that he heard Ibn `Abbas saying, "Thursday! And you know not what Thursday is? After that Ibn `Abbas wept till the stones on the ground were soaked with his tears. On that I asked Ibn `Abbas, "What is (about) Thursday?" He said, "When the condition (i.e. health) of Allah's Apostle deteriorated, he said, 'Bring me a bone of scapula, so that I may write something for you after which you will never go astray.'The people differed in their opinions although it was improper to differ in front of a prophet, They said, 'What is wrong with him? Do you think he is delirious? Ask him (to understand). The Prophet replied, 'Leave me as I am in a better state than what you are asking me to do.' Then the Prophet ordered them to do three things saying, 'Turn out all the pagans from the Arabian Peninsula, show respect to all foreign delegates by giving them gifts as I used to do.' " The sub-narrator added, "The third order was something beneficial which either Ibn `Abbas did not mention or he mentioned but I forgot.'

The Prophet delivered a sermon and said, "Allah gave a choice to one of (His) slaves either to choose this world or what is with Him in the Hereafter. He chose the latter." Abu Bakr wept. I said to myself, "Why is this Sheikh weeping, if Allah gave choice to one (of His) slaves either to choose this world or what is with Him in the Here after and he chose the latter?" And that slave was Allah's Apostle himself. Abu Bakr knew more than us. The Prophet said, "O Abu Bakr! Don't weep. The Prophet added: Abu- Bakr has favored me much with his property and company. If I were to take a Khalil from mankind I would certainly have taken Abu Bakr but the Islamic brotherhood and friendship is sufficient. Close all the gates in the mosque except that of Abu Bakr.

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that Abd ar-Rahman ibn Abd al-Qari said, "I went out with Umar ibn alKhattab in Ramadan to the mosque and the people there were spread out in groups. Some men were praying by themselves, whilst others were praying in small groups. Umar said, 'By Allah! It would be better in my opinion if these people gathered behind one reciter.' So he gathered them behind Ubayy ibn Kab. Then I went out with him another night and the people were praying behind their Qur'an reciter. Umar said, 'How excellent this new way is, but what you miss while you are asleep is better than what you watch in prayer.' He meant the end of the night, and people used to watch the beginning of the night in prayer."

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."

Allah's Apostle said to me. "Will you relieve me from Dhi-al-Khalasa? " Dhi-al-Khalasa was an idol which the people used to worship and it was called Al-Ka`ba al Yamaniyya. I said, "O Allah's Apostle I am a man who can't sit firm on horses." So he stroked my chest (with his hand) and said, "O Allah! Make him firm and make him a guiding and well-guided man." So I went out with fifty (men) from my tribe of Ahrnas. (The sub-narrator, Sufyan, quoting Jarir, perhaps said, "I went out with a group of men from my nation.") and came to Dhi-al-Khalasa and burnt it, and then came to the Prophet and said, "O Allah's Apostle! I have not come to you till I left it like a camel with a skin disease." The Prophet then invoked good upon Ahmas and their cavalry (fighters).

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki that a man from the people of Yemen, who had his hair braided, came to Abdullah ibn Umar and said, "Abu Abd arRahman, I have come to do just umra. ''Abdullah ibn Umar said to him, "If I had been with you or you had asked me I would have told you to do hajj and umra together." The Yemeni answered, "I am doing what I am doing," and Abdullah ibn Umar said to him, "Cut off the locks that are hanging from your head and offer a sacrificial animal." A woman from Iraq said, "What should his sacrificial animal be, Abu Abd ar-Rahman?" and he said, "His sacrificial animal?" and she said to him, "What should his sacrificial animal be?" Abdullah ibn Umar said, "If I could only find a sheep to sacrifice, I would prefer to do that than to fast."

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters, but did not mention tht doubt (expressed in his statement) That is (the goat of less than a year) is better than a goat of more than one year.

Fatima went to the Prophet complaining about the bad effect of the stone hand-mill on her hand. She heard that the Prophet had received a few slave girls. But (when she came there) she did not find him, so she mentioned her problem to `Aisha. When the Prophet came, `Aisha informed him about that. `Ali added, "So the Prophet came to us when we had gone to bed. We wanted to get up (on his arrival) but he said, 'Stay where you are." Then he came and sat between me and her and I felt the coldness of his feet on my `Abdomen. He said, "Shall I direct you to something better than what you have requested? When you go to bed say 'Subhan Allah' thirty-three times, 'Al hamduli l-lah' thirty three times, and Allahu Akbar' thirty four times, for that is better for you than a servant."

