihram of both Umra and Hajj).

The Prophet said, "On the day of Resurrection Allah will say, 'O Adam!' Adam will reply, 'Labbaik our Lord, and Sa`daik ' Then there will be a loud call (saying), Allah orders you to take from among your offspring a mission for the (Hell) Fire.' Adam will say, 'O Lord! Who are the mission for the (Hell) Fire?' Allah will say, 'Out of each thousand, take out 999.' At that time every pregnant female shall drop her load (have a miscarriage) and a child will have grey hair. And you shall see mankind as in a drunken state, yet not drunk, but severe will be the torment of Allah." (22.2) (When the Prophet mentioned this), the people were so distressed (and afraid) that their faces got changed (in color) whereupon the Prophet said, "From Gog and Magog nine-hundred ninety-nine will be taken out and one from you. You Muslims (compared to the large number of other people) will be like a black hair on the side of a white ox, or a white hair on the side of a black ox, and I hope that you will be onefourth of the people of Paradise." On that, we said, "Allahu-Akbar!" Then he said, "I hope that you will be) one-third of the people of Paradise." We again said, "Allahu-Akbar!" Then he said, "(I hope that you will be) one-half of the people of Paradise." So we said, Allahu Akbar."

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have ...

Allah's Apostle said, "Amongst the trees, there is a tree, the leaves of which do not fall and is like a Muslim. Tell me the name of that tree." Everybody started thinking about the trees of the desert areas. And I thought of the date-palm tree but felt shy to answer the others then asked, "What is that tree, O Allah's Apostle ?" He replied, "It is the date-palm tree."

The news of my daily fasting and praying every night throughout the night reached the Prophet. So he sent for me or I met him, and he said, "I have been informed that you fast everyday and pray every night (all the night). Fast (for some days) and give up fasting (for some days); pray and sleep, for your eyes have a right on you, and your body and your family (i.e. wife) have a right on you." I replied, "I have more power than that (fasting)." The Prophet said, "Then fast like the fasts of (the Prophet) David". I said, "How?" He replied, "He used to fast on alternate days, and he used not to flee on meeting the enemy." I said, "From where can I get that chance?" (`Ata' said, "I do not know how the expression of fasting daily throughout the life occurred.") So, the Prophet said, twice, "Whoever fasts daily throughout his life is just as the one who does not fast at all."

A man said to the Prophet (p.b.u.h), "My mother died suddenly and I thought that if she had lived she would have given alms. So, if I give alms now on her behalf, will she get the reward?" The Prophet replied in the affirmative.

I asked the Prophet whether the round wall (near Ka`ba) was part of the Ka`ba. The Prophet replied in the affirmative. I further said, "What is wrong with them, why have they not included it in the building of the Ka`ba?" He said, "Don't you see that your people (Quraish) ran short of money (so they could not include it inside the building of Ka`ba)?" I asked, "What about its gate? Why is it so high?" He replied, "Your people did this so as to admit into it whomever they liked and prevent whomever they liked. Were your people not close to the Pre-Islamic Period of ignorance (i.e. they have recently embraced Islam) and were I not afraid that they would dislike it, surely I would have included the (area of the) wall inside the building of the Ka`ba and I would have lowered its gate to the level of the ground."

Somebody said to the Prophet (during his last Hajj), "I did the slaughtering before doing the Rami.' The Prophet beckoned with his hand and said, "There is no harm in that." Then another person said. "I got my head shaved before offering the sacrifice." The Prophet beckoned with his hand saying, "There is no harm in that."

During the affliction of Ibn Az-Zubair, two men came to Ibn `Umar and said, "The people are lost, and you are the son of `Umar, and the companion of the Prophet, so what forbids you from coming out?" He said, "What forbids me is that Allah has prohibited the shedding of my brother's blood." They both said, "Didn't Allah say, 'And fight then until there is no more affliction?" He said "We fought until there was no more affliction and the worship is for Allah (Alone while you want to fight until there is affliction and until the worship become for other than Allah." Narrated Nafi` (through another group of sub-narrators): A man came to Ibn `Umar and said, "O Abu `Abdur Rahman! What made you perform Hajj in one year and Umra in another year and leave the Jihad for Allah' Cause though you know how much Allah recommends it?" Ibn `Umar replied, "O son of my brother! Islam is founded on five principles, i.e. believe in Allah and His Apostle, the five compulsory prayers, the fasting of the month of Ramadan, the payment of Zakat, and the Hajj to the House (of Allah)." The man said, "O Abu `Abdur Rahman! Won't you listen to why Allah has mentioned in His Book: 'If two groups of believers fight each other, then make peace between them, but if one of then transgresses beyond bounds against the other, then you all fight against the one that transgresses. (49.9) and:--"And fight them till there is no more affliction (i.e. no more worshiping of others along with Allah)." Ibn `Umar said, "We did it, during the lifetime of Allah's Apostle when Islam had only a few followers. A man would be put to trial because of his religion; he would either be killed or tortured. But when the Muslims increased, there was no more afflictions or oppressions." The man said, "What is your opinion about `Uthman and `Ali?" Ibn `Umar said, "As for `Uthman, it seems that Allah has forgiven him, but you people dislike that he should be forgiven. And as for `Ali, he is the cousin of Allah's Apostle and his son-in-law." Then he pointed with his hand and said, "That is his house which you see."

