Yahya related to me from Malik from Qatan ibn Wahb ibn Umayr ibn al-Ajda that Yuhannas, the mawla of az-Zubayr ibn al-Awwam informed him that he was sitting with Abdullah ibn Umar during the troubles (at the time of al-Hajaj ibn Yusuf) . A female mawla of his came and greeted him. She said, "I want to leave, Abu Abd ar-Rahman. The time is harsh for us." Abdullah ibn Umar said to her, "Sit down, O you with little knowledge, for I have heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one will be patient in hunger and hardship in it (Madina) except that I will be a witness or intercede for him on the Day of Rising.' "

"The Messenger of Allah (saws) prohibited selling the Wala' and conferring it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of 'Abdullah bin Dinar, from Ibn 'Umar.

This Hadith is acted upon according to the people of knowledge.

Yahya bin Sulaim reported this Hadith from 'Ubaidullah bin 'Umar, from Nafi' from Ibn 'Umar from the Prophet (saws), saying "That he prohibited selling the Wala' and conferring it."

But this is mistake from Yahya bin Sulaim. Because 'Abdul Wahhab Ath-Thaqafi, 'Abdullah bin Numair and others reported it from 'Ubaidullah bin 'Umar, from Ibn 'Umar, from the Prophet (saws). And this is more correct than the narration of Yahya bin Sulaim.

That Abu Sa'eed said: "We had some wine that belonged to an orphan. When Al-Ma'idah was revealed I asked the Messenger of Allah (saws) about it, I said: 'It belongs to an orphan.' He said: 'Spill it out.'"

[He said:] There is something on this topic from Anas bin Malik.

[Abu 'Eisa said:] The Hadith of Abu Sa'eed is a Hasan [Sahih] Hadith. Similar to this has been reported through other routes from the Prophet (saws). Some of the people of knowledge stated according to this, they dislike the usage of wine for making vinegar. And the only thing that they disliked about it, and Allah knows best, is for a Muslim to have wine in his house until it becomes vinegar. Abu Al-Waddak's name is Jabr bin Nawf.

That during the Year of the Conquest, while he was in Makkah, he heard the Messenger of Allah (saws) saying: "Indeed Allah and His Messenger unlawful the sale of wine, dead carcasses, the pig, and idols." They said: "O Messenger of Allah! What about the fat of carcasses? For indeed it is used to coat the ships, skins are oiled with it, and people use it for lamps?" He said: "No. It is unlawful." Then, with that, the Messenger of Allah (saws) said: "May Allah fight (curse) the Jews! Indeed Allah made the fat unlawful for them, they melted it, sold it, and consumed its price."

[He said:] There are narrations of this topic from 'Umar and Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Jabir is Hasan Sahih Hadith. This is acted upon according to the people of knowledge.

He came to him and said: I have not come to you to visit you. But you and I heard a tradition from the Messenger of Allah (saws). I hope you may have some knowledge of it.

He asked: What is it? He replied: So and so. He said: Why do I see you dishevelled when you are the ruler of this land?

He said: The Messenger of Allah (saws) has forbidden us to indulge much in luxury.

He said: Why do I see you unshod? He replied: The Prophet (saws) used to command us to go barefoot at times.

Abu ‘Ali said : I have been told that Abu ‘Ubaid said : It means that his heart is full of poetry so much so that it makes him neglectful of the Quran and remembrance of Allah. If the Quran and the knowledge (of religion) are dominant, the belly will not be full of poetry in our opinion. Some eloquent speech is magic. It means that a man expresses his eloquence by praising another man, and he speaks the truth about him so much so that he attracts the hearts to his speech. He then condemns him and speaks the truth about him so much so that he attracts the hearts to another of his speech, as if he spelled the audience by it.