A man came to Allah's Apostle and said, "I am ruined." The Prophet asked, "What do you mean?" He said, "I had a sexual intercourse with my wife during Ramadan (while fasting)." The Prophet asked him, "Can you manumit a slave?" He replied in the negative. He then asked him, "Can you fast for two successive months continuously" He replied in the negative. The Prophet then asked him, "Can you feed sixty poor persons?" He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet said to the man, "Take it and give it in charity (as an expiation of your sin)." The man said "Should I give it to some people who are poorer than we O Allah's Apostle? By Him Who has sent you with the Truth, there is no family between Medina's two mountains poorer than we." Allah's Apostle told him to take it and provide his family with it."

Fatima complained of the suffering caused to her by the hand mill. Some Captives were brought to the Prophet, she came to him but did not find him at home `Aisha was present there to whom she told (of her desire for a servant). When the Prophet came, Aisha informed him about Fatima's visit. `Ali added "So the Prophet came to us, while we had gone to our bed I wanted to get up but the Prophet said, "Remain at your place". Then he sat down between us till I found the coolness of his feet on my chest. Then he said, "Shall I teach you a thing which is better than what you have asked me? When you go to bed, say, 'Allahu-Akbar' thirty-four times, and 'Subhan Allah thirty-three times, and 'Al hamdu-li l-lah thirty-three times for that is better for you both than a servant."

From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.

According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.

Allah's Apostle said, "No Zakat is imposed on less than five Awsuq of dates; no Zakat is imposed on less than five Awaq of silver, and no Zakat is imposed on less than five camels."

The Prophet said, "The neighbor has more right to be taken care of by his neighbor (than anyone else)." Some men said, "If one wants to buy a house for 20,000 Dirhams then there is no harm to play a trick to deprive somebody of preemption by buying it (just on paper) with 20,000 Dirhams but paying to the seller only 9,999 Dirhams in cash and then agree with the seller to pay only one Dinar in cash for the rest of the price (i.e. 10,001 Dirhams). If the preemptor offers 20,000 Dirhams for the house, he can buy it otherwise he has no right to buy it (by this trick he got out of preemption). If the house proves to belong to somebody else other than the seller, the buyer should take back from the seller what he has paid, i.e., 9,999 Dirhams and one Dinar, because if the house proves to belong to somebody else, so the whole bargain (deal) is unlawful. If the buyer finds a defect in the house and it does not belong to somebody other than the seller, the buyer may return it and receive 20,000 Dirhams (instead of 9999 Dirham plus one Dinar) which he actually paid.' Abu `Abdullah said, "So that man allows (some people) the playing of tricks amongst the Muslims (although) the Prophet said, 'In dealing with Muslims one should not sell them sick (animals) or bad things or stolen things."

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

The Prophet (p.b.u.h) said, "Whoever intentionally swears falsely by a religion other than Islam, then he is what he has said, (e.g. if he says, 'If such thing is not true then I am a Jew,' he is really a Jew). And whoever commits suicide with piece of iron will be punished with the same piece of iron in the Hell Fire." Narrated Jundab the Prophet said, "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him."

That the Prophet (saws) said: "Going out in the morning in the cause of Allah, or in the afternoon, is better than the world and what is in it."

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

The Abu Hazim who reported from Ashl bin Sa'd is Abu Hazim Az-Zahid. He is from Al-Madinah, and his name is Salamah bin Dinar. While [this] Abu Hazim who reported from Abu Hurairah is Abu Hazim Al-Ashja'i Al-Kufi, whose name is Salman, and he is the freed slave of 'Azzah Al-Ashja'iyyah.

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

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

Once we accompanied the Messenger of Allah (saws) on a journey. When we reached near Medina, the people began to say aloud: "Allah is most great," and they raised their voice.

The Messenger of Allah (saws) said: O people, you are not supplicating one who is deaf and absent, but you are supplicating One Who is nearer to you than the neck of your riding beast.

The Messenger of Allah (saws) then said: AbuMusa, should I not point out to you one of the treasures of Paradise?

I asked: What is that?

