Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

Allah's Apostle said, "Your period (i.e. the Muslims' period) in comparison to the periods of the previous nations, is like the period between the `Asr prayer and sunset. And your example in comparison to the Jews and the Christians is like the example of a person who employed some laborers and asked them, 'Who will work for me till midday for one Qirat each?' The Jews worked for half a day for one Qirat each. The person asked, 'Who will do the work for me from midday to the time of the `Asr (prayer) for one Qirat each?' The Christians worked from midday till the `Asr prayer for one Qirat. Then the person asked, 'Who will do the work for me from the `Asr till sunset for two Qirats each?' " The Prophet added, "It is you (i.e. Muslims) who are doing the work from the `Asr till sunset, so you will have a double reward. The Jews and the Christians got angry and said, 'We have done more work but got less wages.' Allah said, 'Have I been unjust to you as regards your rights?' They said, 'No.' So Allah said, 'Then it is My Blessing which I bestow on whomever I like. "

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

He said: I mentioned it to al-A’mash. He said: I swear by Allah, I heard it from him.

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

Yahya related to me from Malik that Yahya ibn Said said, "I have heard that the first of the actions of a slave to be considered on the day of rising is the prayer. If it is accepted from him, the rest of his actions will be considered, and if it is not accepted from him, none of his actions will be considered."

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

That the Messenger of Allah (saws) said: "There are six things with Allah for the martyr. He is forgiven with the first flow of blood (he suffers), he is shown his place in Paradise, he is protected from punishment in the grave, secured from the greatest terror, the crown of dignity is placed upon his head - and its gems are better than the world and what is in it - he is married to seventy two wives along Al-Huril-'Ayn of Paradise, and he may intercede for seventy of his close relatives."

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

Abu Dawud said: In this way Hashim al-dastawa’I transmitted it from Qatadah, but he said : “If anyone memorizes the closing verses of surat al-Kahf.” Shu’bah narrated from Qatadah the words “from the end of al-Kahf.

I said to `Abida, "I have some of the hair of the Prophet which I got from Anas or from his family." `Abida replied. "No doubt if I had a single hair of that it would have been dearer to me than the whole world and whatever is in it."

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

The Prophet said, "The example of guidance and knowledge with which Allah has sent me is like abundant rain falling on the earth, some of which was fertile soil that absorbed rain water and brought forth vegetation and grass in abundance. (And) another portion of it was hard and held the rain water and Allah benefited the people with it and they utilized it for drinking, making their animals drink from it and for irrigation of the land for cultivation. (And) a portion of it was barren which could neither hold the water nor bring forth vegetation (then that land gave no benefits). The first is the example of the person who comprehends Allah's religion and gets benefit (from the knowledge) which Allah has revealed through me (the Prophets and learns and then teaches others. The last example is that of a person who does not care for it and does not take Allah's guidance revealed through me (He is like that barren land.)"

The Prophet (saws) said: from grapes wine is made, from dried dates wine is made, from honey wine is made, from wheat wine is made, from barley wine is made.

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one calls to guidance without having the same reward as those who follow him without diminishing their rewards at all. And no one calls to error without having the same burdens as they do without diminishing their burdens at all."

The Prophet said, "If one manumits his share of a common slave (Abd), and he has money sufficient to free the remaining portion of the price of the slave (justly estimated), then he should free the slave completely by paying the rest of his price; otherwise the slave is freed partly. "

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

I felt greatly distressed by the frequent flowing of prostatic fluid. For this reason I used to take a bath very often. I asked the apostle of Allah (saws) about this. He replied: Ablution will be sufficient for you because of this. I asked: Messenger of Allah, what should I do if it smears my clothes. He replied: It is sufficient if you take a handful of water and sprinkle it on your clothe when you find it has smeared it.

Sa`d bin 'Ubada said, "If I saw a man with my wife, I would strike him (behead him) with the blade of my sword." This news reached Allah's Apostle who then said, "You people are astonished at Sa`d's Ghira. By Allah, I have more Ghira than he, and Allah has more Ghira than I, and because of Allah's Ghira, He has made unlawful Shameful deeds and sins (illegal sexual intercourse etc.) done in open and in secret. And there is none who likes that the people should repent to Him and beg His pardon than Allah, and for this reason He sent the warners and the givers of good news. And there is none who likes to be praised more than Allah does, and for this reason, Allah promised to grant Paradise (to the doers of good)." `Abdul Malik said, "No person has more Ghira than Allah."

Allah's Apostle said, "Whoever has wronged his brother, should ask for his pardon (before his death), as (in the Hereafter) there will be neither a Dinar nor a Dirham. (He should secure pardon in this life) before some of his good deeds are taken and paid to his brother, or, if he has done no good deeds, some of the bad deeds of his brother are taken to be loaded on him (in the Hereafter).

Jabir ibn Abdullah used to say that a Jewess from the inhabitants of Khaybar poisoned a roasted sheep and presented it to the Messenger of Allah (saws) who took its foreleg and ate from it. A group of his companions also ate with him.

The Messenger of Allah (saws) then said: Take your hands away (from the food). The Messenger of Allah (saws) then sent someone to the Jewess and he called her.

He said to her: Have you poisoned this sheep? The Jewess replied: Who has informed you? He said: This foreleg which I have in my hand has informed me. She said: Yes. He said: What did you intend by it? She said: I thought if you were a prophet, it would not harm you; if you were not a prophet, we should rid ourselves of him (i.e. the Prophet). The Messenger of Allah (saws) then forgave her, and did not punish her. But some of his companions who ate it, died. The Messenger of Allah (saws) had himself cupped on his shoulder on account of that which he had eaten from the sheep. AbuHind cupped him with the horn and knife. He was a client of Banu Bayadah from the Ansar.

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

Yahya related to me from Malik that Zayd ibn Aslam said, ''Umar ibn al Khattab drank some milk which he liked (very much) and he asked the man who had given it to him, 'Where did this milk come from?' The man told him that he had come to a watering-place, which he named, and had found grazing livestock from the zakat watering there. He was given some of their milk, which he then put into his water-skin, and that was the milk in question. Umar ibn al-Khattab then put his hand into his mouth to make himself vomit."

Malik said, "The position with us is that if anyone refuses to honour one of the obligatory demands of Allah, and the muslims are unable to get it, then they have the right to fight him until they get itfrom him."

Women who are divorced shall wait, keeping themselves apart, three monthly courses; and then said: And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months. This was abrogated from the former verse. Again he said: (O ye who believe, if ye wed believing women) and divorce them before ye have touched them, then there is no period that ye should reckon."

Yahya related to me from Malik from Zayd ibn Aslam from lyad ibn Abdullah ibn Sad ibn Abi Sarh al-Amiri that he had heard Abu Said al- Khudri say, "We used to pay the zakat al-fitr with a sa of wheat, or a sa of barley, or a sa of dates, or a sa of dried sour milk, or a sa of raisins, using the sa of the Prophet, may Allah bless him and grant him peace . "

Ziyad related to me from Malik that he had heard a man he trusted of the people of knowledge say, "The Messenger of Allah, may Allah bless him and grant him peace, was shown the lifespans of the people (who had gone) before him, or what Allah willed of that, and it was as if the lives of the people of his community had become too short for them to be able to do as many good actions as others before them had been able to do with their long lives, so Allah gave him Laylat al- Qadr, which is better than a thousand months."