I said to Ibn `Abbas, "Nauf Al-Bikali claims that Moses, the companion of Al-Khadir was not the Moses of the children of Israel" Ibn `Abbas said, "The enemy of Allah (Nauf) told a lie." Narrated Ubai bin Ka`b that he heard Allah's Apostle saying, "Moses got up to deliver a speech before the children of Israel and he was asked, Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah admonished him for he did not ascribe knowledge to Allah alone. So Allah revealed to him: 'At the junction of the two seas there is a slave of Ours who is more learned than you.' Moses asked, 'O my Lord, how can I meet him?' Allah said, 'Take a fish and put it in a basket (and set out), and where you, will lose the fish, you will find him.' So Moses (took a fish and put it in a basket and) set out, along with his boy-servant Yusha` bin Noon, till they reached a rock (on which) they both lay their heads and slept. The fish moved vigorously in the basket and got out of it and fell into the sea and there it took its way through the sea (straight) as in a tunnel). (18.61) Allah stopped the current of water on both sides of the way created by the fish, and so that way was like a tunnel. When Moses got up, his companion forgot to tell him about the fish, and so they carried on their journey during the rest of the day and the whole night. The next morning Moses asked his boy-servant 'Bring us our early meal; no doubt, we have suffered much fatigue in this journey of ours.' (18.62) Moses did not get tired till he had passed the place which Allah had ordered him to seek after. His boy-servant then said to him,' 'Do you remember when we be-took ourselves to the rock I indeed forgot the fish, none but Satan made me forget to remember it. It took its course into the sea in a marvelous way.' (18.63) There was a tunnel for the fish and for Moses and his boy-servant there was astonishment. Moses said, 'That is what we have been seeking'. So they went back retracing their footsteps. (18.64) They both returned, retracing their steps till they reached the rock. Behold ! There they found a man covered with a garment. Moses greeted him. Al-Khadir said astonishingly. 'Is there such a greeting in your land?' Moses said, 'I am Moses.' He said, 'Are you the Moses of the children of Israel?' Moses said, 'I have come to you so that you may teach me of what you have been taught. Al-Khadir said, 'You will not be able to have patience with me. (18.66) O Moses! I have some of Allah's knowledge which He has bestowed upon me but you do not know it; and you too, have some of Allah's knowledge which He has bestowed upon you, but I do not know it." Moses said, "Allah willing, you will find me patient, and I will not disobey you in anything.' (18.6) Al-Khadir said to him. 'If you then follow me, do not ask me about anything until I myself speak to you concerning it.' (18.70), After that both of them proceeded along the sea coast, till a boat passed by and they requested the crew to let them go on board. The crew recognized Al-Khadir and allowed them to get on board free of charge. When they got on board suddenly Moses saw that Al-Khadir had pulled out one of the planks of the boat with an adze. Moses said to him.' These people gave us a free lift, yet you have scuttled their boat so as to drown its people! Truly, you have done a dreadful thing.' (18.71) Al-Khadir said, 'Didn't I say that you can have no patience with me ?' (18.72) Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you.)" (18.73) Allah's Apostle said, "The first excuse given by Moses, was that he had forgotten. Then a sparrow came and sat over the edge of the boat and dipped its beak once in the sea. Al-Khadir said to Moses, 'My knowledge and your knowledge, compared to Allah's knowledge is like what this sparrow has taken out of the sea.' Then they both got out of the boat, and while they were walking on the sea shore, Al-Khadir saw a boy playing with other boys. Al-Khadir got hold of the head of that boy and pulled it out with his hands and killed him. Moses said, 'Have you killed an innocent soul who has killed nobody! Truly, you have done an illegal thing.' (18.74) He said, "Didn't I tell you that you can have no patience with me?' (18.75) (The sub narrator said, the second blame was stronger than the first one.) Moses said, 'If I ask you about anything after this, keep me not in your company, you have received an excuse from me.' (18.76) Then they both proceeded until they came to the inhabitants of a town. They asked them food but they refused to entertain them. (In that town) they found there a wall on the point of falling down. (18.77) Al-Khadir set it up straight with his own hands. Moses said, 'These are people to whom we came, but they neither fed us nor received us as guests. If you had wished, you could surely have exacted some recompense for it. Al-Khadir said, 'This is the parting between me and you ..that is the interpretation of (those things) over which you were unable to hold patience.' (18.78-82) Allah's Apostle said, "We wished that Moses could have been more patient so that Allah might have described to us more about their story."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (saws) and said: "O Messenger of Allah! Stop him (from making purchases)." So Allah's Prophet (saws) called him to prohibit him, and he said: "O Messenger of Allah! I have no patience for business." So he said: "When you are buying, say: 'Hand to hand, and no cheating.'"