He replied: "There is no might and there is no power except in Allah"

During the lifetime of Allah's Apostle, the sun eclipsed. Allah's Apostle offered the prayer of (the) eclipse) and so did the people along with him. He performed a long Qiyam (standing posture) during which Surat-al-Baqara could have been recited; then he performed a pro-longed bowing, then raised his head and stood for a long time which was slightly less than that of the first Qiyam (and recited Qur'an). Then he performed a prolonged bowing again but the period was shorter than the period of the first bowing, then he stood up and then prostrated. Again he stood up, but this time the period of standing was less than the first standing. Then he performed a prolonged bowing but of a lesser duration than the first, then he stood up again for a long time but for a lesser duration than the first. Then he performed a prolonged bowing but of lesser duration than the first, and then he again stood up, and then prostrated and then finished his prayer. By then the sun eclipse had cleared. The Prophet then said, "The sun and the moon are two signs among the signs of Allah, and they do not eclipse because of the death or birth of someone, so when you observe the eclipse, remember Allah (offer the eclipse prayer)." They (the people) said, "O Allah's Apostle! We saw you stretching your hand to take something at this place of yours, then we saw you stepping backward." He said, "I saw Paradise (or Paradise was shown to me), and I stretched my hand to pluck a bunch (of grapes), and had I plucked it, you would have eaten of it as long as this world exists. Then I saw the (Hell) Fire, and I have never before, seen such a horrible sight as that, and I saw that the majority of its dwellers were women." The people asked, "O Allah's Apostle! What is the reason for that?" He replied, "Because of their ungratefulness." It was said. "Do they disbelieve in Allah (are they ungrateful to Allah)?" He replied, "They are not thankful to their husbands and are ungrateful for the favors done to them. Even if you do good to one of them all your life, when she seems some harshness from you, she will say, "I have never seen any good from you.' "

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Once the Prophet was riding his camel and a man was holding its rein. The Prophet asked, "What is the day today?" We kept quiet, thinking that he might give that day another name. He said, "Isn't it the day of Nahr (slaughtering of the animals of sacrifice)" We replied, "Yes." He further asked, "Which month is this?" We again kept quiet, thinking that he might give it another name. Then he said, "Isn't it the month of Dhul-Hijja?" We replied, "Yes." He said, "Verily! Your blood, property and honor are sacred to one another (i.e. Muslims) like the sanctity of this day of yours, in this month of yours and in this city of yours. It is incumbent upon those who are present to inform those who are absent because those who are absent might comprehend (what I have said) better than the present audience."

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."

The Prophet (saws) as saying: In the morning alms are due for every bone in man's body. His salutation to everyone he meets is alms, his enjoining good is alms, his forbidding what is evil is alms, the removal of harmful thing from the way is alms, to have sexual intercourse with one's wife if alms, and two rak'ahs which one prays in the Duha serve instead of that.

Abu Dawud said: The tradition narrated by 'Abbad is more perfect (than the version narrated by Musaddad). Musaddad did not mention in his version "the command (of good) and the prohibition (of evil)". Instead, he added in his version saying: "Such and such." Ibn Ma'na added in his version: "They (the people) said: Messenger of Allah, how is that one of us fulfills his desire and still there are alms for him (i.e. is rewarded)? He replied: What do you think if you had unlawful sexual intercourse, would he not have been a sinner ?

Allah's Apostle said, "There is no Zakat on less than five camels and also there is no Zakat on less than five Awaq (of silver). (5 Awaq = 22 Fransa Riyals of Yemen or 200 Dirhams.) And there is no Zakat on less than five Awsuq. (A special measure of food-grains, and one Wasq equals 60 Sa's.) (For gold 20, Dinars i.e. equal to 12 Guinea English. No Zakat for less than 12 Guinea (English) of gold or for silver less than 22 Fransa Riyals of Yemen.)

Narrated Abi Sa`id Al-Khudri:

I heard the Prophet saying (as above).

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so. When this news reached the Prophet he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik stood up and asked "O Allah's Apostle! Is this permission for us only or is it forever?" The Prophet replied, "It is forever." In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet has intended. (According to another man, `Ali was saying Labbaik for Hajj similar to Allah's Apostle's). The Prophet told him to keep on the Ihram and let him share the Hadi with him.

