Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

That the Messenger of Allah (saws) sold a saddle blanket and a drinking bowl. He (saws) said: "Who will buy saddle blanket and drinking bowl ?". So a man said: "I will take them for a Dirham." So the Prophet (saws) said: "Who will give more than a Dirham ? Who will give more that a Dirham ?" A man agreed to give him two Dirham, so he sold them to him.

[Abu 'Eisa said:] This Hadith is Hasan. We do not know of it except from the narration of Al-Akhdar bin 'Ajlan, and 'Abdullah Al-Hanafi who is reporting from Anas, is Abu Bakr Al-Hanafi.

This is acted upon according to some of the people of knowledge, they did not see any harm in auctioning the spolis of war and inheritance.

Al-Mu'tamir bin Sulaiman and others among the people of Hadith reported from Al-Akhdar bin 'Ajlan.

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

"The Messenger of Allah (saws) prohibited bartering animals on credit."

He said: There are narration on this topic from Ibn 'Abbas, Jabir, Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Samurah is Hasan Sahih Hadith. It is correct that Al-Hasan heard from Samurah, this is what 'Ali bin Al-Madini and others said.

Regarding (the prohibition of) bartering animals on credit, this is acted upon according to most of the people of knowledge among the Companions of the Prophet (saws) and others. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah, and it is the view of Ahmad.

Some of the people of knowledge, among the Companions of the Prophet (saws) and others, permitted bartering animals for animals on credit. This is the view of Ash-Shafi'i and Ishaq.

From Sa'eed bin Al-Musayyab, from Ma'mar bin 'Abdullah bin Nadlah who said: "I heard the Messenger of Allah (saws) saying: 'Hoarding is nothing but sin.' So I (Muhammad) said to Sa'eed: "O Abu Muhammad! You hoard?" He said: "And Ma'mar would hoard."

It is also been reported that Sa'eed bin Musayyab would hoard oil, (camel) fodder, and the like.

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, 'Ali, Abu Umamah, and Ibn 'Umar. The Hadith of Ma'mar is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they dislike hoarding food, and some of them make a concession for hoarding things other than food. Ibn Al-Mubarak said: "There is no harm in hoarding cotton, goat pelts and like."

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

[He said:] There are narrations on this topic from Ibn 'Umar and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

[He said:] There are narrations on this topic from Ibn 'Umar and Anas.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

From 'Aishah that she wanted to purchase Barirah, but they (he owners) made the condition that they would retain the Wala'. So the Prophet (saws) said: "Buy her, the Wala' is only for the one who gives the price, or for the one who grants the favor."

[He said:] There is something on this topic from Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of 'Aishah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Mansur bin Al-Mu'tamir's Kunyah is Abu 'Attab.

Abu Bakr Al-'Attar Al-Basri narrated to us from 'Ali bin Al-Madini who said: "I heard Yahya bin Sa'eed saying: 'When you get a narration from Mansur, then your hand has been filled with goodness without needing others.' Then Yahya said: 'I did not find anyone more reliable in (narrating from) Ibrahim An-Nakha'i and Mujahid than Mansur."

[He said:] Muhammad informed me from 'Abdullah bin Abi Al-Aswad who said: " 'Abdur-Rahman bin Mahdi said: 'Mansur is the most reliable of the people of Al-Kufah.'"

From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.

According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.

Once `Umar (bin Al-Khattab) said to the companions of the Prophet "What do you think about this Verse:--"Does any of you wish that he should have a garden?" They replied, "Allah knows best." `Umar became angry and said, "Either say that you know or say that you do not know!" On that Ibn `Abbas said, "O chief of the believers! I have something in my mind to say about it." `Umar said, "O son of my brother! Say, and do not under estimate yourself." Ibn `Abbas said, "This Verse has been set up as an example for deeds." `Umar said, "What kind of deeds?" Ibn `Abbas said, "For deeds." `Umar said, "This is an example for a rich man who does goods out of obedience of Allah and then Allah sends him Satan whereupon he commits sins till all his good deeds are lost."

Um Al-`Ala an Ansari woman who had given the Pledge of allegiance to Allah's Apostle said, "`Uthman bin Maz'un came in our share when the Ansars drew lots to distribute the emigrants (to dwell) among themselves, He became sick and we looked after (nursed) him till he died. Then we shrouded him in his clothes. Allah's Apostle came to us, I (addressing the dead body) said, "May Allah's Mercy be on you, O Aba As-Sa'ib! I testify that Allah has honored you." The Prophet said, 'How do you know that?' I replied, 'I do not know, by Allah.' He said, 'As for him, death has come to him and I wish him all good from Allah. By Allah, though I am Allah's Apostle, I neither know what will happen to me, nor to you.'" Um Al-`Ala said, "By Allah, I will never attest the righteousness of anybody after that." She added, "Later I saw in a dream, a flowing spring for `Uthman. So I went to Allah's Apostle and mentioned that to him. He said, 'That is (the symbol of) his good deeds (the reward for) which is going on for him.' "

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] Waki' reported this Hadith from Yazid bin Ibrahim, from Ibn Sirin, from Ayyub, from Hakim bin Hizam, and he did not mention in it: "From Yusuf bin Mahak."

And the narration of 'Abdus-Samad (a narrator in the chain of Hadith no. 1235) is more correct.

Yahya bin Abi Kathir reported this Hadith from Ya'la bin Hakim, from Yusuf bin Mahak, from 'Abdullah bin 'Ismah, from Hakim bin Hizam, from the Prophet (saws).

This Hadith is acted upon according to most of the people of knowledge, they dislike for a man to sell what is not with him.

"The Messenger of Allah (saws) prohibited selling the Wala' and conferring it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of 'Abdullah bin Dinar, from Ibn 'Umar.

This Hadith is acted upon according to the people of knowledge.

Yahya bin Sulaim reported this Hadith from 'Ubaidullah bin 'Umar, from Nafi' from Ibn 'Umar from the Prophet (saws), saying "That he prohibited selling the Wala' and conferring it."

But this is mistake from Yahya bin Sulaim. Because 'Abdul Wahhab Ath-Thaqafi, 'Abdullah bin Numair and others reported it from 'Ubaidullah bin 'Umar, from Ibn 'Umar, from the Prophet (saws). And this is more correct than the narration of Yahya bin Sulaim.

"I would sell camels at Al-Baqi', so I would sell them for Dinar but take in place of them Dirham, and, I would sell for silver and take Dinar in its place. So I went to the Messenger of Allah (saws) and found him leaving the house of Hafsah. I asked him about that and he said: 'There is no harm in that when it (equals) the price.'"

[Abu 'Eisa said:] We do not know of this Hadith being Marfu' except from the narration of Simak bin Harb from Sa'eed bin Jubair, from Ibn 'Umar.

Dawud bin Abi Hind narrated this Hadith from Abu Sa'eed bin Jubair, from Ibn 'Umar in Mawquf form.

This is acted upon according to some of the people of knowledge. There is no harm in paying for gold with silver and silver with gold. This is the view of Ahmad and Ishaq. Some of the people of knowledge, among the Companions and others, disliked that.

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."