[Abu 'Eisa said:] There is a narration on this topic from Ibn 'Umar.

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

From Sa'eed bin Al-Musayyab, from Ma'mar bin 'Abdullah bin Nadlah who said: "I heard the Messenger of Allah (saws) saying: 'Hoarding is nothing but sin.' So I (Muhammad) said to Sa'eed: "O Abu Muhammad! You hoard?" He said: "And Ma'mar would hoard."

It is also been reported that Sa'eed bin Musayyab would hoard oil, (camel) fodder, and the like.

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, 'Ali, Abu Umamah, and Ibn 'Umar. The Hadith of Ma'mar is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they dislike hoarding food, and some of them make a concession for hoarding things other than food. Ibn Al-Mubarak said: "There is no harm in hoarding cotton, goat pelts and like."

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

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

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

[He said:] There are narrations on this topic from Ibn 'Umar and Anas.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

I said to Ibn `Abbas, "Nauf Al-Bukah claims that Moses, the companion of Al-Khadir was not Moses (the prophet) of the children of Israel, but some other Moses." Ibn `Abbas said, "Allah's enemy (i.e. Nauf) has told a lie. Ubai bin Ka`b told us that the Prophet said, 'Once Moses stood up and addressed Bani Israel. He was asked who was the most learned man amongst the people. He said, 'I.' Allah admonished him as he did not attribute absolute knowledge to Him (Allah). So, Allah said to him, 'Yes, at the junction of the two seas there is a Slave of Mine who is more learned than you.' Moses said, 'O my Lord! How can I meet him?' Allah said, 'Take a fish and put it in a large basket and you will find him at the place where you will lose the fish.' Moses took a fish and put it in a basket and proceeded along with his (servant) boy, Yusha` bin Noon, till they reached the rock where they laid their heads (i.e. lay down). Moses slept, and the fish, moving out of the basket, fell into the sea. It took its way into the sea (straight) as in a tunnel. Allah stopped the flow of water over the fish and it became like an arch (the Prophet pointed out this arch with his hands). They travelled the rest of the night, and the next day Moses said to his boy (servant), 'Give us our food, for indeed, we have suffered much fatigue in this journey of ours.' Moses did not feel tired till he crossed that place which Allah had ordered him to seek after. His boy (servant) said to him, 'Do you know that when we were sitting near that rock, I forgot the fish, and none but Satan caused me to forget to tell (you) about it, and it took its course into the sea in an amazing way?.' So there was a path for the fish and that astonished them. Moses said, 'That was what we were seeking after.' So, both of them retraced their footsteps till they reached the rock. There they saw a man Lying covered with a garment. Moses greeted him and he replied saying, 'How do people greet each other in your land?' Moses said, 'I am Moses.' The man asked, 'Moses of Bani Israel?' Moses said, 'Yes, I have come to you so that you may teach me from those things which Allah has taught you.' He said, 'O Moses! I have some of the Knowledge of Allah which Allah has taught me, and which you do not know, while you have some of the Knowledge of Allah which Allah has taught you and which I do not know.' Moses asked, 'May I follow you?' He said, 'But you will not be able to remain patient with me for how can you be patient about things which you will not be able to understand?' (Moses said, 'You will find me, if Allah so will, truly patient, and I will not disobey you in aught.') So, both of them set out walking along the sea-shore, a boat passed by them and they asked the crew of the boat to take them on board. The crew recognized Al-Khadir and so they took them on board without fare. When they were on board the boat, a sparrow came and stood on the edge of the boat and dipped its beak once or twice into the sea. Al-Khadir said to Moses, 'O Moses! My knowledge and your knowledge have not decreased Allah's Knowledge except as much as this sparrow has decreased the water of the sea with its beak.' Then suddenly Al-Khadir took an adze and plucked a plank, and Moses did not notice it till he had plucked a plank with the adze. Moses said to him, 'What have you done? They took us on board charging us nothing; yet you I have intentionally made a hole in their boat so as to drown its passengers. Verily, you have done a dreadful thing.' Al-Khadir replied, 'Did I not tell you that you would not be able to remain patient with me?' Moses replied, 'Do not blame me for what I have forgotten, and do not be hard upon me for my fault.' So the first excuse of Moses was that he had forgotten. When they had left the sea, they passed by a boy playing with other boys. Al-Khadir took hold of the boys head and plucked it with his hand like this. (Sufyan, the sub narrator pointed with his fingertips as if he was plucking some fruit.) Moses said to him, "Have you killed an innocent person who has not killed any person? You have really done a horrible thing." Al-Khadir said, "Did I not tell you that you could not remain patient with me?' Moses said "If I ask you about anything after this, don't accompany me. You have received an excuse from me.' Then both of them went on till they came to some people of a village, and they asked its inhabitant for wood but they refused to entertain them as guests. Then they saw therein a wall which was just going to collapse (and Al Khadir repaired it just by touching it with his hands). (Sufyan, the sub-narrator, pointed with his hands, illustrating how Al-Khadir passed his hands over the wall upwards.) Moses said, "These are the people whom we have called on, but they neither gave us food, nor entertained us as guests, yet you have repaired their wall. If you had wished, you could have taken wages for it." Al-Khadir said, "This is the parting between you and me, and I shall tell you the explanation of those things on which you could not remain patient." The Prophet added, "We wished that Moses could have remained patient by virtue of which Allah might have told us more about their story. (Sufyan the sub-narrator said that the Prophet said, "May Allah bestow His Mercy on Moses! If he had remained patient, we would have been told further about their case.")

