Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

The Prophet said, "Paradise and the Fire (Hell) argued, and the Fire (Hell) said, "I have been given the privilege of receiving the arrogant and the tyrants.' Paradise said, 'What is the matter with me? Why do only the weak and the humble among the people enter me?' On that, Allah said to Paradise. 'You are My Mercy which I bestow on whoever I wish of my servants.' Then Allah said to the (Hell) Fire, 'You are my (means of) punishment by which I punish whoever I wish of my slaves. And each of you will have its fill.' As for the Fire (Hell), it will not be filled till Allah puts His Foot over it whereupon it will say, 'Qati! Qati!' At that time it will be filled, and its different parts will come closer to each other; and Allah will not wrong any of His created beings. As regards Paradise, Allah will create a new creation to fill it with."

A group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they considered their worship insufficient and said, "Where are we from the Prophet as his past and future sins have been forgiven." Then one of them said, "I will offer the prayer throughout the night forever." The other said, "I will fast throughout the year and will not break my fast." The third said, "I will keep away from the women and will not marry forever." Allah's Apostle came to them and said, "Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my tradition in religion, is not from me (not one of my followers).

Ibn `Umar bin Al-Khattab divorced his wife during her menses. Allah's Apostle ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever `Abdullah (bin `Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn `Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet has ordered me so."

A man came to the Prophet on a Friday while he (the Prophet) was delivering a sermon at Medina, and said, "There is lack of rain, so please invoke your Lord to bless us with the rain." The Prophet looked at the sky when no cloud could be detected. Then he invoked Allah for rain. Clouds started gathering together and it rained till the Medina valleys started flowing with water. It continued raining till the next Friday. Then that man (or some other man) stood up while the Prophet was delivering the Friday sermon, and said, "We are drowned; Please invoke your Lord to withhold it (rain) from us" The Prophet smiled and said twice or thrice, "O Allah! Please let it rain round about us and not upon us." The clouds started dispersing over Medina to the right and to the left, and it rained round about Medina and not upon Medina. Allah showed them (the people) the miracle of His Prophet and His response to his invocation.

When the delegation of `Abdul Qais came to the Prophet, he said, "Welcome, O the delegation who have come! Neither you will have disgrace, nor you will regret." They said, "O Allah's Apostle! We are a group from the tribe of Ar-Rabi`a, and between you and us there is the tribe of Mudar and we cannot come to you except in the sacred months. So please order us to do something good (religious deeds) so that we may enter Paradise by doing that, and also that we may order our people who are behind us (whom we have left behind at home) to follow it." He said, "Four and four:" offer prayers perfectly , pay the Zakat, (obligatory charity), fast the month of Ramadan, and give one-fifth of the war booty (in Allah's cause), and do not drink in (containers called) Ad-Duba,' Al-Hantam, An-Naqir and Al-Muzaffat."

A man came to the Prophet and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I had sexual relation with my wife (while I was fasting) in Ramadan." The Prophet said, "Have you got enough to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" The man said, "No." The Prophet said, "Can you feed sixty poor persons?" The man said, "No." Then the Prophet said to him, "Sit down," and he sat down. Afterwards an 'Irq, i.e., a big basket containing dates was brought to the Prophet and the Prophet said to him, "Take this and give it in charity." The man said, "To poorer people than we?" On that, the Prophet smiled till his premolar teeth became visible, and then told him, "Feed your family with it." (See Hadith No. 157, Vol 3)

A man came to Allah's Apostle and said, "I am ruined!" The Prophet said to him, "What is the matter?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan." The Prophet said to him?" "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "No." Then an Ansari man came with an Irq (a big basket full of dates). The Prophet said (to the man), "Take this (basket) and give it in charity." That man said, "To poorer people than we, O Allah's Apostle? By Him Who has sent you with the Truth! There is no house in between the two mountains (of the city of Medina) poorer than we." So the Prophet said (to him), "Go and feed it to your family."

