Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "

Abu Talha had a child who was sick. Once, while Abu Talha was out, the child died. When Abu Talha returned home, he asked, "How does my son fare?" Um Salaim (his wife) replied, "He is quieter than he has ever been." Then she brought supper for him and he took his supper and slept with her. When he had finished, she said (to him), "Bury the child (as he's dead)." Next morning Abu Talha came to Allah's Apostle and told him about that. The Prophet said (to him), "Did you sleep with your wife last night?" Abu Talha said, "Yes". The Prophet said, "O Allah! Bestow your blessing on them as regards that night of theirs." Um Sulaim gave birth to a boy. Abu Talha told me to take care of the child till it was taken to the Prophet. Then Abu Talha took the child to the Prophet and Um Sulaim sent some dates along with the child. The Prophet took the child (on his lap) and asked if there was something with him. The people replied, "Yes, a few dates." The Prophet took a date, chewed it, took some of it out of his mouth, put it into the child's mouth and did Tahnik for him with that, and named him 'Abdullah.

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

Yahya related to me from Malik from Ibn Shihab from Uthman ibn Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said to her, 'You have nothing in the Book of Allah, and I do not know that you have anything in the sunna of the Messenger of Allah, may Allah bless him and grant him peace. Go away therefore, until I have questioned the people.' (i.e.the Companions). He questioned the people, and al-Mughira ibn Shuba said, 'I was present with the Messenger of Allah, may Allah bless him and grant him peace, when he gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else with you?' Muhammad ibn Maslama al-Ansari stood up and said the like of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the other grandmother came to Umar ibn al-Khattab and asked him for her inheritance. He said to her, "You have nothing in the Book of Allah, and what has been decided is only for other than you, and I am not one to add to the fixed shares, other than that sixth. If there are two of you together, it is between you. If eitherof you is left alone with it, it is hers."

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

"Fatimah came to Abu Bakr and said: 'Who will inherit from you?' He said: 'My family and my son.' She said: 'So what about me? I do not get inheritance from my father?' So Abu Bakr said: 'I heard the Messenger of Allah (saws) say: 'We are not inherited from' but I support those whom the Messenger of Allah (saws) used to support, and I spend upon those whom the Messenger of Allah (saws) spent upon."

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, Talhah, Az-Zubair, 'Abdur-Rahman bin 'Awf, Sa'd and 'Aishah.

The Hadith of Abu Hurairah is Hasan Gharib from this route. It is only reported with a chain by Hammad bin Salamah and 'Abdul Wahhab bin 'Ata, from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah.

I asked Muhammad about this Hadith and he said: "No one is known to have reported it from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah except from Hammad bin Salamah. 'Abdul Wahhab bin 'Ata reported it from Muhammad bib 'Amr, from Abu Salamah, and from Abu Hurairah and it is similar to the narration of Hammad bin Salamah. And this Hadith has been reported through other routes from Abu Bakr As-Siddiq, from the Prophet (saws).

My grandfather said, "We were in the company of the Prophet at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

Abu Dawud said: This tradition has been narrated by Hammam from ibn Juhadah, but he did not mention the raising of hands after he raised his head at the end of the prostration.

The Prophet said, "Whoever has no Izar (waist sheet), can wear trousers; and whoever has no sandals, can wear Khuffs (socks made from thick fabric or leather, but cut them short below the ankles)."

the Prophet said, "Allah said, "I have prepared for My righteous slaves (such excellent things) as no eye has ever seen, nor an ear has ever heard nor a human heart can ever think of.' "

I heard Allah's Apostle saying, "Before Allah created the creations, He wrote a Book (wherein He has written): My Mercy has preceded my Anger." and that (Book) is written with Him over the Throne."

Abdullah, the freed slave of Shahddad, came to 'A'isha and transmitted from her a hadith like this (which she narrated) from the Holy Prophet (may peace be upon him).

My father sent me to the Prophet (saws) to take the camels which he had given him from among those of sadaqah.

I never saw the Messenger of Allah (saws) that some dispute which involved retaliation was brought to him but he commanded regarding it for remission.

Five (great events) have passed: the Smoke, the Moon, the Romans, the Mighty grasp and the constant Punishment which occurs in 'So the torment will be yours forever.' (25.77)

The Prophet said: "The stipulations most entitled to be abided by are those with which you are given the right to enjoy the (women's) private parts (i.e. the stipulations of the marriage contract).

Allah's Apostle said, "The best alms is that which you give when you are rich, and you should start first to support your dependants."

Whenever the Prophet went to answer the call of nature, I used to bring water with which he used to clean his private parts.

The Prophet was asked regarding ghee in which a mouse had fallen. He said, "Take out the mouse and throw away the ghee around it (and use the rest.)"

Allah's Apostle entered Mecca from Kada' from the highest Thaniya which is at Al-Batha' and used to leave Mecca from the low Thaniya.

The Prophet allowed the sale of the dates of 'Araya provided they were about five Awsuq (singular: Wasaq which means sixty Sa's) or less (in amount).

Allah's Apostle rode a donkey on which there was a saddle covered by a velvet sheet and let Usama ride behind him (on the donkey).

The Prophet said, "Every betrayer will have a flag which will be fixed on the Day of Resurrection, and the flag's prominence will be made in order to show the betrayal he committed."

The Prophet said, "One of the sayings of the prophets which the people have got, is. 'If you do not feel ashamed, then do whatever you like."

When the Messenger of Allah (saws) put on a new garment he mentioned it by name, turban or shirt, and would then say: O Allah, praise be to Thee! as Thou hast clothed me with it, I ask Thee for its good and the good of that for which it was made, and I seek refuge in Thee from its evil and the evil of that for which it was made.

Abu Nadrah said: When any of the Companions of the Prophet (saws) put on a new garment, he was told: May you wear it out and may Allah give you another in its place.

The Prophet said, "Whoever slaughtered the sacrifice before the `Id prayer, should repeat it (slaughter another one)." A man said "This is the day on which meat is desired." Then he mentioned the need of his neighbors (for meat) and the Prophet seemed to accept his excuse. The man said, "I have a Jadha'a which is to me better than two sheep." The Prophet allowed him (to slaughter it as a sacrifice). But I do not know whether this permission was general for all Muslims or not. The Prophet then went towards two rams and slaughtered them, and the people went towards their sheep and slaughtered them.

"The Messenger of Allah (saws) arranged for the Mudammar among horses to race from Al-Hafiya' to Thaniyyah Al-Wada', between which was a distance of six miles. And for whatever horse was not among the Mudammar, they raced from Thaniya Al-Wada' to the Masjid of Banu Zuraiq, between which was a distance of a mile. I was among those who raced, and my horse jumped along with me over a wall."

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah, Jabir, Anas, and 'Aishah. This Hadith is Hasan Sahih Gharib as a narration of Ath-Thawri.

"The wealth of Banu An-Nadir was among the spoils of war which Allah granted upon His Messenger (saws) which the Muslims did not gain with the rush of their horses nor camel. So it was purely for the Messenger of Allah (saws), and the Messenger of Allah (saws) would set aside a year's worth of expenditure for his family, then he would use what remained of it for horses and weapons to be used in Allah's cause."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Sufyan bin 'Uyainah reported this Hadith from Ma'mar, from Ibn Shihab.