The Prophet visited me during Hajjat ul-Wada` while I was suffering from a disease which brought me to the verge of death. I said, "O Allah's Apostle! My ailment has reached such a (bad) state as you see, and I have much wealth, but I have no-one to inherit from me except my only daughter. Shall I give 2/3 of my property as alms (in charity)?" The Prophet said, "No," I said, "Shall I give half of my property as alms?" He said, "No." I said, "(Shall I give) 1/3 of it? " He replied, " 1/3, and even 1/3 is too much. It is better for you to leave your inheritors wealthy rather than to leave them poor, begging people (for their sustenance); and whatever you spend for Allah's Sake, you will get reward for it even for the morsel of food which you put in your wives mouth." I said, "O Allah's Apostle! Should I remain (in Mecca) behind my companions (who are going with you to Medina)?" The Prophet said, "If you remain behind, any good deed which you will do for Allah's Sake, will upgrade and elevate you. May be you will live longer so that some people may benefit by you and some other (i.e. infidels) may get harmed by you." The Prophet then added, "O Allah! Complete the Migration of my companions and do not turn them on their heels. But the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca) ." Allah's Apostle pitied Sa`d for he died in Mecca.

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

That a man came to him (while two groups of Muslims were fighting) and said, "O Abu `Abdur Rahman! Don't you hear what Allah has mentioned in His Book: 'And if two groups of believers fight against each other...' (49.9) So what prevents you from fighting as Allah has mentioned in His Book?"' Ibn `Umar said, "O son of my brother! I would rather be blamed for not fighting because of this Verse than to be blamed because of another Verse where Allah says: 'And whoever kills a believer intentionally..." (4.93) Then that man said, "Allah says:-- 'And fight them until there is no more afflictions (worshipping other besides Allah) and the religion (i.e. worship) will be all for Allah (Alone)" (8.39) Ibn `Umar said, "We did this during the lifetime of Allah's Apostle when the number of Muslims was small, and a man was put to trial because of his religion, the pagans would either kill or chain him; but when the Muslims increased (and Islam spread), there was no persecution." When that man saw that Ibn `Umar did not agree to his proposal, he said, "What is your opinion regarding `Ali and `Uthman?" Ibn `Umar said, "What is my opinion regarding `Ali and `Uthman? As for `Uthman, Allah forgave him and you disliked to forgive him, and `Ali is the cousin and son-in-law of Allah's Apostle ." Then he pointed out with his hand and said, "And that is his daughter's (house) which you can see."

I heard Hisham bin Hakim reciting Surat Al-Furqan during the lifetime of Allah's Apostle and I listened to his recitation and noticed that he recited in several different ways which Allah's Apostle had not taught me. I was about to jump over him during his prayer, but I controlled my temper, and when he had completed his prayer, I put his upper garment around his neck and seized him by it and said, "Who taught you this Sura which I heard you reciting?" He replied, "Allah's Apostle taught it to me." I said, "You have told a lie, for Allah's Apostle has taught it to me in a different way from yours." So I dragged him to Allah's Apostle and said (to Allah's Apostle), "I heard this person reciting Surat Al-Furqan in a way which you haven't taught me!" On that Allah's Apostle said, "Release him, (O `Umar!) Recite, O Hisham!" Then he recited in the same way as I heard him reciting. Then Allah's Apostle said, "It was revealed in this way," and added, "Recite, O `Umar!" I recited it as he had taught me. Allah's Apostle then said, "It was revealed in this way. This Qur'an has been revealed to be recited in seven different ways, so recite of it whichever (way) is easier for you (or read as much of it as may be easy for you).

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

The Prophet (saws) said: Do not unveil your thigh, and do not look at the thigh of the living and the dead.

The Prophet (saws) said: Make a mention of the virtues of your dead, and refrain from (mentioning) their evils.

I heard `Aisha reciting: "When you invented a lie (and carry it) on your tongues." (24.15)

The Verse: 'Neither say your prayer aloud, nor say it in a low tone.' (17.110) was revealed as regards invocation.

Let the best among you call the adhan for you, and the Qur'an-readers act as your imams.

