Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

Al-Arif ibn ad-Daylami said: We went to Wathilah ibn al-Asqa and said to him: Tell us a tradition which has not addition or omission. He became angry and replied: One of you recites when his copy of a Qur'an is hung up in his house, and he makes additions and omissions. We said: All we mean is a tradition you have heard from the Messenger of Allah (saws). He said: We went to the Prophet (saws) about a friend of ours who deserved. Hell for murder. He said: Emancipate a slave on his behalf; Allah will set free from Hell a member of the body for every member of his.

"The Messenger of Allah (saws) prohibited the Gharar sale, and the Hasah sale."

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Abu Sa'eed, and Anas.

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

This Hadith is acted upon according to the people of knowledge, they dislike the Gharar. Ash-Shafi'i said: "The Gharar sale includes selling fish that are in the wate, selling a slave that has escaped, selling birds that are in the sky, and similar type of sales. And the meaning of Hasah sale is when the seller says to the buyer: 'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munabadhah and this is one of the selling practices of the people of Jahiliyyah."

Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."

Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "

Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."

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 for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

During the affliction of Ibn Az-Zubair, two men came to Ibn `Umar and said, "The people are lost, and you are the son of `Umar, and the companion of the Prophet, so what forbids you from coming out?" He said, "What forbids me is that Allah has prohibited the shedding of my brother's blood." They both said, "Didn't Allah say, 'And fight then until there is no more affliction?" He said "We fought until there was no more affliction and the worship is for Allah (Alone while you want to fight until there is affliction and until the worship become for other than Allah." Narrated Nafi` (through another group of sub-narrators): A man came to Ibn `Umar and said, "O Abu `Abdur Rahman! What made you perform Hajj in one year and Umra in another year and leave the Jihad for Allah' Cause though you know how much Allah recommends it?" Ibn `Umar replied, "O son of my brother! Islam is founded on five principles, i.e. believe in Allah and His Apostle, the five compulsory prayers, the fasting of the month of Ramadan, the payment of Zakat, and the Hajj to the House (of Allah)." The man said, "O Abu `Abdur Rahman! Won't you listen to why Allah has mentioned in His Book: 'If two groups of believers fight each other, then make peace between them, but if one of then transgresses beyond bounds against the other, then you all fight against the one that transgresses. (49.9) and:--"And fight them till there is no more affliction (i.e. no more worshiping of others along with Allah)." Ibn `Umar said, "We did it, during the lifetime of Allah's Apostle when Islam had only a few followers. A man would be put to trial because of his religion; he would either be killed or tortured. But when the Muslims increased, there was no more afflictions or oppressions." The man said, "What is your opinion about `Uthman and `Ali?" Ibn `Umar said, "As for `Uthman, it seems that Allah has forgiven him, but you people dislike that he should be forgiven. And as for `Ali, he is the cousin of Allah's Apostle and his son-in-law." Then he pointed with his hand and said, "That is his house which you see."

Umayyah, daughter of AbusSalt, quoted a certain woman of Banu Ghifar, whose name was mentioned to me, as saying: The Messenger of Allah (saws) made me ride behind him on the rear of the camel saddle. By Allah, the Messenger of Allah (saws) got down in the morning. He made his camel kneel down and I came down from the back of his saddle. There was a mark of blood on it (saddle) and that was the first menstruation that I had. I stuck to the camel and felt ashamed.

When the Messenger of Allah (saws) saw what had happened to me and saw the blood, he said: Perhaps you are menstruating.

I said: Yes. He then said: Set yourself right (i.e. tie some cloth to prevent bleeding), then take a vessel of water and put some salt in it, and then wash the blood from the back of the saddle, and then return to your mount. When the Messenger of Allah (saws) conquered Khaybar, he gave us a portion of the booty. Whenever the woman became purified from her menses, she would put salt in water. And when she died, she left a will to put salt in the water for washing her (after death).

The Messenger of Allah (saws) forbade the sale of excess water.

This hadith has been reported by Yahya b. Abd Kathir with the same chain of transmitters.

No doubt the Prophet ordered people to manumit slaves during the solar eclipse.

The Prophet said, "There is no Zakat either on a slave or on a horse belonging to a Muslim."

That the Prophet said, "Whoever frees his portion of a (common) slave."

Allah's Apostle forbade the selling or donating the Wala' of a freed slave.

Abu Maryam said: The man with the crippled hand was called Nafi` Dhu al-Thadyah (Nafi`, man of nipple). He had in his hand something like a female breast with a nipple at it ends like the nipple of the female breast. If had some hair on it like the whiskers of cat.

Abu Dawud said: He was known among the people by the name of Harqus.

There was an Ansari man called Abu Shu'aib who had a slave butcher. Abu Shu'aib said to him, "Prepare a meal sufficient for five persons so that I might invite the Prophet besides other four persons." Abu Shu'aib had seen the signs of hunger on the face of the Prophet and so he invited him. Another man who was not invited, followed the Prophet. The Prophet said to Abu Shu'aib, "This man has followed us. Do you allow him to share the meal?" Abu Shu'aib said, "Yes."

From his father, from his grandfather that he heard the Messenger of Allah (saws) delivering a Khutbah in which he said: "Whoever gives a writ of emancipation to his slave, for one hundred Uqiyyah, and he pays it to him less then ten Uqiyah." - or he said: "Ten Dirham" - "then he becomes incapable (of paying the remainder), the he remains a slave."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. And this acted upon according to most of the people of knowledge among the Companions of the Prophet (saws) and others: The Mukatab is a slave as long as something remains due from him for his Kitabah.

