Yahya related to me from Malik from Abu'z-Zinad from Kharija ibn Zayd ibn Thabit that Zayd ibn Thabit did not sell fruit until the Pleiades were visible, at the end of May.

Malik said, "The way of doing things among us about selling melons, cucumbers, water- melons, and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people, and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged, an allowance for that is deducted from the price of purchase."

I was sitting in a gathering in which there was Sa`d bin Malik and Ibn `Umar. `Abdullah bin Salam passed in front of them and they said, "This man is from the people of Paradise." I said to `Abdullah bin Salam, "They said so-and-so." He replied, "Subhan Allah! They ought not to have said things of which they have no knowledge, but I saw (in a dream) that a post was fixed in a green garden. At the top of the post there was a handhold and below it there was a servant. I was asked to climb (the post). So I climbed it till I got hold of the handhold." Then I narrated this dream to Allah's Apostle. Allah's Apostle said, "`Abdullah will die while still holding the firm reliable handhold (i.e., Islam).

Ar-Rabi, the daughter of An-Nadr broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to accept the Irsh (compensation for wounds etc.) and forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr asked, "O Allah"; Apostle! Will the tooth of Ar-Rabi` be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken." The Prophet said, "O Anas! Allah"; law ordains retaliation." Later the relatives of the girl agreed and forgave her. The Prophet said, "There are some of Allah's slaves who, if they take an oath by Allah, are responded to by Allah i.e. their oath is fulfilled). Anas added, "The people agreed and accepted the Irsh."

On the day of the Conquest of Mecca, when the Prophet had given (from the booty) the Quraish, the Ansar said, "By Allah, this is indeed very strange: While our swords are still dribbling with the blood of Quraish, our war booty are distributed amongst them." When this news reached the Prophet he called the Ansar and said, "What is this news that has reached me from you?" They used not to tell lies, so they replied, "What has reached you is true." He said, "Doesn't it please you that the people take the booty to their homes and you take Allah's Apostle to your homes? If the Ansar took their way through a valley or a mountain pass, I would take the Ansar's valley or a mountain pass."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.

Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."

Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine."

Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs."

Malik said, "All this is what we have described of muzabana."

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

In the time of the Prophet (saws) a man took a vow to slaughter a camel at Buwanah. So he came to the Prophet (saws) and said: I have taken a vow to sacrifice a camel at Buwanah.

The Prophet (saws) asked: Did the place contain any idol worshipped in pre-Islamic times?

They (the people) said: No.

He asked: Was any pre-Islamic festival observed there?

They replied: No.

The Prophet (saws) said: Fulfil your vow, for a vow to do an act of disobedience to Allah must not be fulfilled, neither must one do something over which a human being has no control.

that once he was not present (at the time of `Id-al-Adha) and when he came. some meat was presented to him. and the people said (to him), 'This is the meat of our sacrifices" He said. 'Take it away; I shall not taste it. (In his narration) Abu Sa`id added: I got up and went to my brother, Abu Qatada (who was his maternal brother and was one of the warriors of the battle of Badr) and mentioned that to him He Sa`d. 'A new verdict was given in your absence (i.e., meat of sacrifices was allowed to be stored and eaten later on).

While we were with Allah's Apostle in a holy battle, we never went up a hill or reached its peak or went down a valley but raised our voices with Takbir. Allah's Apostle came close to us and said, "O people! Don't exert yourselves, for you do not call a deaf or an absent one, but you call the All- Listener, the All-Seer." The Prophet then said, "O `Abdullah bin Qais! Shall I teach you a sentence which is from the treasures of Paradise? ( It is): 'La haula wala quwata illa billah. (There is neither might nor power except with Allah).

A man peeped through a hole in the door of Allah's Apostle's house, and at that time, Allah's Apostle had a Midri (an iron comb or bar) with which he was rubbing his head. So when Allah's Apostle saw him, he said (to him), "If I had been sure that you were looking at me (through the door), I would have poked your eye with this (sharp iron bar)." Allah's Apostle added, "The asking for permission to enter has been enjoined so that one may not look unlawfully (at what there is in the house without the permission of its people)."

Nafi narrated to me that 'Abdullah said that Allah's Apostle forbade the Shighar. I asked Nafi', "What is the Shighar?" He said, "It is to marry the daughter of a man and marry one's daughter to that man (at the same time) without Mahr (in both cases); or to marry the sister of a man and marry one's own sister to that man without Mahr." Some people said, "If one, by a trick, marries on the basis of Shighar, the marriage is valid but its condition is illegal." The same scholar said regarding Al-Mut'a, "The marriage is invalid and its condition is illegal." Some others said, "The Mut'a and the Shighar are permissible but the condition is illegal."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Ibn

Abi Mulayka that Umar ibn al-Khattab passed a leprous woman doing tawaf of the House, and he said to her, "Slave of Allah, do not make people uneasy. Better that you stay in your house," so she did so. A man passed by her after that and said to her, "The one who forbade you has died, so come out," and she replied, "I am not going to obey him when he is alive and disobey him when he is dead."