Someone said to Usama, "Will you not talk to this (Uthman)?" Usama said, "I talked to him (secretly) without being the first man to open an evil door. I will never tell a ruler who rules over two men or more that he is good after I heard Allah's Apostle saying, 'A man will be brought and put in Hell (Fire) and he will circumambulate (go around and round) in Hell (Fire) like a donkey of a (flour) grinding mill, and all the people of Hell (Fire) will gather around him and will say to him, O so-and-so! Didn't you use to order others for good and forbid them from evil?' That man will say, 'I used to order others to do good but I myself never used to do it, and I used to forbid others from evil while I myself used to do evil.' "

One day Allah's Apostle narrated to us a long narration about Ad-Dajjal and among the things he narrated to us, was: "Ad-Dajjal will come, and he will be forbidden to enter the mountain passes of Medina. He will encamp in one of the salt areas neighboring Medina and there will appear to him a man who will be the best or one of the best of the people. He will say 'I testify that you are Ad-Dajjal whose story Allah's Apostle has told us.' Ad-Dajjal will say (to his audience), 'Look, if I kill this man and then give him life, will you have any doubt about my claim?' They will reply, 'No,' Then Ad- Dajjal will kill that man and then will make him alive. The man will say, 'By Allah, now I recognize you more than ever!' Ad-Dajjal will then try to kill him (again) but he will not be given the power to do so."

That he fought in a Ghazwa towards Najd along with Allah's Apostle and when Allah's Apostle returned, he too, returned along with him. The time of the afternoon nap overtook them when they were in a valley full of thorny trees. Allah's Apostle dismounted and the people dispersed amongst the thorny trees, seeking the shade of the trees. Allah's Apostle took shelter under a Samura tree and hung his sword on it. We slept for a while when Allah's Apostle suddenly called us, and we went to him, to find a bedouin sitting with him. Allah's Apostle said, "This (bedouin) took my sword out of its sheath while I was asleep. When I woke up, the naked sword was in his hand and he said to me, 'Who can save you from me?, I replied, 'Allah.' Now here he is sitting." Allah's Apostle did not punish him (for that).

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr from Abd ar-Rahman ibn Abd al-Qari that he heard Umar ibn al- Khattab say, while he was teaching people the tashahhud from the mimbar, "Say, Greetings belong to Allah. Pure actions belong to Allah. Good words and prayers belong to Allah. Peace on you, Prophet, and the mercy of Allah and His blessings. Peace be upon us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. And I testify that Muhammad is His slave and His messenger."

'At-tahiyatu lillah, az-zakiyatu lillah, at-tayibatu wa's-salawatu lillah. As-salamu alayka ayyuha'nnabiyyu wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi s-salihin. Ash-hadu an la ilaha illa 'llah wa ash-hadu anna Muhammadan abduhu wa rasuluh."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, finished the prayer after two rakas and Dhu'l-Yadayn said to him, "Has the prayer been shortened or have you forgotten, Messenger of Allah?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Has Dhu'l-Yadayn spoken the truth?" The people said, "Yes," and the Messenger of Allah, may Allah bless him and grant him peace, stood and prayed the other two rakas and then said, "Peace be upon you." Then he said, "Allah is greater" and went into a sadja as long as his usual prostrations or longer. Then he came up and said, "Allah is greater" and went into a sajda as long as his usual prostrations or longer and then came up.

He also said, "If people knew what there was in the call to prayer and the first row, and they could find no other way except to draw lots for it, they would draw lots for it. And if they knew what there was in doing dhuhr at its time, they would race each other to it. And if they knew what there was in the prayers of isha and maghrib, they would come to them even if they had to crawl .

Yahya related to me from Malik from Salih ibn Kaysan from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Zayd ibn Khalid al- Juhani said, "The Messenger of Allah, may Allah bless him and grant him peace, took the subh prayer with us at Hudaybiyya after it had rained in the night. When he had finished he went up to the people and said, 'Do you know what your Lord has said?' They said, 'Allah and His Messenger know best.' He said, 'Some of my slaves have begun the morning believing in Me, and others have begun it rejecting Me. As for those who say, 'We were rained on by the overflowing favour of Allah and His mercy,' they believe in Me and reject the stars. But as for those who say, 'We were rained on by such and such a star, they reject Me and believe in the stars.' "

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Ibn Shihab from clsa ibn Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for the people at Mina, and they questioned him and a man came and said to him, 'Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't worry.' Then another came to him and said 'Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.' He advised, 'Throw, and don't worry.' "

Amr continued, saying that the Messenger of Allah, may Allah bless him and grant him peace, was not asked about anything done before or after without his saying, "Do it, and don't worry."

