Abu Dawud said: Ibn Numair reported it from Hisham recently.

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.

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Allah Apostle said, "If I had gold equal to the mountain of Uhud, it would not please me that anything of it should remain with me after three nights (i.e., I would spend all of it in Allah's Cause) except what I would keep for repaying debts."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Malik ibn Abi Amir that Uthman ibn Affan used to say in khutbas, and he would seldom omit it if he was giving the khutba, "When the imam stands delivering the khutba on the day of jumua, listen and pay attention, for there is the same portion for someone who pays attention but cannot hear as for someone who pays attention and hears. And when the iqama of the prayer is called, straighten your rows and make your shoulders adjacent to each other, because the straightening of the rows is part of the completion of the prayer." Then he would not say the takbir until some men who had been entrusted with straightening the rows came and told him that they were straight. Then he would say the takbir.

`Abdullah bin `Umar used to do Rami of the Jamrat-ud-Dunya with seven small pebbles and used to recite Takbir on throwing each stone. He, then, would proceed further till he reached the level ground, where he would stay for a long time, facing the Qibla to invoke (Allah) while raising his hands. Then he would do Rami of the Jamrat-ul-Wusta similarly and would go to the left towards the level ground, where he would stand for a long time facing the Qibla to invoke (Allah) while raising his hands. Then he would do Rami of the Jamrat-ul-Aqaba from the middle of the valley, but he would not stay by it. Ibn `Umar used to say, "I saw Allah's Apostle doing like that."

Abu Dawud said: I read out this tradition to Yazid bin 'Abd Rabbihi al-Jurjisi. Muhammad bin Hard told you this tradition from al-Zabidi from al-Zuhri through his chain of narrators. This version added: Bit' is the nabidh from honey, which the people of the Yemen would drink.

Abu Dawud said: I heard Ahmad bin Hanbal say: There is no god but Allah. there was none stronger in memory and like al-Jurjisi among the people of Hims.

Allah's Apostle said, "The Hour will not be established (1) till two big groups fight each other whereupon there will be a great number of casualties on both sides and they will be following one and the same religious doctrine, (2) till about thirty Dajjals (liars) appear, and each one of them will claim that he is Allah's Apostle, (3) till the religious knowledge is taken away (by the death of Religious scholars) (4) earthquakes will increase in number (5) time will pass quickly, (6) afflictions will appear, (7) Al-Harj, (i.e., killing) will increase, (8) till wealth will be in abundance ---- so abundant that a wealthy person will worry lest nobody should accept his Zakat, and whenever he will present it to someone, that person (to whom it will be offered) will say, 'I am not in need of it, (9) till the people compete with one another in constructing high buildings, (10) till a man when passing by a grave of someone will say, 'Would that I were in his place (11) and till the sun rises from the West. So when the sun will rise and the people will see it (rising from the West) they will all believe (embrace Islam) but that will be the time when: (As Allah said,) 'No good will it do to a soul to believe then, if it believed not before, nor earned good (by deeds of righteousness) through its Faith.' (6.158) And the Hour will be established while two men spreading a garment in front of them but they will not be able to sell it, nor fold it up; and the Hour will be established when a man has milked his she-camel and has taken away the milk but he will not be able to drink it; and the Hour will be established before a man repairing a tank (for his livestock) is able to water (his animals) in it; and the Hour will be established when a person has raised a morsel (of food) to his mouth but will not be able to eat it."

(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.

When the Prophet (saws) was informed of anything of a certain man, he would not say: What is the matter with so and so that he says? But he would say: What is the matter with the people that they say such and such?

The Prophet (p.b.u.h) offered the funeral prayer of a man one night after he was buried, he and his companions stood up (for the Prayer). He had asked them about him before standing, saying, "Who is this?" They said, "He is so and so and was buried last night." So all of them offered the funeral prayer.

We came upon the Messenger of Allah (saws) in a deputation of Thaqif. The signatories of the pact came to al-Mughirah ibn Shu'bah as his guests. The Messenger of Allah (saws) made Banu-Malik stay in a tent of his.

Musaddad's version says: He was in the deputation of Thaqif which came to the Messenger of Allah (saws). He used to visit and have a talk with us every day after the night prayer.

The version of AbuSa'id says: He remained standing for such a long time (talking to us) that he put his weight sometimes on one leg and sometimes on the other due to his long stay. He mostly told us how his people, the Quraysh, behaved with him.

