Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

Salih ibn Muhammad ibn Za'idah (AbuDawud said: This Salih is AbuWaqid) said: We entered the Byzantine territory with Maslamah. A man who had been dishonest about booty was brought.

He (Maslamah) asked Salim about him. He said: I heard my father narrating from Umar ibn al-Khattab from the Prophet (saws). He said: When you find a man who has been dishonest about booty, burn his property, and beat him. He beat him. He said: We found in his property a copy of the Qur'an. He again asked Salim about it. He said: Sell it and give its price in charity.

The Prophet (saws) said: If I survive (God willing), I shall forbid my people to give the names Nafi' (beneficial), Aflah (successful) and Barakah (blessing). Al-A'mash said: I do not know whether he mentioned Nafi' or not. When a man comes and asks: Is there Barakah (blessing)? The people say: No.

Abu Dawud said: A similar tradition has been transmitted by Abu al-Zubair on the authority of Jabir from the Prophet (saws) through a different chain of narrators. This version has no mention of Barakah.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? 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 left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed.

Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself."

The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.

`Umar saw a silk suit being sold, so he said, "O Allah's Apostle! Why don't you buy it so that you may wear it when delegates come to you, and also on Fridays?" The Prophet said, "This is worn only by him who has no share in the Hereafter." Afterwards the Prophet sent to `Umar a silk suit suitable for wearing. `Umar said to the Prophet, "You have given it to me to wear, yet I have heard you saying about it what you said?" The Prophet said, "I sent it to you so that you might either sell it or give it to somebody else to wear."

The Prophet said, 'Beware! Avoid sitting on the roads." They (the people) said, "O Allah s Apostle! We can't help sitting (on the roads) as these are (our places) here we have talks." The Prophet said, ' l f you refuse but to sit, then pay the road its right ' They said, "What is the right of the road, O Allah's Apostle?" He said, 'Lowering your gaze, refraining from harming others, returning greeting, and enjoining what is good, and forbidding what is evil."

Whenever Allah's Apostle returned from a Ghazwa or Hajj or `Umra, he used to say, "Allahu Akbar," three times; whenever he went up a high place, he used to say, "La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahu-l-hamd, wa huwa'ala kulli Shai 'in qadir. Ayibuna ta'ibuna 'abiduna lirabbina hamidun. Sadaqa-l-lahu wa'dahu, wa nasara`Abdahu wa hazama-l-ahzaba wahdahu."

We paid a visit to Khabbab who was sick, and he said, "We migrated with the Prophet for Allah's Sake and our wages became due on Allah. Some of us died without having received anything of the wages, and one of them was Mus`ab bin `Umar, who was martyred on the day of the battle of Uhud, leaving only one sheet (to shroud him in). If we covered his head with it, his feet became uncovered, and if we covered his feet with it, his head became uncovered. So the Prophet ordered us to cover his head with it and put some Idhkhir (a kind of grass) over his feet. On the other hand, some of us have had the fruits (of our good deed) and are plucking them (in this world).

A Jew passed by Allah's Apostle and said, "As-Samu 'Alaika." Allah's Apostle said in reply, "We 'Alaika." Allah's Apostle then said to his companions, "Do you know what he (the Jew) has said? He said, 'As-Samu 'Alaika.'" They said, "O Allah's Apostle! Shall we kill him?" The Prophet, said, "No. When the people of the Book greet you, say: 'Wa 'Alaikum.'"

[Abu Dawud and Al-Hakim].

The Prophet said, "I saw in a dream that I was migrating from Mecca to a land where there were date palm trees. I thought that it might be the land of Al-Yamama or Hajar, but behold, it turned out to be Yathrib (i.e. Medina). And I saw cows (being slaughtered) there, but the reward given by Allah is better (than worldly benefits). Behold, those cows proved to symbolize the believers (who were killed) on the Day (of the battle) of Uhud, and the good (which I saw in the dream) was the good and the reward and the truth which Allah bestowed upon us after the Badr battle. (or the Battle of Uhud) and that was the victory bestowed by Allah in the Battle of Khaibar and the conquest of Mecca) .

I used to see a dream which would make me sick till I heard Abu Qatada saying, "I too, used to see a dream which would make me sick till I heard the Prophet saying, "A good dream is from Allah, so if anyone of you saw a dream which he liked, he should not tell it to anybody except to the one whom he loves, and if he saw a dream which he disliked, then he should seek refuge with Allah from its evil and from the evil of Satan, and spit three times (on his left) and should not tell it to anybody, for it will not harm him. "

The Prophet said, "Allah says: 'I am just as My slave thinks I am, (i.e. I am able to do for him what he thinks I can do for him) and I am with him if He remembers Me. If he remembers Me in himself, I too, remember him in Myself; and if he remembers Me in a group of people, I remember him in a group that is better than they; and if he comes one span nearer to Me, I go one cubit nearer to him; and if he comes one cubit nearer to Me, I go a distance of two outstretched arms nearer to him; and if he comes to Me walking, I go to him running.' "

The Prophet (p.b.u.h) said, "When a faithful believer is made to sit in his grave, then (the angels) come to him and he testifies that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle. And that corresponds to Allah's statement: Allah will keep firm those who believe with the word that stands firm . . . (14.27).