Yahya related to me from Malik that Yahya ibn Said said, "On the Day of Uhud, The Messenger of Allah, may Allah bless him and grant him peace, said, 'Who will bring me news of Sad ibn al-Rabi al-Ansari?' a man said, 'Me, Messenger of Allah!' So the man went around among the slain, and Sad ibn al-Rabi said to him, 'What are you doing?' The man said to him, 'The Messenger of Allah, may Allah bless him and grant him peace, sent me to bring him news of you.' He said, 'Go to him, and give him my greetings, and tell him that I have been stabbed twelve times, and am mortally wounded. Tell your people that they will have no excuse with Allah if the Messenger of Allah, may Allah bless him and grant him peace, is slain while one of them is still alive.' "

Allah's Apostle distributed (Zakat) amongst (a group of) people while I was sitting there but Allah's Apostle left a man whom I thought the best of the lot. I asked, "O Allah's Apostle! Why have you left that person? By Allah I regard him as a faithful believer." The Prophet commented: "Or merely a Muslim." I remained quiet for a while, but could not help repeating my question because of what I knew about him. And then asked Allah's Apostle, "Why have you left so and so? By Allah! He is a faithful believer." The Prophet again said, "Or merely a Muslim." And I could not help repeating my question because of what I knew about him. Then the Prophet said, "O Sa'd! I give to a person while another is dearer to me, for fear that he might be thrown on his face in the Fire by Allah."

While Allah's Apostle was sitting in the mosque with some people, three men came. Two of them came in front of Allah's Apostle and the third one went away. The two persons kept on standing before Allah's Apostle for a while and then one of them found a place in the circle and sat there while the other sat behind the gathering, and the third one went away. When Allah's Apostle finished his preaching, he said, "Shall I tell you about these three persons? One of them betook himself to Allah, so Allah took him into His grace and mercy and accommodated him, the second felt shy from Allah, so Allah sheltered Him in His mercy (and did not punish him), while the third turned his face from Allah and went away, so Allah turned His face from him likewise. "

Once Allah's Apostle fell off a horse and his leg or shoulder got injured. He swore that he would not go to his wives for one month and he stayed in a Mashruba [??] (attic room) having stairs made of date palm trunks. So his companions came to visit him, and he led them in prayer sitting, whereas his companions were standing. When he finished the prayer, he said, "Imam is meant to be followed, so when he says 'Allahu Akbar,' say 'Allahu Akbar' and when he bows, bow and when he prostrates, prostrate and if he prays standing pray, standing. After the 29th day the Prophet came down (from the attic room) and the people asked him, "O Allah's Apostle! You swore that you will not go to your wives for one month." He said, "The month is 29 days."

I along with my father went to Abu- Barza Al-Aslami and my father asked him, "How Allah's Apostle used to offer the five compulsory congregational prayers?" Abu- Barza said, "The Prophet used to pray the Zuhr prayer which you (people) call the first one at midday when the sun had just declined The `Asr prayer at a time when after the prayer, a man could go to the house at the farthest place in Medina (and arrive) while the sun was still hot. (I forgot about the Maghrib prayer). The Prophet Loved to delay the `Isha which you call Al- `Atama [??] and he disliked sleeping before it and speaking after it. After the Fajr prayer he used to leave when a man could recognize the one sitting beside him and he used to recite between 60 to 100 Ayat (in the Fajr prayer) .

Once a man was driving two Nadihas (camels used for agricultural purposes) and night had fallen. He found Mu`adh praying so he made his camel kneel and joined Mu`adh in the prayer. The latter recited Surat 'Al-Baqara" or Surat "An-Nisa", (so) the man left the prayer and went away. When he came to know that Mu`adh had criticized him, he went to the Prophet, and complained against Mu`adh. The Prophet said thrice, "O Mu`adh ! Are you putting the people to trial?" It would have been better if you had recited "Sabbih Isma Rabbika-l-A`la (87)", Wash-shamsi wa duhaha (91)", or "Wal-laili idha yaghsha (92)", for the old, the weak and the needy pray behind you." Jabir said that Mu`adh recited Sura Al-Baqara in the `Isha' prayer.

Sa`d bin 'Ubada became sick and the Prophet along with `Abdur Rahman bin `Auf, Sa`d bin Abi Waqqas and `Abdullah bin Mas`ud visited him to inquire about his health. When he came to him, he found him surrounded by his household and he asked, "Has he died?" They said, "No, O Allah's Apostle." The Prophet wept and when the people saw the weeping of Allah's Apostle (p.b.u.h) they all wept. He said, "Will you listen? Allah does not punish for shedding tears, nor for the grief of the heart but he punishes or bestows His Mercy because of this." He pointed to his tongue and added, "The deceased is punished for the wailing of his relatives over him." `Umar used to beat with a stick and throw stones and put dust over the faces (of those who used to wail over the dead).

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

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)."