"Once Mu`adh was along with Allah's Apostle as a companion rider. Allah's Apostle said, "O Mu`adh bin Jabal." Mu`adh replied, "Labbaik and Sa`daik. O Allah's Apostle!" Again the Prophet said, "O Mu`adh!" Mu`adh said thrice, "Labbaik and Sa`daik, O Allah's Apostle!" Allah's Apostle said, "There is none who testifies sincerely that none has the right to be worshipped but Allah and Muhammad is his Apostle, except that Allah, will save him from the Hell-fire." Mu`adh said, "O Allah's Apostle ! Should I not inform the people about it so that they may have glad tidings?" He replied, "When the people hear about it, they will solely depend on it." Then Mu`adh narrated the above-mentioned Hadith just before his death, being afraid of committing sin (by not telling the knowledge).

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting, (and Allah knows better than the slave that it is an excuse for him and that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His book, 'Whoever among you is ill or on a journey (must fast) a number of other days,' and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

"A letter came from the Messenger of Allah (saws) saying: 'Do not use the skins of dead animals, nor tendons.'"

[Abu 'Eisa said:] This Hadith is Hasan. This Hadith has been related to 'Abdullah bin 'Ukaim from some Shuyukh of his, and this is not acted upon according to most of the people of knowledge. And this Hadith has been related from 'Abdullah bin 'Ukaim, that he said: "A letter came to us from the Messenger of Allah (saws) two months before he died."

He said: I heart Ahmad bin Al-Hasan saying: "Ahmad bin Hanbal followed this Hadith due to it mentioning that it was two months before he (saws) died. Then Ahmad left this Hadith because of their Idtirab in its chain, since some of them reported it, saying: 'From 'Abdullah bin 'Ukaim from some Shuyukh of his from Juhainah.'"