Allah's Apostle said, "Help your brother, whether he is an oppressor or he is an oppressed one."

Ibn `Umar never offered the Duha prayer except on two occasions: (1) Whenever he reached Mecca; and he always used to reach Mecca in the forenoon. He would perform Tawaf round the Ka`ba and then offer two rak`at at the rear of Maqam Ibrahim. (2) Whenever he visited Quba, for he used to visit it every Saturday. When he entered the Mosque, he disliked to leave it without offering a prayer. Ibn `Umar narrated that Allah's Apostle used to visit the Mosque of Quba (sometime) walking and (sometime) riding. And he (i.e. Ibn `Umar) used to say, "I do only what my companions used to do and I don't forbid anybody to pray at any time during the day or night except that one should not intend to pray at sunrise or sunset."

Allah's Apostle shrouded every two martyrs of Uhud in one piece of cloth and then he would ask, "Which of them knew more Qur'an?" When one of them was pointed out he would put him first in the grave. He said, "I am a witness on these." Then he ordered them to be buried with blood on their bodies. Neither did he offer their funeral prayer nor did he get them washed. (Jabir bin `Abdullah added): Allah's Apostle used to ask about the martyrs of Uhud as to which of them knew more of the Qur'an." And when one of them was pointed out as having more of it he would put him first in the grave and then his companions. (Jabir added): My father and my uncle were shrouded in one sheet.

That the Prophet (saws) "Every intoxicant is unlawful."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Anas, Abu Sa'eed, Abu Musa, Al-Ashajj, Al-Asri', Dailam, Maimunah, 'Aishah, Ibn 'Abbas, Qais bin Sa'd, An-Nu'man bin Bashir, Mu'awiyah, 'Abdullah bin Mughaffal, Umm Salamah, Buraidah, Abu Hurairah, Wa'il bin Hujr, and Qurrah Al-Muzani.

[Abu 'Eisa said:] This Hadith is Hasan. Similar was reported from Abu Salamah, from Abu Hurairah, from the Prophet (saws). Both of these are Sahih. More than one narrator reported similarly from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah, from the Prophet (saws), and from Abu Salamah, from Ibn 'Umar, from the Prophet (saws).

We used to worship stones, and when we found a better stone than the first one, we would throw the first one and take the latter, but if we could not get a stone then we would collect some earth (i.e. soil) and then bring a sheep and milk that sheep over it, and perform the Tawaf around it. When the month of Rajab came, we used (to stop the military actions), calling this month the iron remover, for we used to remove and throw away the iron parts of every spear and arrow in the month of Rajab. Abu Raja' added: When the Prophet sent with (Allah's) Message, I was a boy working as a shepherd of my family camels. When we heard the news about the appearance of the Prophet, we ran to the fire, i.e. to Musailima al-Kadhdhab.

`Ata' said, "Jabir bin `Abdullah said, 'The Prophet went out on the Day of `Id-ul-Fitr and offered the prayer before delivering the Khutba, Ata told me that during the early days of Ibn Az-Zubair, Ibn `Abbas had sent a message to him telling him that the Adhan for the `Id Prayer was never pronounced (in the life time of Allah's Apostle) and the Khutba used to be delivered after the prayer. Ata told me that Ibn `Abbas and Jabir bin `Abdullah, had said, "There was no Adhan for the prayer of `Id-ul-Fitr and `Id-ul-Aqha." `Ata' said, "I heard Jabir bin `Abdullah saying, 'The Prophet stood up and started with the prayer, and after it he delivered the Khutba. When the Prophet of Allah (p.b.u.h) finished (the Khutba), he went to the women and preached to them, while he was leaning on Bilal's hand. Bilal was spreading his garment and the ladies were putting alms in it.' " I said to Ata, "Do you think it incumbent upon an Imam to go to the women and preach to them after finishing the prayer and Khutba?" `Ata' said, "No doubt it is incumbent on Imams to do so, and why should they not do so?"

Some lady said, "O Allah's Apostle! My husband has another wife, so it is sinful of me to claim that he has given me what he has not given me (in order to tease her)?" Allah's Apostle said, The one who pretends that he has been given what he has not been given, is just like the (false) one who wears two garments of falsehood."