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

I came to Allah's Apostle and said, "O Allah's Apostle! We are living in the land of the people of the Scripture and we take our meals in their utensils, and in the land there is game and I hunt with my bow and trained or untrained hounds; please tell me what is lawful for us of that." He said, "As for your saying that you are living in the land of the people of the Scripture and that you eat in their utensils, if you can get utensils other than theirs, do not eat in their utensils, but if you do not find (other than theirs), then wash their utensils and eat in them. As for your saying that you are in the land of game, if you hung something with your bow, and have mentioned Allah's Name while hunting, then you can eat (the game). And if you hunt something with your trained hound, and have mentioned Allah's Name on sending it for hunting then you can eat (the game). But if you hunt something with your untrained hound and you were able to slaughter it before its death, you can eat of it."

When we were ordered to give alms, we began to work as porters (to earn something we could give in charity). Abu `Aqil came with one half of a Sa` (special measure for food grains) and another person brought more than he did. So the hypocrites said, "Allah is not in need of the alms of this (i.e. Abu `Aqil); and this other person did not give alms but for showing off." Then Allah revealed:-- 'Those who criticize such of the Believers who give charity voluntarily and those who could not find to give in charity except what is available to them.' (9.79)

I asked `Aisha "Did the Prophet forbid eating the meat of sacrifices offered on `Id-ul-Adha for more than three days" She said, "The Prophet did not do this except in the year when the people were hungry, so he wanted the rich to feed the poor. But later we used to store even a trotter of a sheep to eat it fifteen days later." She was asked, "What compelled you to do so?" She smiled and said, "The family of Muhammad did not eat to their satisfaction white bread with meat soup for three successive days till he met Allah."

that Zaid bin Khalid sent him to Abi Juhaim to ask him what he had heard from Allah's Apostle about a person passing in front of another person who was praying. Abu Juhaim replied, "Allah's Apostle said, 'If the person who passes in front of another person in prayer knew the magnitude of his sin he would prefer to wait for 40 (days, months or years) rather than to pass in front of him." Abu An-Nadr said, "I do not remember exactly whether he said 40 days, months or years."

ahya related to me from Malik from Yahya ibn Said from Bushayr ibn Yasar that Abu Burda ibn Niyar sacrificed an animal before the Messenger of Allah, may Allah bless him and grant him peace, sacrificed on the Day of Sacrifice. He asserted that the Messenger of Allah, may Allah bless him and grant him peace, ordered him to sacrifice another animal, and he, Abu Burda, said, "What if I can only find an animal less than one year old, Messenger of Allah?" He had said, "If you can only find a young animal, then sacrifice it."

That he said: "O Messenger of Allah! We live in a land of the People of Book and we cook in their containers, and drink in their vessels." The Messenger of Allah (saws) said: "If you do not find other than them, then rinse them with water."

The he said: "O Messenger of Allah! We live in a land of game, so what should we do ?" He said: "When you send your trained dog, and you mentioned the Name of Allah, and he kills it, then eat it. And when you shoot it with your bow, and it is killed, then eat it.'"

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

Allah's Apostle (p.b.u.h) said, "No Zakat is due on property mounting to less than five Uqiyas (of silver), and no Zakat is due on less than five camels, and there is no Zakat on less than five Wasqs." (A Wasqs equals 60 Sa's) & (1 Sa=3 K gms App.)

Yahya said that Malik said, "The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five, is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock, he still only has to pay zakat according to what the zakat collector (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed.

Allah's Apostle addressed the people saying, "Don't you know what is the day today?" They replied, "Allah and His Apostle know better." We thought that he might give that day another name. The Prophet said, "Isn't it the day of An-Nahr?" We replied, "Yes. O Allah's Apostle." He then said, "What town is this? Isn't it the forbidden (Sacred) Town (Mecca)?" We replied, "Yes, O Allah's Apostle." He then said, "Your blood, your properties, your honors and your skins (i.e., bodies) are as sacred to one another like the sanctity of this day of yours in this month of yours in this town of yours. (Listen) Haven't I conveyed Allah's message to you?" We replied, "Yes" He said, "O Allah! Be witness (for it). So it is incumbent upon those who are present to convey it (this message of mine) to those who are absent because the informed one might comprehend what I have said better than the present audience who will convey it to him.)" The narrator added: In fact, it was like that. The Prophet added, "Beware! Do not renegade as disbelievers after me by striking (cutting) the necks of one another."