Allah's Apostle said, "We (Muslims) are the last (people to come in the world) but (will be) the foremost (on the Day of Resurrection)."

Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'

Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'

''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

The Prophet said, "If Allah loves a person, He calls Gabriel saying: 'Allah loves so and so; O Gabriel, love him.' Gabriel would love him, and then Gabriel would make an announcement among the residents of the Heaven, 'Allah loves so-and-so, therefore, you should love him also.' So, all the residents of the Heavens would love him and then he is granted the pleasure of the people of the earth."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that Abdullah ibn Umar told him that he used to see Abdullah ibn Umar cross his legs in the sitting position of the prayer.He said, "So I did the same, and I was young at the time. Abdullah ibn Umar forbade me and said, 'The sunna of the prayer is that you keep your right foot vertical and lay your left foot down.' I said to him, 'But you do the same (as I did).' He said, 'My feet do not support me.' "

ahya related to me from Malik from Yahya ibn Said from Bushayr ibn Yasar that Abu Burda ibn Niyar sacrificed an animal before the Messenger of Allah, may Allah bless him and grant him peace, sacrificed on the Day of Sacrifice. He asserted that the Messenger of Allah, may Allah bless him and grant him peace, ordered him to sacrifice another animal, and he, Abu Burda, said, "What if I can only find an animal less than one year old, Messenger of Allah?" He had said, "If you can only find a young animal, then sacrifice it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Mu'awiyah said to the Companions of the Prophet (saws): Do you know that the Messenger of Allah (saws) prohibited from doing so and so (and he prohibited from) riding on the skins of leopards? They said: Yes.

He again said: You know that he prohibited combining hajj and umrah. They replied: This we do not (know). He said: This was prohibited along with other things, but you forgot.

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

The Prophet had a golden ring made for himself, and when he wore it. he used to turn its stone toward the palm of his! hand. So the people too had gold made for themselves. The Prophet then ascended the pulpit, and after glorifying and praising Allah, he said, "I had it made for me, but now I will never wear it again." He threw it away, and then the people threw away their rings too. (Juwairiya, a subnarrator, said: I think Anas said that the Prophet was wearing the ring in his right hand.)

Allah's Apostle said, "Shall I not tell you about the Dajjal a story of which no prophet told his nation? The Dajjall is one-eyed and will bring with him what will resemble Hell and Paradise, and what he will call Paradise will be actually Hell; so I warn you (against him) as Noah warned his nation against him."

Once we were in the house of Abu Musa who presented a meal containing cooked chicken. A man from the tribe of Bani Taim Allah with red complexion as if he were from the Byzantine war prisoners, was present. Abu Musa invited him to share the meal but he (apologised) saying. "I saw chickens eating dirty things and so I have had a strong aversion to eating them, and have taken an oath that I will not eat chickens." Abu Musa said, "Come along, I will tell you about this matter (i.e. how to cancel one's oath). I went to the Prophet in the company of a group of Al-Ashariyin, asked him to provide us with means of conveyance. He said, 'By Allah, I will not provide you with any means of conveyance and I have nothing to make you ride on.' Then some camels as booty were brought to Allah's Apostle and he asked for us saying. 'Where are the group of Al-Ash`ariyun?' Then he ordered that we should be given five camels with white humps. When we set out we said, 'What have we done? We will never be blessed (with what we have been given).' So, we returned to the Prophet and said, 'We asked you to provide us with means of conveyance, but you took an oath that you would not provide us with any means of conveyance. Did you forget (your oath when you gave us the camels)? He replied. 'I have not provided you with means of conveyance, but Allah has provided you with it, and by Allah, Allah willing, if ever I take an oath to do something, and later on I find that it is more beneficial to do something different, I will do the thing which is better, and give expiation for my oath."

Malik related to me from Muhammad ibn Amr ibn Alqama from his father from Bilal ibn al-Harith al-Muzani that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man speaks what is pleasing to Allah and he does not suspect that it will have the result that it does, and Allah will write for him His good pleasure for it until the day when he meets Him. And a man speaks what excites the wrath of Allah and he does not suspect that it will have the result that it does, and Allah will write His wrath for him for it until the day when he meets Him."

Allah's Apostle said to Mu`adh bin Jabal when he sent him to Yemen. "You will come to the people of Scripture, and when you reach them, invite them to testify that none has the right to be worshipped except Allah and that Muhammad is His Apostle. And if they obey you in that, then tell them that Allah has enjoined on them five prayers to be performed every day and night. And if they obey you in that, then tell them that Allah has enjoined on them Sadaqa (i.e. rak`at) to be taken from the rich amongst them and given to the poor amongst them. And if they obey you in that, then be cautious! Don't take their best properties (as Zakat) and be afraid of the curse of an oppressed person as there is no screen between his invocation and Allah.

Allah , the Exalted said: I made five times' prayers obligatory on your people, and I took a guarantee that if anyone observes them regularly at their times, I shall admit him to Paradise; if anyone does not offer them regularly, there is no such guarantee of Mine for him.