The aunt of Umarah ibn Umayr asked Aisha: I have an orphan in my guardianship. May I enjoy from his property? She said: The Messenger of Allah (saws) said: The pleasantest things a man enjoys come from what he earns, and his child comes from what he earns.

Yahya related to me from Malik from Ibn Shihab that Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about a man who made a vow to abstain from intercourse with his wife, "If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda."

When Allah's Apostle decided to leave Mecca after the Hajj, he saw Safiyya, sad and standing at the entrance of her tent. He said to her, "Aqr (or) Halq! You will detain us. Did you perform Tawaf-al- Ifada on the day of Nahr? She said, "Yes." He said, "Then you can depart."

I asked `Aisha, mother of the believers, "O mother of the believers! How were the deeds of the Prophet? Did he use to do extra deeds of worship on special days?" She said, "No, but his deeds were regular and constant, and who among you is able to do what the Prophet was able to do (i.e. in worshipping Allah)?"

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that somebody asked a man for his sister in marriage and the man mentioned that she had committed fornication. Umar ibn al-Khattab heard about it and he beat the man or almost beat him, and said, "What did you mean by giving him such information?"

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, divorced his free wife twice, so he asked Uthman ibn Affan for an opinion, and he said, "She is haram for you."

Had Allah's Apostle known what the women were doing, he would have forbidden them from going to the mosque as the women of Bani Israel had been forbidden. Yahya bin Sa`id (a sub-narrator) asked `Amra (another sub-narrator), "Were the women of Bani Israel forbidden?" She replied "Yes."

A man was in the company of the Prophet and his she-camel crushed his neck while he was in a state of Ihram and he died Allah's Apostle said, "Wash him with water and Sidr and shroud him in his two garments; neither perfume him nor cover his head, for he will be resurrected on the Day of Resurrection, reciting Talbiya."

That she brought a side of roasted meat to the Messenger of Allah (saws), so he ate it from it and stood for Salat, and did not perform Wudu'

He said: There are narrations on this topic from 'Abdullah bin Al-Harith, Al-Mughirah, and Abu Rafi'

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib from this route.

`Aisha brought out to us a patched wool Len garment, and she said, "(It chanced that) the soul of Allah's Apostle was taken away while he was wearing this." Abu-Burda added, "Aisha brought out to us a thick waist sheet like the ones made by the Yemenites, and also a garment of the type called Al- Mulabbada."

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.' "

Allah's Apostle proceeded from `Arafat till when he reached the mountain pass, he dismounted, urinated and then performed ablution but not a perfect one. I said to him, ("Is it the time for) the prayer, O Allah's Apostle?" He said, "The (place of) prayer is ahead of you." He rode till when he reached Al-Muzdalifa, he dismounted and performed ablution and a perfect one, The (call for) Iqama was pronounced and he led the Maghrib prayer. Then everybody made his camel kneel down at its place. Then the Iqama was pronounced for the `Isha' prayer which the Prophet led and no prayer was offered in between the two . prayers (`Isha' and Maghrib).

Ibn `Umar said, "The Prophet arrived at Mecca and sent for `Uthman bin Talha. He opened the gate of the Ka`ba and the Prophet, Bilal, Usama bin Zaid and `Uthman bin Talha entered the Ka`ba and then they closed its door (from inside). They stayed there for an hour, and then came out." Ibn `Umar added, "I quickly went to Bilal and asked him (whether the Prophet had prayed). Bilal replied, 'He prayed in it.' I asked, 'Where?' He replied, 'Between the two pillars.' "Ibn `Umar added, "I forgot to ask how many rak`at he (the Prophet) had prayed in the Ka`ba."

The Prophet once passed by two graves, and those two persons (in the graves) were being tortured. He said, "They are being tortured not for a great thing (to avoid). One of them never saved himself from being soiled with his urine, while the other went about committing slander (to make enmity between friends). He then took a green leaf of a date-palm tree split it into two pieces and fixed one on each grave. The people said, "O Allah's Apostle! Why have you done so?" He replied, "I hope that their punishment may be lessened till they (the leaf) become dry."