"Makhrafah Al-'Abdi and I brought linens from Hajar. The Prophet (saws) came to us in bargain with us with some pants. There was someone with me who weighed (the goods) to determine the value. So the the Prophet (saws) said to the one weighing: 'Weigh and add more.'"

[He said:] There are narrations on this topic from Jabir and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Suwaid is a Hasan Sahih Hadith. The people of knowledge consider it recommended to add more when weighing.

Shu'bah reported this Hadith from Simak, so he said: "From Abu Safwan" and he mentioned the narration.

Aisha said that Barirah came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Apostle came, she told him about it. The Prophet said to her, "Buy her (i.e. Barirah) and manumit (free) her, for the Wala is for the one who manumits." Then Allah's Apostle ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."

One day the Prophet went out and offered the (funeral) prayer for the people (i.e. martyrs) of Uhud as he used to offer a funeral prayer for any dead person, and then (after returning) he ascended the pulpit and said, "I am your predecessor before you, and I am a witness upon you, and I am looking at my Tank just now, and I have been given the keys of the treasures of the world (or the keys of the world). By Allah, I am not afraid that you will worship others besides Allah after me, but I am afraid that you will compete with each other for (the pleasures of) this world."

The tradition mentioned above (No. 3771) has also been narrated by Ibn Mas'ud with a different chain of narrators.

This version has: The Prophet (saws) liked the foreleg (of a sheep). Once the foreleg was poisoned, and he thought that the Jews had poisoned it.

Yahya related to me from Zayd ibn Aslam from his father that Umar ibn al-Khattab said, "I find it dropping from me like small beads. When you find that, wash your penis and do wudu as for prayer."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would guard against animals and camels which were young or had physical defects as sacrifices.

Malik said, "That is what I like best of what I have heard ."

While the Prophet was performing Tawaf of the Ka`ba, he passed by a person who had tied his hands to another person with a rope or string or something like that. The Prophet cut it with his own hands and said, "Lead him by the hand."

"The Prophet (saws) rode a horse belonging to Abu Talhah called Mandub. He said: 'There is nothing to be frightened of, and we found him to be (quick) like the sea.'"

[Abu 'Eisa said:] There is something on this topic from Ibn 'Amr Al-'As.

I heard the Prophet while referring to the person who had cut the legs of the she-camel (of the Prophet Salih), saying, "The man who was appointed for doing this job, was a man of honor and power in his nation like Abu Zam`a."

We buried a deceased person in the company of the Messenger of Allah (saws). When we had finished, the Messenger of Allah (saws) returned and we also returned with him. When he approached his door, he stopped, and we saw a woman coming towards him.

He (the narrator) said: I think he recognized her. When she went away, we came to know that she was Fatimah.

The Messenger of Allah (saws) said to her: What brought you out of your house, Fatimah?

She replied: I came to the people of this house, Messenger of Allah, and I showed pity and expressed my condolences to them for their deceased relation.

The Messenger of Allah (saws) said: You might have gone to the graveyard with them.

She replied: I seek refuge in Allah! I heard you referring to what you mentioned.

He said: If you had gone to the graveyard...He then mentioned severe words about it.

I then asked Rabi'ah (a narrator of this tradition) about al-kuda (stony land). He replied: I think it means the graves.

There was a Christian who embraced Islam and read Surat-al-Baqara and Al-`Imran, and he used to write (the revelations) for the Prophet. Later on he returned to Christianity again and he used to say: "Muhammad knows nothing but what I have written for him." Then Allah caused him to die, and the people buried him, but in the morning they saw that the earth had thrown his body out. They said, "This is the act of Muhammad and his companions. They dug the grave of our companion and took his body out of it because he had run away from them." They again dug the grave deeply for him, but in the morning they again saw that the earth had thrown his body out. They said, "This is an act of Muhammad and his companions. They dug the grave of our companion and threw his body outside it, for he had run away from them." They dug the grave for him as deep as they could, but in the morning they again saw that the earth had thrown his body out. So they believed that what had befallen him was not done by human beings and had to leave him thrown (on the ground).

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "A man asked permission to come in to see the Messenger of Allah, may Allah bless him and grant him peace. I was with him in the house and the Messenger of Allah, may Allah bless him and grant him peace, said, 'He is an evil member of his tribe.' Then the Messenger of Allah, may Allah bless him and grant him peace, gave him permission."

