Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah, may Allah bless him and grant him peace, with a black slave- girl of his. He said, "Messenger of Allah, I must set a slave free who is a mumina. If you think that she is mumina, I will free her." The Messenger of Allah, may Allah bless him and grant him peace, questioned her, "Do you testify that there is no god but Allah?" She said, "Yes." "Do you testify that Muhammad is the Messenger of Allah?" She said, "Yes." "Are you certain about the rising after death?" She said, "Yes." The Messenger of Allah, may Allah bless him and grant him peace, said, "Free her."

We went to pay a visit to Khabbab (who was sick) and he had been branded (cauterized) at seven places in his body. He said, "Our companions who died (during the lifetime of the Prophet) left (this world) without having their rewards reduced through enjoying the pleasures of this life, but we have got (so much) wealth that we find no way to spend It except on the construction of buildings Had the Prophet not forbidden us to wish for death, I would have wished for it.' We visited him for the second time while he was building a wall. He said, A Muslim is rewarded (in the Hereafter) for whatever he spends except for something that he spends on building."

I said, "O Allah's Apostle! Who will be the luckiest person who will gain your intercession on the Day of Resurrection?" The Prophet said, "O Abu Huraira! I have thought that none will ask me about this Hadith before you, as I know your longing for the (learning of) Hadiths. The luckiest person who will have my intercession on the Day of Resurrection will be the one who said, 'None has the right to be worshipped but Allah,' sincerely from the bottom of his heart."

I said: "O Allah's Apostle! Who will be the luckiest person, who will gain your intercession on the Day of Resurrection?" Allah's Apostle said: O Abu Huraira! "I have thought that none will ask me about it before you as I know your longing for the (learning of) Hadiths. The luckiest person who will have my intercession on the Day of Resurrection will be the one who said sincerely from the bottom of his heart "None has the right to be worshipped but Allah."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

The Messenger of Allah (saws) sacrificed a cow for his wives who had performed umrah.

Malik said that he meant someone who, when he prostrated, kept his body close to the ground.

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

(the wife of the Prophet) "When the ailment of Allah's Apostle became aggravated, he requested his wives to permit him to be (treated) nursed in my house, and they gave him permission. He came out (to my house), walking between two men with his feet dragging on the ground, between `Abbas bin `Abdul--Muttalib and another man" 'Ubaidullah said, "I told `Abdullah of what `Aisha had said, `Abdullah bin `Abbas said to me, 'Do you know who is the other man whom `Aisha did not name?' I said, 'No.' Ibn `Abbas said, 'It was `Ali bin Abu Talib." `Aisha, the wife of the Prophet used to narrate saying, "When Allah's Apostle entered my house and his disease became aggravated, he said, " Pour on me the water of seven water skins, the mouths of which have not been untied, so that I may give advice to the people.' So we let him sit in a big basin belonging to Hafsa, the wife of the Prophet and then started to pour water on him from these water skins till he started pointing to us with his hands intending to say, 'You have done your job." `Aisha added, "Then he went out to the people and led them in prayer and preached to them."

The Prophet said Allah will give shade to seven (types of people) under His Shade (on the Day of Resurrection). (one of them will be) a person who remembers Allah and his eyes are then flooded with tears.

Allah 's Apostle said, "Allah curses the thief who steals an egg (or a helmet) for which his hand is to be cut off, or steals a rope, for which his hand is to be cut off."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

The Prophet (saws) said: To begin with, anyone who conceals one who has been dishonest about booty is like him.

The Messenger of Allah (saws) said: He who washes the dead should take a bath, and he who carries him should perform ablution.

Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, "What's the matter with men who have intercourse with their slave- girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her."

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."

Once on a rainy muddy day, Ibn `Abbas delivered a sermon in our presence and when the Mu'adhdhin pronounced the Adhan and said, "Haiyi `ala-s-sala(t) (come for the prayer)" Ibn `Abbas ordered him to say 'Pray at your homes.' The people began to look at each other (surprisingly). Ibn `Abbas said. "It was done by one who was much better than I (i.e. the Prophet or his Mu'adh-dhin), and it is a license.'

From his grandmother Kabshah who said: "The Messenger of Allah (saws) entered upon me. He drank from a hanging water-skin while standing. So I went to its mouth and cut it off."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. Yazid bin Yazid bin Jabir is the brother of 'Adbur-Rahman bin Yazid bin Jabir. He died earlier than him.

AbuSalih al-Ghifari reported: Ali (once) passed by Babylon during his travels. The mu'adhdhin (the person who calls for prayer) came to him to call for the afternoon prayer. When he passed by that place, he commanded to announce for the prayer. After finishing the prayer he said: My affectionate friend (i.e. the Prophet) prohibited me to say prayer in the graveyard. He also forbade me to offer prayer in Babylon because it is accursed.

The Messenger of Allah (saws) entered the mosque and saw a man who had finished his prayer, and was reciting the tashahhud saying: O Allah, I ask you, O Allah, the One, the eternally besought of all, He begetteth not, nor was He begotten, and there is none comparable unto Him, that you may forgive me my sins, you are Most Forgiving, Merciful.

He (the Prophet) said: He was forgiven (repeating three times.)

That he heard As-Sa'b bin Jath-thama Al-Laithi, who was one of the companions of the Prophet, saying that he gave the meat of an onager to Allah's Apostle while he was at a place called Al-Abwa' or Waddan, and was in a state of Ihram. The Prophet did not accept it. When the Prophet saw the signs of sorrow on As-Sa'b's face because of not accepting his present, he said (to him), "We are not returning your present, but we are in the state of Ihram." (See Hadith No. 747)

The Prophet heard a man (reciting Qur'an) in the Mosque, and he said, "May Allah bestow His Mercy upon him. No doubt, he made me remember such-and such Verses of such-and-such Sura which I dropped (from my memory). Narrated Aisha: The Prophet performed the Tahajjud prayer in my house, and then he heard the voice of `Abbad who was praying in the Mosque, and said, "O `Aisha! Is this `Abbad's voice?" I said, "Yes." He said, "O Allah! Be merciful to `Abbad!"