He would say: We were not equal; we were weak and degraded at Mecca (according to Musaddad's version). When we came over to Medina the fighting began between us; sometimes we overcome them and at other times they overcome us. One night he came late and did not come at the time he used to come.

We asked him: You came late tonight? He said: I could not recite the fixed part of the Qur'an that I used to recite every day. I disliked to come till I had completed it.

Aws said: I asked the companions of the Messenger of Allah (saws): How do you divide the Qur'an for daily recitation? They said: Three surahs, five surahs, eleven surahs, thirteen surahs' mufassal surahs.

Abu Dawud said: The version of Abu Sa'id is complete.

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad from Salih ibn Khawwat that Sahl ibn Abi Hathma related to him that the form of the prayer of fear was that the imam stood with a group of his companions, while another group faced the enemy. The imam prayed one raka with them, including the prostration, and then stood. He remained standing while they completed the remaining raka by themselves. They then said the taslim, left, and formed up opposite the enemy while the imam remained standing. Then the others who had not prayed came forward and said the takbir behind the imam and he prayed one raka with them, including the prostration. He then said the taslim, while they stood up and prayed the remaining raka by themselves. Then they said the taslim.

Allah's Apostle distributed something (from the resources of Zakat) amongst a group of people while I was sitting amongst them, but he left a man whom I considered the best of the lot. So, I went up to Allah's Apostle and asked him secretly, "Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim (Who surrender to Allah)." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer. " The Prophet said, "Or merely a Muslim." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim." Then Allah's Apostle (p.b.u.h) said, "I give to a person while another is dearer to me, for fear that he may be thrown in the Hell-fire on his face (by reneging from Islam)."

Allah's Apostle said, "If I had gold equal to the mountain of Uhud, it would not please me that it should remain with me for more than three days, except an amount which I would keep for repaying debts."

I heard Ibn `Abbas saying, "Allah's Apostle asked an Ansari woman (Ibn `Abbas named her but `Ata' forgot her name), 'What prevented you from performing Hajj with us?' She replied, 'We have a camel and the father of so-and-so and his son (i.e. her husband and her son) rode it and left one camel for us to use for irrigation.' He said (to her), 'Perform `Umra when Ramadan comes, for `Umra in Ramadan is equal to Hajj (in reward),' or said something similar."

The Prophet (saws) appointed a sixth to a grandmother if no mother is left to inherit before her.

The Prophet said, "None spoke in cradle but three: (The first was) Jesus, (the second was), there a man from Bani Israel called Juraij. While he was offering his prayers, his mother came and called him. He said (to himself), 'Shall I answer her or keep on praying?" (He went on praying) and did not answer her, his mother said, "O Allah! Do not let him die till he sees the faces of prostitutes." So while he was in his hermitage, a lady came and sought to seduce him, but he refused. So she went to a shepherd and presented herself to him to commit illegal sexual intercourse with her and then later she gave birth to a child and claimed that it belonged to Juraij. The people, therefore, came to him and dismantled his hermitage and expelled him out of it and abused him. Juraij performed the ablution and offered prayer, and then came to the child and said, 'O child! Who is your father?' The child replied, 'The shepherd.' (After hearing this) the people said, 'We shall rebuild your hermitage of gold,' but he said, 'No, of nothing but mud.'(The third was the hero of the following story) A lady from Bani Israel was nursing her child at her breast when a handsome rider passed by her. She said, 'O Allah ! Make my child like him.' On that the child left her breast, and facing the rider said, 'O Allah! Do not make me like him.' The child then started to suck her breast again. (Abu Huraira further said, "As if I were now looking at the Prophet sucking his finger (in way of demonstration.") After a while the people passed by, with a lady slave and she (i.e. the child's mother) said, 'O Allah! Do not make my child like this (slave girl)!, On that the child left her breast and said, 'O Allah! Make me like her.' When she asked why, the child replied, 'The rider is one of the tyrants while this slave girl is falsely accused of theft and illegal sexual intercourse."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