A'isha continued, "It was not long before I heard the Messenger of Allah, may Allah bless him and grant him peace, laughing with him. When the man left, I said, 'Messenger of Allah, you said what you said about him, and then before long you were laughing with him.' The Messenger of Allah, may Allah bless him and grant him peace, replied, 'Among the most evil of people is the one whom people are cautious with because of his evil.' "

We went out in the company of Allah's Apostle on the day of (the battle of) Khaibar, and we did not get any gold or silver as war booty, but we got property in the form of things and clothes. Then a man called Rifa`a bin Zaid, from the tribe of Bani Ad-Dubaib, presented a slave named Mid`am to Allah's Apostle. Allah's Apostle headed towards the valley of Al-Qura, and when he was in the valley of Al- Qura an arrow was thrown by an unidentified person, struck and killed Mid`am who was making a she-camel of Allah's Apostle kneel down. The people said, "Congratulations to him (the slave) for gaining Paradise." Allah's Apostle said, "No! By Him in Whose Hand my soul is, for the sheet which he stole from the war booty before its distribution on the day of Khaibar, is now burning over him." When the people heard that, a man brought one or two Shiraks (leather straps of shoes) to the Prophet. The Prophet said, "A Shirak of fire, or two Shiraks of fire."

I heard the Prophet saying. "May I tell you of the people of Paradise? Every weak and poor obscure person whom the people look down upon but his oath is fulfilled by Allah when he takes an oath to do something. And may I inform you of the people of the Hell-Fire? They are all those violent, arrogant and stubborn people."

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

Imam Muslim said: Ashja'i narrated it from Sufyan al-Thauri, who narrated it from al-Aswad b. Qais, who narrated it from 'Uqba, who narrated it from al-Bara' b. 'Azib who said: We recited with the Prophet (may peace be upon him) (the above-mentioned verse like this, i. e. instead of Salat al- Wusta, Salat al-'Asr) for a certain period. as It has been mentioned (in the above-quoted hadith).

Allah's Apostle said, "There was an Israeli man called Juraij, while he was praying, his mother came and called him, but he did not respond to her call. He said (to himself) whether he should continue the prayer or reply to his mother. She came to him the second time and called him and said, "O Allah! Do not let him die until he sees the faces of prostitutes." Juraij used to live in a hermitage. A woman said that she would entice Juraij, so she went to him and presented herself (for an evil act) but he refused. She then went to a shepherd and allowed him to commit an illegal sexual intercourse with her and later she gave birth to a boy. She alleged that the baby was from Juraij. The people went to Juraij and broke down his hermitage, pulled him out of it and abused him. He performed ablution and offered the prayer, then he went to the male (baby) and asked him; "O boy! Who is your father?" The baby replied that his father was the shepherd. The people said that they would build for him a hermitage of gold but Juraij asked them to make it of mud only."

Ibn `Abbas said, "Thursday! What (great thing) took place on Thursday!" Then he started weeping till his tears wetted the gravels of the ground . Then he said, "On Thursday the illness of Allah's Apostle was aggravated and he said, "Fetch me writing materials so that I may have something written to you after which you will never go astray." The people (present there) differed in this matter and people should not differ before a prophet. They said, "Allah's Apostle is seriously sick.' The Prophet said, "Let me alone, as the state in which I am now, is better than what you are calling me for." The Prophet on his death-bed, gave three orders saying, "Expel the pagans from the Arabian Peninsula, respect and give gifts to the foreign delegates as you have seen me dealing with them." I forgot the third (order)" (Ya'qub bin Muhammad said, "I asked Al-Mughira bin `Abdur-Rahman about the Arabian Peninsula and he said, 'It comprises Mecca, Medina, Al-Yama-ma and Yemen." Ya'qub added, "And Al-Arj, the beginning of Tihama.")

The Prophet delivered to us a sermon on the Day of Nahr. He said, "Do you know what is the day today?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give that day another name. He said, "Isn't it the Day of Nahr?" We said, "It is." He further asked, "Which month is this?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the month of Dhul-Hijja?" We replied: "Yes! It is." He further asked, "What town is this?" We replied, "Allah and His Apostle know it better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the forbidden (Sacred) town (of Mecca)?" We said, "Yes. It is." He said, "No doubt, your blood and your properties are sacred to one another like the sanctity of this day of yours, in this month of yours, in this town of yours, till the day you meet your Lord. No doubt! Haven't I conveyed Allah's message to you? They said, "Yes." He said, "O Allah! Be witness. So it is incumbent upon those who are present to convey it (this information) to those who are absent because the informed one might comprehend it (what I have said) better than the present audience, who will convey it to him. Beware! Do not renegade (as) disbelievers after me by striking the necks (cutting the throats) of one another."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Abu Dawud said: Besides Ibn Nafi' this is transmitted by al-Laith from 'Umairah b. Abi Najiyyah from Bakr b. Sawadah on the authority of 'Ata b. Yasar from the Prophet (saws).

Abu Dawud said: The mention of (the name of the Companion) Abu Sa'id in this tradition is not guarded. This is a mural tradition (i.e. the Successor 'Ata b. Yasar directly narrates it from the Prophet, leaving the name of the Companion in the chain.)

When Hind, daughter of Utbah, said: Prophet of Allah, accept my allegiance, he replied; I shall not accept your allegiance till you make a difference to the palms of your hands; for they look like the paws of a beast of prey.

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)