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

The Prophet (saws) said: When you make requests to Allah, do so with the palms of your hands, and not backs, upwards.

Abu Dawud said: The narrator Sulaiman b. 'Abd al-Hamid said: according to us Malik b. Yasar was a Companion of the Prophet (saws).

A man came to Prophet (saws) and said: Messenger of Allah, my sister has taken a vow to perform hajj on foot. The Prophet (saws) said: Allah gets no good from the affliction your sister imposed on herself, so let her perform hajj riding and make atonement for her oath.

I heard the Messenger of Allah, (saws) say: When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz decided in a case to make a reduction for crop damage.

Malik said, "That is what we do in the situation."

Malik added, "Crop damage is whatever causes loss of a third or more for the purchaser. Anything less is not counted as crop damage."

That while he was reciting Surat Al-Baqara (The Cow) at night, and his horse was tied beside him, the horse was suddenly startled and troubled. When he stopped reciting, the horse became quiet, and when he started again, the horse was startled again. Then he stopped reciting and the horse became quiet too. He started reciting again and the horse was startled and troubled once again. Then he stopped reciting and his son, Yahya was beside the horse. He was afraid that the horse might trample on him. When he took the boy away and looked towards the sky, he could not see it. The next morning he informed the Prophet who said, "Recite, O Ibn Hudair! Recite, O Ibn Hudair!" Ibn Hudair replied, "O Allah's Apostle! My son, Yahya was near the horse and I was afraid that it might trample on him, so I looked towards the sky, and went to him. When I looked at the sky, I saw something like a cloud containing what looked like lamps, so I went out in order not to see it." The Prophet said, "Do you know what that was?" Ibn Hudair replied, "No." The Prophet said, "Those were Angels who came near to you for your voice and if you had kept on reciting till dawn, it would have remained there till morning when people would have seen it as it would not have disappeared.

"The Prophet went out to the Musalla to offer the Istisqa' prayer, faced the Qibla and offered a two rak`at prayer and turned his cloak inside out." Narrated Abu Bakr, "The Prophet put the right side of his cloak on his left side."

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr ibn Sulaym az-Zuraqi."

regarding the explanation of the Verse:-- '(O Muhammad!) Neither say your prayer aloud, nor say it in a low tone.' (17.110) This Verse was revealed while Allah's Apostle was hiding himself at Mecca. At that time, when he led his companions in prayer, he used to raise his voice while reciting the Qur'an; and if the pagans heard him, they would abuse the Qur'an, its Revealer, and the one who brought it. So Allah said to His Prophet: "Neither say your prayer aloud. i.e., your recitation (of Qur'an) lest the pagans should hear (it) and abuse the Qur'an" nor say it in a low tone, "lest your voice should fail to reach your companions, "but follow a way between." (17.110)

I saw Allah's Apostle in a red leather tent and I saw Bilal taking the remaining water with which the Prophet had performed ablution. I saw the people taking the utilized water impatiently and whoever got some of it rubbed it on his body and those who could not get any took the moisture from the others' hands. Then I saw Bilal carrying a short spear (or stick) which he planted in the ground. The Prophet came out tucking up his red cloak, and led the people in prayer and offered two rak`at (facing the Ka`ba) taking a short spear (or stick) as a Sutra for his prayer. I saw the people and animals passing in front of him beyond the stick.

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

Yahya related to me, and I (myself) heard Malik say, "The best that I have heard about some one who has to fast for two consecutive months because of having killed someone by mistake or having pronounced the dhihar form of divorce, becoming very ill and having to break his fast, is that if he recovers from his illness and is strong enough to fast, he must not delay doing so. He continues his fast from where he left off.

Similarly, a woman who has to fast because of having killed some one by mistake should not delay resuming her fast when she has become pure after her period. She continues her fast from where she left off.

No one who, by the Book of Allah, has to fast for two consecutive months may break his fast except for a reason - illness or menstruation. He must not travel and break his fast."

Malik said, "This is the best that I have heard about the matter."

Allah's Apostle said, "Moses was a shy man, and that is what the Statement of Allah means: 'O you who believe Be not like those who annoyed Moses, but Allah proved his innocence of that which they alleged and he was honorable in Allah's Sight.' (33.69)

The Messenger of Allah (saws) would not say funeral prayer over a person who died while the debt was due from him. A dead Muslim was brought to him and he asked: Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: Pray yourselves over your companion.

Then AbuQatadah al-Ansari said: I shall pay them, Messenger of Allah. The Messenger of Allah (saws) then prayed over him.

When Allah granted conquests to the Messenger of Allah (saws), he said: I am nearer to every believer than himself, so if anyone (dies and) leaves a debt, I shall be responsible for paying it; and if anyone leaves property, it goes to his heirs.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

While I was praying, Allah's Apostle passed me and called me, but I did not go to him until I had finished the prayer. Then I went to him, and he said, "What prevented you from coming to me? Didn't Allah say:-- "O you who believe! Answer the call of Allah (by obeying Him) and His Apostle when He calls you?" He then said, "I will inform you of the greatest Sura in the Qur'an before I leave (the mosque)." When Allah's Apostle got ready to leave (the mosque), I reminded him. He said, "It is: 'Praise be to Allah, the Lord of the worlds.' (i.e. Surat-al-Fatiha) As-sab'a Al-Mathani (the seven repeatedly recited Verses).