Yahya said, "Malik related to us from Ibn Shihab from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The pledge given as security is not forfeited.' "

Malik said, "The explanation of that according to what we think - and Allah knows best - is that a man gives a pledge to somebody in security for something. The pledge is superior to that for which he pawned it. The pledger says to the pawn-broker, 'I will bring you your due, after such-and-such a time. If not, the pledge is yours for what it was pawned for.' "

Malik said, "This transaction is not good and it is not halal. This is what was forbidden. If the owner brings what he pledged it for after the period, it is his. I think that the time condition is void."

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

Yahya related to me from Malik that he heard that a beggar asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, for something while she was fasting and there was only a loaf of bread in her house. She said to her female mawla, "Give it to him." The mawla protested, "You will not have anything to break your fast with." A'isha repeated, "Give it to him," so she did so. When evening came, the people of a house or a man who did not usually give to them, gave them a sheep and some food to go with it. A'isha, umm al-muminin, called her mawla and said, "Eat from this. This is better than your loaf of bread."

Yahya related to me from Malik from Ibn Shihab that A'isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, began fasting voluntarily one morning and then food was given to them and they broke their fast with it. Then the Messenger of Allah, may Allah bless him and grant him peace, came in. A'isha said, "Hafsa asked, anticipating me in speech - she took after her father Umar - 'Messenger of Allah, A'isha and I began the morning fasting voluntarily and then food was given us and we broke the fast with it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Fast another day in its place.' "

I asked `Abdullah bin `Amr bin Al-`As to inform me of the worst thing the pagans had done to Allah's Apostle. He said: "While Allah's Apostle was praying in the courtyard of the Ka`ba, `Uqba bin Abi Mu'ait came and seized Allah's Apostle by the shoulder and twisted his garment round his neck and throttled him severely. Abu Bakr came and seized `Uqba's shoulder and threw him away from Allah's Apostle and said, "Would you kill a man because he says: 'My Lord is Allah,' and has come to you with clear Signs from your Lord?" (40.28)

When Al-Mundhir bin Abu Usaid was born, he was brought to the Prophet who placed him on his thigh. While Abu Usaid was sitting there, the Prophet was busy with something in his hands so Abu Usaid told someone to take his son from the thigh of the Prophet . When the Prophet finished his job (with which he was busy), he said, "Where is the boy?" Abu Usaid replied, "We have sent him home." The Prophet said, "What is his name?" Abu Usaid said, "(His name is) so-and-so. " The Prophet said, "No, his name is Al-Mundhir." So he called him Al-Mundhir from that day.

The Prophet said, "The most superior way of asking for forgiveness from Allah is: 'Allahumma anta Rabbi la ilaha illa anta. Khalaqtani wa ana `Abduka, wa ana 'ala 'ahdika wa Wa'dika mastata'tu abu'u Laka bi ni 'matika wa abu'u Laka bidhanbi; faghfirli fa'innahu la yaghfiru-dh-dhunuba ill a ant a. A'uidhu bika min sharri ma sana'tu.' If somebody recites this invocation during the night, and if he should die then, he will go to Paradise (or he will be from the people of Paradise). And if he recites it in the morning, and if he should die on the same day, he will have the same fate."

I heard `Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Alqama bin Waqqas and 'Ubaidullah bin `Abdullah narrating from `Aisha, the wife of the Prophet, the story about the liars who said what they said about her and how Allah revealed her innocence afterwards. Each one of the above four narrators narrated to me a portion of her narration. (It was said in it), "The Prophet stood up, saying, 'Is there anyone who can relieve me from `Abdullah bin Ubai?' On that, Usaid bin Hudair got up and said to Sa`d bin 'Ubada, La`Amrullahi (By the Eternity of Allah), we will kill him!' "

An army unit was being recruited from the people of Medina and my name was written among them. Then I met `Ikrima, and when I informed him about it, he discouraged me very strongly and said, "Ibn `Abbas told me that there were some Muslims who were with the pagans to increase their number against Allah's Apostle (and the Muslim army) so arrows (from the Muslim army) would hit one of them and kill him or a Muslim would strike him (with his sword) and kill him. So Allah revealed:-- 'Verily! As for those whom the angels take (in death) while they are wronging themselves (by staying among the disbelievers).' (4.97)

We gave the Pledge of allegiance to the Prophet and he recited to me the verse (60.12). That they will not associate anything in worship with Allah (60.12). And he also prevented us from wailing and lamenting over the dead. A woman from us held her hand out and said, "Such-and-such a woman cried over a dead person belonging to my family and I want to compensate her for that crying" The Prophet did not say anything in reply and she left and returned. None of those women abided by her pledge except Um Sulaim, Um Al-`Ala', and the daughter of Abi Sabra, the wife of Al-Mu`adh or the daughter of Abi Sabra, and the wife of Mu`adh.