That the Messenger of Allah (saws) sold a saddle blanket and a drinking bowl. He (saws) said: "Who will buy saddle blanket and drinking bowl ?". So a man said: "I will take them for a Dirham." So the Prophet (saws) said: "Who will give more than a Dirham ? Who will give more that a Dirham ?" A man agreed to give him two Dirham, so he sold them to him.

[Abu 'Eisa said:] This Hadith is Hasan. We do not know of it except from the narration of Al-Akhdar bin 'Ajlan, and 'Abdullah Al-Hanafi who is reporting from Anas, is Abu Bakr Al-Hanafi.

This is acted upon according to some of the people of knowledge, they did not see any harm in auctioning the spolis of war and inheritance.

Al-Mu'tamir bin Sulaiman and others among the people of Hadith reported from Al-Akhdar bin 'Ajlan.

From Malik bin Aws bin Hadathan that he said: "I once said: 'Who can change some Dirham?' So Talhah bin 'Ubaidullah - and he was with 'Umar bin Al-Khattab - said: "Leave your gold with us, then return to us when our servant comes and we will give you your silver." 'Umar bin Al-Khattab said: "No! By Allah! Either give him his silver or return his gold to him. Indeed the Messenger of Allah (saws) said: 'Silver for gold is Riba, except for hand to hand; and wheat for wheat is Riba except for hand to hand; and barley for barley is Riba except hand to hand; and dried-dates for dried-dates is Riba except for hand to hand.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to the people of knowledge. And the meaning of Ha' Wa Ha' is hand to hand.

That the Messenger of Allah (saws) said: "When the two parties (in a deal) disagree then the seller's statement is taken as valid, and the purchaser retains the option."

[Abu 'Eisa said:] This Hadith is Mursal. 'Awn bin 'Abdullah did not see Ibn Mas'ud. This Hadith has also been reported from Al-Qasim bin 'Abdur-Rahman, from Ibn Mas'ud from the Prophet (saws). But it also Mursal.

[Abu 'Eisa said:] Ishaq bin Mansur said: "I said to Ahmad: what if when the two parties disagree and there is no proof (what is done)?' He said: 'The saying of the owner of the merchandise is taken as valid or they both refuse.' And Ishaq said as he did, and that in every case where his saying is taken, he must swear.'"

[Abu 'Eisa said:] Similar to this has been reported from some of the people of knowledge among the Tabi'in, Shuraih is among those.