Al-Hajjaj bin Artat reported similarly from 'Amr bin Shu'aib.

"I participated at Khaibar with my masters. They spoke about me to the Messenger of Allah (saws) and told him that I was a slave." He said: "So he ordered me to take up the sword, and I found myself dragging it, so he ordered that I be given something from the goods. I presented a Ruqyah that I used to treat the possessed with, so he ordered me leave some of it and keep some of it."

There is something on this topic from Ibn 'Abbas.

This Hadith is Hasan Sahih. This is acted upon according to the some of the people of knowledge. A complete portion is not given to slave, but something is conferred upon him. This is the view of Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq.

The Prophet said, "The Adhan pronounced by Bilal should not stop you from taking Suhur, for he pronounces the Adhan at night, so that the one offering the late night prayer (Tahajjud) from among you might hurry up and the sleeping from among you might wake up. It does not mean that dawn or morning has started." Then he (the Prophet) pointed with his fingers and raised them up (towards the sky) and then lowered them (towards the earth) like this (Ibn Mas`ud imitated the gesture of the Prophet). Az-Zuhri gestured with his two index fingers which he put on each other and then stretched them to the right and left. These gestures illustrate the way real dawn appears. It spreads left and right horizontally. The dawn that appears in the high sky and lowers down is not the real dawn) .

Jabir bin `Abdullah said, "The people became very thirsty on the day of Al-Hudaibiya (Treaty). A small pot containing some water was in front of the Prophet and when he had finished the ablution, the people rushed towards him. He asked, 'What is wrong with you?' They replied, 'We have no water either for performing ablution or for drinking except what is present in front of you.' So he placed his hand in that pot and the water started flowing among his fingers like springs. We all drank and performed ablution (from it)." I asked Jabir, "How many were you?" he replied, "Even if we had been one-hundred-thousand, it would have been sufficient for us, but we were fifteen-hundred."

Yahya related to me from Malik from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha from his mother, Amra bint Abd ar-Rahman that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it was clear of blight. Malik said, "Selling fruit before it has begun to ripen is an uncertain transaction (gharar) ."

Yahya related to me from Malik from Muslim ibn Abi Maryam from Abu Salih as-Samman that Abu Hurayra said, "The actions of people are presented twice each week, on Monday and Thursday. Every trusting slave is forgiven except for a slave who has enmity between him and his brother. It is said, 'Leave these two until they turn in tawba. Leave these two until they turn in tawba.' ''

Malik related to me from Abd ar-Rahman ibn Abd ar-Rahman ibn Sasaca from his father that Abu Said al-Khudri said that the Messenger of Allah, may Allah bless him and grant him peace, said, "It will soon happen that the best property of a muslim will be sheep which he takes to the peaks of the mountains and the valleys, fleeing with his deen from trials."

Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .

Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used tocome to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat on your livestock and bring it to me,' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, "The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."

I used to serve the Prophet (saws). Whenever he intended to wash himself, he would say: Turn your back towards me, So I would turn my back and hide him. (Once) Hasan or Husayn (may Allah be pleased with them) was brought to him and he passed water on his chest. I came to wash it. He said: It is only the urine of a female which should be washed; the urine of a male should be sprinkled over.

'Abbas (a narrator) said: Yahya b. al-Walid narrated the tradition to us. Abu Dawud said: He (Yahya) is Abu al-Za'ra'. Harun b. Tamim said on the authority of al-Hasan: All sorts of urine are equal.

He said: There are narrations on this topic from Al-Bara' bin 'Azib and Rifa'ah.

[Abu 'Eisa said:] The Hadith of Qais bin Abi Gharazah (a narrator) is a Hasan Sahih Hadith.

Mansur, Al-A'mash, Habib bin Abi Thabit and others reported it from Abu Wa'il, from Qais bin Abi Gharzah, from the Prophet (saws). We do not know of anything from the Prophet (saws) narrated by Qais other than this.

Hammam narrated the hadith from A'isha like the (above-mentioned) traditions.

A hadith like this has been narrated by A'mash with the same chain of transmitters.

A hadith like this has been narrated by Hisham with the same chain of transmitters.

A hadith like this has been transmitted by Isma'il b. Abu Khalid.

A hadith like this has been narrated by AbuSalama on the authority of Abu Huraira.

A hadith like this has been transmitted by A'raj on the authority of Abu Huraira.

A hadith like this has been narrated by 'Asim with the same chain of transmitters.

A hadith like this has been narrated by Qatida with the same chain of transmitters.

A hadith like this has been narrated by A'mash by the same chain of transmitters

A hadith like this has been narrated by Anas by another chain of transmitters.

A hadith like this has been reported by A'mash with the same chain of transmitters.

A hadith like this has been narrated by A'mash, with the same chain of transmitters.

A hadith like this has been reported by Ishaq with the same chain of transmitters.

A hadith like this has been narrated by Qatada with the same chain of transmitters.

A hadith like this has been narrated by Shu'ba with the same chain of transmitters.

A hadith like this has been narrated by 'A'isha by another chain of transmitters.

A hadith like this has been narrated by A'mash with the same chain of transmitters.

A hadith like this has been narrated by Sufyan with the same chain of transmitters.

A hadith like this has been narrated through another chain of transmitters.

A hadith like this has been transmitted on the authority of Jabir b. 'Abdullah.

A hadith like this has been narrated by Suhail with the same chain of transmitters.