`Abdullah;- performed the Hajj and we reached Al-Muzdalifa at or about the time of the `Isha' prayer. He ordered a man to pronounce the Adhan and Iqama and then he offered the Maghrib prayer and offered two rak`at after it. Then he asked for his supper and took it, and then, I think, he ordered a man to pronounce the Adhan and Iqama (for the `Isha' prayer). (`Amr, a sub-narrator said: The intervening statement 'I think', was said by the sub-narrator Zuhair) (i.e. not by `Abdur-Rahman). Then `Abdullah offered two rak`at of `Isha' prayer. When the day dawned, `Abdullah said, "The Prophet never offered any prayer at this hour except this prayer at this time and at this place and on this day." `Abdullah added, "These two prayers are shifted from their actual times -- the Maghrib prayer (is offered) when the people reached Al-Muzdalifa and the Fajr (morning) prayer at the early dawn." `Abdullah added, "I saw the Prophet doing that."

`Abdullah bin Abu `Aufa said: "Allah's Apostle performed `Umra and we too performed `Umra along with him. When he entered Mecca he performed the Tawaf (of Ka`ba) and we too performed it along with him, and then he came to the As-Safa and Al-Marwa (i.e. performed the Sai) and we also came to them along with him. We were shielding him from the people of Mecca lest they may hit him with an arrow." A friend of his asked him (i.e. `Abdullah bin `Aufa), "Did the Prophet enter the Ka`ba (during that `Umra)?" He replied in the negative. Then he said, "What did he (the Prophet ) say about Khadija?" He (Abdullah bin `Aufa) said, "(He said) 'Give Khadija the good tidings that she will have a palace made of Qasab in Paradise and there will be neither noise nor any trouble in it."

Allah's Apostle told us a long narrative about Ad-Dajjal, and among the many things he mentioned, was his saying, "Ad-Dajjal will come and it will be forbidden for him to pass through the entrances of Medina. He will land in some of the salty barren areas (outside) Medina; on that day the best man or one of the best men will come up to him and say, 'I testify that you are the same Dajjal whose description was given to us by Allah's Apostle .' Ad-Dajjal will say to the people, 'If I kill this man and bring him back to life again, will you doubt my claim?' They will say, 'No.' Then Ad-Dajjal will kill that man and bring him back to life. That man will say, 'Now I know your reality better than before.' Ad-Dajjal will say, 'I want to kill him but I cannot.' "

`Abdullah bin `Amr bin Haram died and was in debt to others. I asked the Prophet to intercede with his creditors for some reduction in the debts. The Prophet requested them (to reduce the debts) but they refused. The Prophet said to me, "Go and put your dates (In heaps) according to their different kinds. The Ajwa on one side, the cluster of Ibn Zaid on another side, etc.. Then call me." I did that and called the Prophet He came and sat at the head or in the middle of the heaps and ordered me. Measure (the dates) for the people (creditors)." I measured for them till I paid all the debts. My dates remained as it nothing had been taken from them. In other narrations, Jabir said; The Prophet said, "He (i.e. `Abdullah) continued measuring for them till he paid all the debts." The Prophet said (to `Abdullah), "Cut (clusters) for him (i.e. one of the creditors) and measure for him fully."

From Malik bin Aws bin Hadathan that he said: "I once said: 'Who can change some Dirham?' So Talhah bin 'Ubaidullah - and he was with 'Umar bin Al-Khattab - said: "Leave your gold with us, then return to us when our servant comes and we will give you your silver." 'Umar bin Al-Khattab said: "No! By Allah! Either give him his silver or return his gold to him. Indeed the Messenger of Allah (saws) said: 'Silver for gold is Riba, except for hand to hand; and wheat for wheat is Riba except for hand to hand; and barley for barley is Riba except hand to hand; and dried-dates for dried-dates is Riba except for hand to hand.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to the people of knowledge. And the meaning of Ha' Wa Ha' is hand to hand.

That the Messenger of Allah (saws) said: "When the two parties (in a deal) disagree then the seller's statement is taken as valid, and the purchaser retains the option."

[Abu 'Eisa said:] This Hadith is Mursal. 'Awn bin 'Abdullah did not see Ibn Mas'ud. This Hadith has also been reported from Al-Qasim bin 'Abdur-Rahman, from Ibn Mas'ud from the Prophet (saws). But it also Mursal.

[Abu 'Eisa said:] Ishaq bin Mansur said: "I said to Ahmad: what if when the two parties disagree and there is no proof (what is done)?' He said: 'The saying of the owner of the merchandise is taken as valid or they both refuse.' And Ishaq said as he did, and that in every case where his saying is taken, he must swear.'"

[Abu 'Eisa said:] Similar to this has been reported from some of the people of knowledge among the Tabi'in, Shuraih is among those.