Ya`la bin Muslim and `Amr bin Dinar and some others narrated the narration of Sa`id bin Jubair. Narrated Sa`id: While we were at the house of Ibn `Abbas, Ibn `Abbas said, "Ask me (any question)" I said, "O Abu `Abbas! May Allah let me be sacrificed for you ! There is a man at Kufa who is a storyteller called Nauf; who claims that he (Al-Khadir's companion) is not Moses of Bani Israel." As for `Amr, he said to me, "Ibn `Abbas said, "(Nauf) the enemy of Allah told a lie." But Ya`la said to me, "Ibn `Abbas said, Ubai bin Ka`b said, Allah's Apostle said, 'Once Moses, Allah's Apostle, preached to the people till their eyes shed tears and their hearts became tender, whereupon he finished his sermon. Then a man came to Moses and asked, 'O Allah's Apostle! Is there anyone on the earth who is more learned than you?' Moses replied, 'No.' So Allah admonished him (Moses), for he did not ascribe all knowledge to Allah. It was said, (on behalf of Allah), 'Yes, (there is a slave of ours who knows more than you ).' Moses said, 'O my Lord! Where is he?' Allah said, 'At the junction of the two seas.' Moses said, 'O my Lord ! Tell I me of a sign whereby I will recognize the place.' " `Amr said to me, Allah said, "That place will be where the fish will leave you." Ya`la said to me, "Allah said (to Moses), 'Take a dead fish (and your goal will be) the place where it will become alive.' " So Moses took a fish and put it in a basket and said to his boy-servant "I don't want to trouble you, except that you should inform me as soon as this fish leaves you." He said (to Moses)." You have not demanded too much." And that is as mentioned by Allah: 'And (remember) when Moses said to his attendant .... ' (18.60) Yusha` bin Noon. (Sa`id did not state that). The Prophet said, "While the attendant was in the shade of the rock at a wet place, the fish slipped out (alive) while Moses was sleeping. His attend an said (to himself), "I will not wake him, but when he woke up, he forgot to tell him The fish slipped out and entered the sea. Allah stopped the flow of the sea. where the fish was, so that its trace looked as if it was made on a rock. `Amr forming a hole with his two thumbs an index fingers, said to me, "Like this, as in its trace was made on a rock." Moses said "We have suffered much fatigue on this journey of ours." (This was not narrated by Sa`id). Then they returned back and found Al-Khadir. `Uthman bin Abi Sulaiman said to me, (they found him) on a green carpet in the middle of the sea. Al-Khadir was covered with his garment with one end under his feet and the other end under his head. When Moses greeted, he uncovered his face and said astonishingly, 'Is there such a greeting in my land? Who are you?' Moses said, 'I am Moses.' Al- Khadir said, 'Are you the Moses of Bani Israel?' Moses said, 'Yes.' Al-Khadir said, "What do you want?' Moses said, ' I came to you so that you may teach me of the truth which you were taught.' Al- Khadir said, 'Is it not sufficient for you that the Torah is in your hands and the Divine Inspiration comes to you, O Moses? Verily, I have a knowledge that you ought not learn, and you have a knowledge which I ought not learn.' At that time a bird took with its beak (some water) from the sea: Al-Khadir then said, 'By Allah, my knowledge and your knowledge besides Allah's Knowledge is like what this bird has taken with its beak from the sea.' Until, when they went on board the boat (18.71). They found a small boat which used to carry the people from this sea-side to the other sea-side. The crew recognized Al-Khadir and said, 'The pious slave of Allah.' (We said to Sa`id "Was that Khadir?" He said, "Yes.") The boat men said, 'We will not get him on board with fare.' Al-Khadir scuttled the boat and then plugged the hole with a piece of wood. Moses said, 'Have you scuttled it in order to drown these people surely, you have done a dreadful thing. (18.71) (Mujahid said. "Moses said so protestingly.") Al-Khadir said, didn't I say that you can have no patience with me?' (18.72) The first inquiry of Moses was done because of forgetfulness, the second caused him to be bound with a stipulation, and the third was done intentionally. Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you).' (18.73) (Then) they found a boy and Al-Khadir killed him. Ya`la- said: Sa`id said 'They found boys playing and Al-Khadir got hold of a handsome infidel boy laid him down and then slew him with knife. Moses said, 'Have you killed a innocent soul who has killed nobody' (18.74) Then they proceeded and found a wall which was on the point of falling down, and Al-Khadir set it up straight. Sa`id moved his hand thus and said 'Al-Khadir raised his hand and the wall became straight. Ya`la said, 'I think Sa`id said, 'Al-Khadir touched the wall with his hand and it became straight (Moses said to Al-Khadir), 'If you had wished, you could have taken wages for it.' Sa`id said, 'Wages that we might had eaten.' And there was a king in furor (ahead) of them" (18.79) And there was in front of them. Ibn `Abbas recited: 'In front of them (was) a king.' It is said on the authority of somebody other than Sa`id that the king was Hudad bin Budad. They say that the boy was called Haisur. 'A king who seized every ship by force. (18.79) So I wished that if that boat passed by him, he would leave it because of its defect and when they have passed they would repair it and get benefit from it. Some people said that they closed that hole with a bottle, and some said with tar. 'His parents were believers, and he (the boy) was a non-believer and we (Khadir) feared lest he would oppress them by obstinate rebellion and disbelief.' (18.80) (i.e. that their love for him would urge them to follow him in his religion, 'so we (Khadir) desired that their Lord should change him for them for one better in righteousness and near to mercy' (18:81). This was in reply to Moses' saying: Have you killed an innocent soul.'? (18.74). 'Near to mercy" means they will be more merciful to him than they were to the former whom Khadir had killed. Other than Sa`id, said that they were compensated with a girl. Dawud bin Abi `Asim said on the authority of more than one that this next child was a girl.