Narrated Shu'ba:

Same as above and added, "Allah will keep firm those who believe . . . (14.27) was revealed concerning the punishment of the grave."

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about the time of the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, did not answer him, but in the morning he prayed subh at first light. The following morning he prayed subh when it was much lighter, and then said, 'Where is the man who was asking about the time of the prayer?' The man replied, 'Here I am, Messenger of Allah.' He said,'The time is between these two.' "

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from his paternal uncle, Wasi ibn Habban, that Abdullah ibn Umar said, "People say, 'When you sit to relieve yourself, do not face the qibla or the Bayt al-Maqdis.' "

Abdullah continued, "I went upon top of a house of ours and saw the Messenger of Allah, may Allah bless him and grant him peace, (squatting) on two unfired bricks facing the Bayt al-Maqdis, relieving himself."

Ibn Umar added, "Perhaps you are one of those who pray folded on their haunches."

Wasi replied, "I don't know, by Allah!"

Yahya related to me from Malik, from Yahya ibn Said, that he heard Said ibn al-Musayyab relating from Abu Hurayra that he was once coming back from Bahrayn, and, when he reached ar-Rabadha, he found a caravan of people from Iraq in ihram, who asked him whether they could eat the meat of some game which they had found with the people of ar- Rabadha, and he told them they could eat it. He said, "Afterwards I had doubts about what I had told them to do, so when I got back to Madina I mentioned the matter to Umar ibn al-Khattab and he said, 'What did you tell them to do?' I said, ' I told them to eat it.' Umar ibn al-Khattab said, threatening me, 'If you had told them to do anything else I would have done something to you.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

Allah's Apostle sent for a Ansari man who came with water dropping from his head. The Prophet said, "Perhaps we have forced you to hurry up, haven't we?" The Ansari replied, "Yes." Allah's Apostle further said, "If you are forced to hurry up (during intercourse) or you do not discharge then ablution is due on you (This order was canceled later on, i.e. one has to take a bath).

In the year of the conquest of Khaibar I went with Allah's Apostle till we reached Sahba, a place near Khaibar, where Allah's Apostle offered the `Asr prayer and asked for food. Nothing but saweeq was brought. He ordered it to be moistened with water. He and all of us ate it and the Prophet got up for the evening prayer (Maghrib prayer), rinsed his mouth with water and we did the same, and he then prayed without repeating the ablution.

In the year of the conquest of Khaibar I went with Allah's Apostle till we reached As-Sahba' where Allah's Apostle led the `Asr prayer and asked for the food. Nothing but saweeq was brought and we ate it and drank (water). The Prophet got up for the (Maghrib) Prayer, rinsed his mouth with water and then led the prayer without repeating the ablution.

The Prophet saw some sputum in the direction of the Qibla (on the wall of the mosque) and he disliked that and the sign of disgust was apparent from his face. So he got up and scraped it off with his hand and said, "Whenever anyone of you stands for the prayer, he is speaking in private to his Lord or his Lord is between him and his Qibla. So, none of you should spit in the direction of the Qibla but one can spit to the left or under his foot." The Prophet then took the corner of his sheet and spat in it and folded it and said, "Or you can do this. "

Abu Barza said, "The Prophet used to offer the Fajr (prayer) when one could recognize the person sitting by him (after the prayer) and he used to recite between 60 to 100 Ayat (verses) of the Qur'an. He used to offer the Zuhr prayer as soon as the sun declined (at noon) and the `Asr at a time when a man might go and return from the farthest place in Medina and find the sun still hot. (The sub-narrator forgot what was said about the Maghrib). He did not mind delaying the `Isha prayer to one third of the night or the middle of the night."

The Prophet said, "The example of Muslims, Jews and Christians is like the example of a man who employed laborers to work for him from morning till night. They worked till midday and they said, 'We are not in need of your reward.' So the man employed another batch and said to them, 'Complete the rest of the day and yours will be the wages I had fixed (for the first batch). They worked until the time of the `Asr prayer and said, 'Whatever we have done is for you.' He employed another batch. They worked for the rest of the day till sunset, and they received the wages of the two former batches."

Allah's Apostle said, "Say Amen when the Imam says 'Ghairi l-maghdubi `alaihim wala d-daalleen' (not the path of those who earn Your Anger (such as Jews) nor of those who go astray (such as Christians)); all the past sins of the person whose saying (of Amin) coincides with that of the angels, will be forgiven".

When the Prophet became ill, some of his wives talked about a church which they had seen in Ethiopia and it was called Mariya. Um Salma and Um Habiba had been to Ethiopia, and both of them narrated its (the Church's) beauty and the pictures it contained. The Prophet raised his head and said, "Those are the people who, whenever a pious man dies amongst them, make a place of worship at his grave and then they make those pictures in it. Those are the worst creatures in the Sight of Allah."