Allah's Apostle said, "While I was sleeping, I saw myself (in a dream) standing by a well. I drew from it as much water as Allah wished me to draw, and then Ibn Quhafa (Abu Bakr) took the bucket from me and drew one or two buckets, and there was weakness in his drawing----may Allah forgive him! Then `Umar took the bucket which turned into something like a big drum. I had never seen a powerful man among the people working as perfectly and vigorously as he did. (He drew so much water that) the people drank to their satisfaction and watered their camels that knelt down there. (See Hadith No. 16, Vol. 5)

Yahya related to me from Malik from Yahya ibn Said that Abdullah ibn Masud said to a certain man, "You are in a time when men of understanding (fuqaha) are many and Qur'an reciters are few, when the limits of behaviour defined in the Qur'an are guarded and its letters are lost, when few people ask and many give, when they make the prayer long and the khutba short, and put their actions before their desires. A time will come upon men when their fuqaha are few but their Qur'an reciters are many, when the letters of the Qur'an are guarded carefully but its limits are lost, when many ask but few give, when they make the khutba long but the prayer short, and put their desires before their actions."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never wash his head while he was in ihram except if he had to do ghusl because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm in someone who is in ihram rubbing his head with certain kinds of plants after he has stoned the Jamrat al-Aqaba but before he has shaved his head, because once he has finished stoning the Jamrat al-Aqaba it is halal for him to kill lice, to shave his head, to clean himself of body hair, and to wear normal clothes."

Yahya related to me from Malik from Nafi that he had heard Aslam, the mawla of Umar ibn al-Khattab, telling 'Abdullah ibn Umar that Umar ibn al-Khattab once saw a dyed garment on Talha ibn Ubaydullah while he was in ihram and Umar said, "What is this dyed garment, Talha?", and Talha said, "Amir al-muminin, it is only mud.'' Umar said, "You and your like are taken by people as imams, and if an ignorant man were to see this garment he would say that Talha ibn Ubaydullah used to wear a dyed robe while he was in ihram. So do not wear any form of dyed clothes."

Yahya related to me from Malik from Nafi that the daughter of Ubaydullah ibn Umar whose mother was the daughter of Zayd ibn al- Khattab, married the son of Abdullah ibn Umar. He died and had not yet consummated the marriage or specified her bride-price. Her mother wanted the bride-price, and Abdullah ibn Umar said, "She is not entitled to a bride-price. Had she been entitled to a bride-price, we would not have kept it and we would not do her an injustice. "The mother refused to accept that. Zayd ibn Thabit was brought to adjudicate between them and he decided that she had no bride-price, but that she did inherit.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

I asked `Uthman bin `Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. `Uthman replied, "He should perform ablution like that for the prayer after washing his private parts." `Uthman added, "I heard that from Allah's Apostle." I asked `Ali bin Abi Talib, Az- Zubair bin Al-`Awwam, Talha bin 'Ubaidullah and Ubai bin Ka`b and they gave the same reply. (Abu Aiyub said that he had heard that from Allah's Apostle ) (This order was canceled later on so one has to take a bath. See, Hadith No. 180).

`Abdullah bin `Umar used to send the weak among his family early to Mina. So they used to depart from Al-Mash'ar Al-Haram (that is Al-Muzdalifa) at night (when the moon had set) and invoke Allah as much as they could, and then they would return (to Mina) before the Imam had started from Al- Muzdalifa to Mina. So some of them would reach Mina at the time of the Fajr prayer and some of them would come later. When they reached Mina they would throw pebbles on the Jamra (Jamrat-Al- `Aqaba) Ibn `Umar used to say, "Allah's Apostle gave the permission to them (weak people) to do so."

"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.

Jabir saw the Messenger of Allah (saws) observing prayer. (The narrator Amr said: I do not know which prayer he was offering.)

He (the Prophet) said: Allah is altogether great; Allah is altogether great; Allah is altogether great; and praise be to Allah in abundance; and praise be to Allah is abundance; and praise be to Allah in abundance. Glory be to Allah in the morning and after (saying it three times). I seek refuge in Allah from the accursed devil, from his puffing up (nafkh), his spitting (nafth) and his evil suggestion (hamz).

He (Amr) said: His nafth it poetry, his nafkh is pride, and his hamz is madness.

When the Prophet (saws) finished two rak'ahs of an obligatory prayer, a man asked him: Messenger of Allah, has the prayer been shortened, or have you forgotten? he replied: I did not do all that. The people said: Messenger of Allah, you did that. Therefore, he offered another two rak'ahs or prayer and did not make two prostrations due to forgetfulness.