"Hint your intention of marrying' is made by saying (to the widow) for example: "I want to marry, and I wish that Allah will make a righteous lady available for me.' " Al-Qasim said: One may say to the widow: 'I hold all respect for you, and I am interested in you; Allah will bring you much good, or something similar 'Ata said: One should hint his intention, and should not declare it openly. One may say: 'I have some need. Have good tidings. Praise be to Allah; you are fit to remarry.' She (the widow) may say in reply: I am listening to what you say,' but she should not make a promise. Her guardian should not make a promise (to somebody to get her married to him) without her knowledge. But if, while still in the Iddat period, she makes a promise to marry somebody, and he ultimately marries her, they are not to be separated by divorce (i.e., the marriage is valid).

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."

Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth said (to me), "What forbids you to talk to `Uthman about his brother Al-Walid because people have talked much about him?" So I went to `Uthman and when he went out for prayer I said (to him), "I have something to say to you and it is a piece of advice for you " `Uthman said, "O man, from you." (`Umar said: I see that he said, "I seek Refuge with Allah from you.") So I left him and went to them. Then the messenger of `Uthman came and I went to him (i.e. `Uthman), `Uthman asked, "What is your advice?" I replied, "Allah sent Muhammad with the Truth, and revealed the Divine Book (i.e. Qur'an) to him; and you were amongst those who followed Allah and His Apostle, and you participated in the two migrations (to Ethiopia and to Medina) and enjoyed the company of Allah's Apostle and saw his way. No doubt, the people are talking much about Al-Walid." `Uthman said, "Did you receive your knowledge directly from Allah's Apostle ?" I said, "No, but his knowledge did reach me and it reached (even) to a virgin in her seclusion." `Uthman said, "And then Allah sent Muhammad with the Truth and I was amongst those who followed Allah and His Apostle and I believed in what ever he (i.e. the Prophet) was sent with, and participated in two migrations, as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance him. By Allah! I never disobeyed him, nor did I cheat him till Allah took him unto Him. Then I treated Abu Bakr and then `Umar similarly and then I was made Caliph. So, don't I have rights similar to theirs?" I said, "Yes." He said, "Then what are these talks reaching me from you people? Now, concerning what you mentioned about the question of Al-Walid, Allah willing, I shall deal with him according to what is right." Then he called `Ali and ordered him to flog him, and `Ali flogged him (i.e. Al-Walid) eighty lashes.

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

Ibn Mansur said: "I said to Ahmad: 'The Prophet (saws) gave the Nafl when he divided the fourth, after the Khumus, and when he was returning (he gave) the third from the Khumus.' So he said: 'The Khumus is taken, and then the Nafl is given from what remains, nothing beyond this.''"

[Abu 'Eisa said:] This Hadith is (understood) as Ibn Musayyab said: "The Nafl is from te Khumus." Ishaq said as he said.

When the Prophet (saws) proceeded for the Battle of Badr, I said to him: Messenger of Allah allow me to accompany you in the battle. I shall act as a nurse for patients. It is possible that Allah might bestow martyrdom upon me. He said: Stay at your home. Allah, the Almighty , will bestow martyrdom upon you.

The narrator said: Hence she was called martyr. She read the Qur'an. She sought permission from the Prophet (saws) to have a mu'adhdhin in her house. He, therefore, permitted her (to do so).

She announced that her slave and slave-girl would be free after her death. One night they went to her and strangled her with a sheet of cloth until she died, and they ran away.

Next day Umar announced among the people, "Anyone who has knowledge about them, or has seen them, should bring them (to him)."

Umar (after their arrest) ordered (to crucify them) and they were crucified. This was the first crucifixion at Medina.