When Abu Dhar received the news of the Advent of the Prophet he said to his brother, "Ride to this valley (of Mecca) and try to find out the truth of the person who claims to be a prophet who is informed of the news of Heaven. Listen to what he says and come back to me." So his brother set out and came to the Prophet and listened to some of his talks, and returned to Abu Dhar and said to him. "I have seen him enjoining virtuous behavior and saying something that is not poetry." Abu Dhar said, "You have not satisfied me as to what I wanted." He then took his journey-food and carried a waterskin of his, containing some water till be reached Mecca. He went to the Mosque and searched for the Prophet and though he did not know him, he hated to ask anybody about him. When a part of the night had passed away, `Ali saw him and knew that he was a stranger. So when Abu Dhar saw `Ali, he followed him, and none of them asked his companion about anything, and when it was dawn, Abu Dhar took his journey food and his water-skin to the Mosque and stayed there all the day long without being perceived by the Prophet, and when it was evening, he came back to his retiring place. `Ali passed by him and said, "Has the man not known his dwelling place yet?" So `Ali awakened him and took him with him and none of them spoke to the other about anything. When it was the third day. `Ali did the same and Abu Dhar stayed with him. Then `Ali said "Will you tell me what has brought you here?" Abu Dhar said, "If you give me a firm promise that you will guide me, then I will tell you." `Ali promised him, and he informed `Ali about the matter. `Ali said, "It is true, and he is the Apostle of Allah. Next morning when you get up, accompany me, and if I see any danger for you, I will stop as if to pass water, but if I go on, follow me and enter the place which I will enter." Abu Dhar did so, and followed `Ali till he entered the place of the Prophet, and Abu Dhar went in with him, Abu Dhar listened to some of the Prophet's talks and embraced Islam on the spot. The Prophet said to him, "Go back to your people and inform them (about it) till you receive my order." Abu Dhar said, "By Him in Whose Hand my life is, I will proclaim my conversion loudly amongst them (i.e. the pagans)." So he went out, and when he reached the Mosque, he said as loudly as possible, "I bear witness that None has the right to be worshipped except Allah, and Muhammad is ...

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and ...

A Jew killed a girl so that he may steal her ornaments. He struck her with a stone, and she was brought to the Prophet while she was still alive. The Prophet asked her, "Did such-and-such person strike you?" She gestured with her head, expressing denial. He asked her for the second time, and she again gestured with her head, expressing denial. When he asked her for the third time, she beckoned, "Yes." So the Prophet killed him (the Jew) with two stones.

I asked `Aisha the wife of the Prophet about the meaning of the following Verse: -- "(Respite will be granted) 'Until when the apostles give up hope (of their people) and thought that they were denied (by their people)..............."(12.110) `Aisha replied, "Really, their nations did not believe them." I said, "By Allah! They were definite that their nations treated them as liars and it was not a matter of suspecting." `Aisha said, "O 'Uraiya (i.e. `Urwa)! No doubt, they were quite sure about it." I said, "May the Verse be read in such a way as to mean that the apostles thought that Allah did not help them?" Aisha said, "Allah forbid! (Impossible) The Apostles did not suspect their Lord of such a thing. But this Verse is concerned with the Apostles' followers who had faith in their Lord and believed in their apostles and their period of trials was long and Allah's Help was delayed till the apostles gave up hope for the conversion of the disbelievers amongst their nation and suspected that even their followers were shaken in their belief, Allah's Help then came to them."

I used to write (the account of) the expenditure incurred on orphans who were under the guardianship of so-and-so. They cheated him by one thousand dirhams and he paid these (this amount) to them. I then got double the property which they deserved. I said (to the man: Take one thousand (dirhams) which they have taken from you (by cheating). He said: No, my father has told me that he heard the Messenger of Allah (saws) say: Pay the deposit to him who deposited it with you, and do not betray him who betrays you.

While Allah's Apostle was prostrating (as stated below).

Narrated `Abdullah bin Mas`ud:

Once the Prophet was offering prayers at the Ka`ba. Abu Jahl was sitting with some of his companions. One of them said to the others, "Who amongst you will bring the Abdominal contents (intestines, etc.) of a camel of Bani so and so and put it on the back of Muhammad, when he prostrates?" The most unfortunate of them got up and brought it. He waited till the Prophet prostrated and then placed it on his back between his shoulders. I was watching but could not do any thing. I wish I had some people with me to hold out against them. They started laughing and falling on one another. Allah's Apostle was in prostration and he did not lift his head up till Fatima (Prophet's daughter) came and threw that (camel's Abdominal contents) away from his back. He raised his head and said thrice, "O Allah! Punish Quraish." So it was hard for Abu Jahl and his companions when the Prophet invoked Allah against them as they had a conviction that the prayers and invocations were accepted in this city (Mecca). The Prophet said, "O Allah! Punish Abu Jahl, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, and `Uqba bin Al Mu'it [??] (and he mentioned the seventh whose name I cannot recall). By Allah in Whose Hands my life is, I saw the dead bodies of those persons who were counted by Allah's Apostle in the Qalib (one of the wells) of Badr.