Abu Dawud said: This tradition has also been narrated by Dawud al-Hussain from Abu Sufyan, freed slave of Ibn Abi Ahmad on the authority of Abu Hurairah from the Prophet (saws). This version goes: He then made two prostrations while he was sitting after the salutation.

Allah's Apostle said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

I heard Allah's Apostle saying, "While I was sleeping, I saw myself standing at a well, on it there was a bucket. I drew water from the well as much as Allah wished. Then Ibn Abi Quhafa (i.e. Abu Bakr) took the bucket from me and brought out one or two buckets (of water) and there was weakness in his drawing the water. May Allah forgive his weakness for him. Then the bucket turned into a very big one and Ibn Al-Khattab took it over and I had never seen such a mighty person amongst the people as him in performing such hard work, till the people drank to their satisfaction and watered their camels that knelt down there."

I came to the Prophet at a place called Al-Batha'. The Prophet said, "Did you assume the Ihram for Hajj?" I said, "Yes," He said, "How did you express your intention (for performing Hajj)? " I said, "Labbaik (i.e. I am ready) to assume the Ihram with the same intention as that of Allah's Apostle." The Prophet said, "Perform the Tawaf around the Ka`ba and between Safa and Marwa, and then finish your Ihram." So I performed the Tawaf around the Ka`ba and between Safa and Marwa and then I came to a woman from the tribe of Qais who removed the lice from my head.

I asked Rafi' b. Khadij about the lease of land for gold and silver (i.e. for dinars and dirhams). There is no harm in it, for the people used to let out land in the time of the Messenger of Allah (saws) for what grew by the current of water and at the banks of streamlets and at the places of cultivation. So sometimes this (portion) perished and that (portion) was saved, and sometimes this remained intact and that perished. There was no (form of) lease among the people except this. Therefore, he forbade it. But if there is something which is secure and known, then there is no harm in it. The tradition of Ibrahim is more perfect. Qutaibah said: "from Hanzalah on the authority of Rafi' ".

Abu Dawud said: A similar tradition has been transmitted by Yahya b. Sa'id from Hanzalah.

We went out with the Messenger of Allah (saws) accompanying the bier of a man of the Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (saws) sat down and we also sat down around him as if birds were over our heads. He had in his hand a stick with which he was scratching the ground.

He then raised his head and said: Seek refuge with Allah from the punishment in the grave. He said it twice or thrice.

The version of Jabir adds here: He hears the beat of their sandals when they go back, and at that moment he is asked: O so and so! Who is your Lord, what is your religion, and who is your Prophet?

Hannad's version says: Two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: My Lord is Allah. They will ask him: What is your religion? He will reply: My religion is Islam. They will ask him: What is your opinion about the man who was sent on a mission among you? He will reply: He is the Messenger of Allah (saws). They will ask: Who made you aware of this? He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by Allah's words: "Allah establishes those who believe with the word that stands firm in this world and the next."

The agreed version reads: Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of its air and perfume will come to him, and a space will be made for him as far as the eye can see.

He also mentioned the death of the infidel, saying: His spirit will be restored to his body, two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: Alas, alas! I do not know. They will ask him: What is your religion? He will reply: Alas, alas! I do not know. They will ask: Who was the man who was sent on a mission among you? He will reply: Alas, alas! I do not know. Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will come to him, and his grave will be compressed, so that his ribs will be crushed together.

Jabir's version adds: One who is blind and dumb will then be placed in charge of him, having a sledge-hammer such that if a mountain were struck with it, it would become dust. He will give him a blow with it which will be heard by everything between the east and the west except by men and jinn, and he will become dust. Then his spirit will be restored to him.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.

Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."

Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine."

Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs."

Malik said, "All this is what we have described of muzabana."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Bakr reported that he had heard from the son of Mughira that verily the Apostle of Allah (may peace be upon him) performed ablution and wiped over his forehead and wiped over his turban and over his socks.

The Prophet (saws) said: There is no marriage without the permission of a guardian.

Abu Dawud said: The narrator Yunus also transmitted on the authority of Abu Burdah, and Isra'il narrated from Abu Ishaq on the authority of Abu Burdah.

The Messenger of Allah (saws) took a man who was suffering from tubercular leprosy by the hand; he then put it along with his own hand in the dish and said: Eat with confidence in Allah and trust in Him.

The Messenger of Allah (saws) presented himself to the people at Arafat, saying: Is there any man who takes me to his people? The Quraysh have prevented me from preaching the word of my Lord.

AbulQasim (saws) said: When one of you is in the sun (Shams)--Makhlad's version has "fay'"--and the shadow withdraws from him so that he is partly in sun and partly in shade, he should get up.

The tradition mentioned above (No. 5013) has also been mentioned by Salim ibn Ubayd al-Ashja'i to the same effect from the Prophet (saws) through a different chain of narrators.