The Prophet said, "Allah created His creation, and when He had finished it, the womb, got up and caught hold of Allah whereupon Allah said, "What is the matter?' On that, it said, 'I seek refuge with you from those who sever the ties of Kith and kin.' On that Allah said, 'Will you be satisfied if I bestow My favors on him who keeps your ties, and withhold My favors from him who severs your ties?' On that it said, 'Yes, O my Lord!' Then Allah said, 'That is for you.' " Abu Huraira added: If you wish, you can recite: "Would you then if you were given the authority. do mischief in the land and sever your ties of kinship. (47. 22)

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

Yahya related to me from Malik that he had heard one of the people of knowledge say, "A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj while in the meantime he came out of ihram from his umra. He said, "He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his umra."

Malik said, "If it is judged that some- one must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, 'a sacrificial animal which will reach the Kaba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes."

"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."

[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."

[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

From 'Aishah that she wanted to purchase Barirah, but they (he owners) made the condition that they would retain the Wala'. So the Prophet (saws) said: "Buy her, the Wala' is only for the one who gives the price, or for the one who grants the favor."

[He said:] There is something on this topic from Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of 'Aishah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Mansur bin Al-Mu'tamir's Kunyah is Abu 'Attab.

Abu Bakr Al-'Attar Al-Basri narrated to us from 'Ali bin Al-Madini who said: "I heard Yahya bin Sa'eed saying: 'When you get a narration from Mansur, then your hand has been filled with goodness without needing others.' Then Yahya said: 'I did not find anyone more reliable in (narrating from) Ibrahim An-Nakha'i and Mujahid than Mansur."

[He said:] Muhammad informed me from 'Abdullah bin Abi Al-Aswad who said: " 'Abdur-Rahman bin Mahdi said: 'Mansur is the most reliable of the people of Al-Kufah.'"

As-Salami: Allah's Apostle used to teach his companions to perform the prayer of Istikhara for each and every matter just as he used to teach them the Suras from the Qur'an He used to say, "If anyone of you intends to do some thing, he should offer a two rak`at prayer other than the compulsory prayers, and after finishing it, he should say: O Allah! I consult You, for You have all knowledge, and appeal to You to support me with Your Power and ask for Your Bounty, for You are able to do things while I am not, and You know while I do not; and You are the Knower of the Unseen. O Allah If You know It this matter (name your matter) is good for me both at present and in the future, (or in my religion), in my this life and in the Hereafter, then fulfill it for me and make it easy for me, and then bestow Your Blessings on me in that matter. O Allah! If You know that this matter is not good for me in my religion, in my this life and in my coming Hereafter (or at present or in the future), then divert me from it and choose for me what is good wherever it may be, and make me be pleased with it." (See Hadith No. 391, Vol. 8)

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

Yahya related to me from Malik that he had heard some of the people of knowledge say, "If someone goes into ihram to do umra and then wants to go into ihram to do hajj as well, he can do so, as long as he has not done tawaf of the House and s'ay between Safa and Marwa. This is what Abdullah ibn 'Umar did when he said, 'If I am blocked from the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace.' He then turned to his companions and said, 'It is the same either way. I call you to witness that I have decided in favour of hajj and umra together. ' "

Malik said, "The companions of the Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do umra in the year of the farewell hajj, and the Messenger of Allah, may Allah bless him and grant him peace, said to them, 'Anyone that has a sacrificial animal with him should go into ihram to do hajj and umra together, and he should not come out of ihram until he has finished both.' "

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing, is that the child of the half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternal half- brother of the father, the maternal uncle, the great-grandmother who is the mother of the mother's father, the daughter of the full- brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship."

Malik said, "The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anything apart from those that are named in the Qur'an. Allah, the Blessed, the Exalted, mentioned in His Book the inheritance ofthe mother from her children, the inheritance of the daughters from their father, the inheritance of the wife from her husband, the inheritance of the full sisters, the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet, may Allah bless him and grant him peace, made about her. A woman inherits from a slave she frees herself because Allah, the Blessed, the Exalted, said in His Book, 'They are your brothers in the deen and your mawali.' "

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).