Tamim reported this tradition from the Prophet (saws) as (Hadith No 863). This version adds: Then zakat will be considered in a similar way. Then all the actions will be considered accordingly.

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 that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."

Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."

Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."

Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "

32.4 Conditions Permitted in Qirad

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."

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

My father said, "I heard Ibn `Umar reciting the poetic verses of Abu Talib: And a white (person) (i.e. the Prophet) who is requested to pray for rain and who takes care of the orphans and is the guardian of widows." Salim's father (Ibn `Umar) said, "The following poetic verse occurred to my mind while I was looking at the face of the Prophet (p.b.u.h) while he was praying for rain. He did not get down till the rain water flowed profusely from every roof-gutter: And a white (person) who is requested to pray for rain and who takes care of the orphans and is the guardian of widows . . . And these were the words of Abu Talib."

The Prophet said, "Angels keep on descending from and ascending to the Heaven in turn, some at night and some by daytime, and all of them assemble together at the time of the Fajr and `Asr prayers. Then those who have stayed with you over-night, ascent unto Allah Who asks them, and He knows the answer better than they, "How have you left My slaves?" They reply, "We have left them praying as we found them praying." If anyone of you says "Amin" (during the Prayer at the end of the recitation of Surat-al-Faitiha), and the angels in Heaven say the same, and the two sayings coincide, all his past sins will be forgiven."

We used to say in the prayer: 'AsSalam be on Allah, As-Salam be on so-and so.' So one day the Prophet said to us, "Allah Himself is As-Salam; when anyone of you sits during his prayer, he should say: 'at-tah, iyyatu-li l-lahi,' up to 'As-Salihin,' (All the compliments are for Allah ...righteous people) for when he recites this, then he says his Salam to all the righteous people present in the heavens and on the earth. Then he should say, 'I testify that none has the right to be worshipped except Allah, and that Muhammad is His slave and His Apostle,' and then he can select whatever he likes to celebrate (Allah's) Praises."

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, "Noah will be brought (before Allah) on the Day of Resurrection, and will be asked, 'Did you convey the message of Allah?" He will reply, 'Yes, O Lord.' And then Noah's nation will be asked, 'Did he (Noah) convey Allah's message to you?' They will reply, 'No warner came to us.' Then Noah will be asked, 'Who are your witnesses?' He will reply. '(My witnesses are) Muhammad and his followers.' Thereupon you (Muslims) will be brought and you will bear witness." Then the Prophet recited: 'And thus We have made of you (Muslims) a just and the best nation, that you might be witness over the nations, and the Apostle a witness over you.' (2.143)

Once I stayed overnight at the house of (my aunt ) Maimuna while the Prophet was with her, to see how was the night prayer of Allah s Apostle Allah's Apostle talked to his wife for a while and then slept. When it was the last third of the night (or part of it), the Prophet got up and looked towards the sky and recited the Verse:-- 'Verily! In the creation of the Heavens and the Earth....there are indeed signs for the men of understanding.' (3.190) Then He got up and performed the ablution, brushed his teeth and offered eleven rak`at. Then Bilal pronounced the Adhan whereupon the Prophet offered a two-rak`at (Sunna) prayer and went out to lead the people in Fajr (morning compulsory congregational prayer.

I said: "O Allah's Apostle! Who will be the luckiest person, who will gain your intercession on the Day of Resurrection?" Allah's Apostle said: O Abu Huraira! "I have thought that none will ask me about it before you as I know your longing for the (learning of) Hadiths. The luckiest person who will have my intercession on the Day of Resurrection will be the one who said sincerely from the bottom of his heart "None has the right to be worshipped but Allah."

I heard Allah's Apostle (p.b.u.h) saying, "We (Muslims) are the last (to come) but (will be) the foremost on the Day of Resurrection though the former nations were given the Holy Scriptures before us. And this was their day (Friday) the celebration of which was made compulsory for them but they differed about it. So Allah gave us the guidance for it (Friday) and all the other people are behind us in this respect: the Jews' (holy day is) tomorrow (i.e. Saturday) and the Christians' (is) the day after tomorrow (i.e. Sunday)."

The Prophet said, " If anyone of you sneezes, he should say 'Al-Hamduli l-lah' (Praise be to Allah), and his (Muslim) brother or companion should say to him, 'Yar-hamuka-l-lah' (May Allah bestow his Mercy on you). When the latter says 'Yar-hamuka-llah", the former should say, 'Yahdikumul-lah wa Yuslih balakum' (May Allah give you guidance and improve your condition).

I stood up to pray along with the Messenger of Allah (saws); he got up and recited Surat al-Baqarah (Surah 2).

When he came to a verse which spoke of mercy, he stopped and made supplication, and when he came to verse which spoke of punishment, he stopped and sought refuge in Allah, then he bowed and paused as long as he stood (reciting Surah al-Baqarah), and said while bowing, "Glory be to the Possessor of greatness, the Kingdom, grandeur and majesty."

:Then he prostrated himself and paused as long as he stood up and recited Surat Aal Imran (Surah 3) and then recited many surahs one after another.

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."