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."

Allah's Apostle said, Whoever believes in Allah and the Last Day, should serve his guest generously. The guest's reward is: To provide him with a superior type of food for a night and a day and a guest is to be entertained with food for three days, and whatever is offered beyond that, is regarded as something given in charity. And it is not lawful for a guest to stay with his host for such a long period so as to put him in a critical position."

Narrated Malik:

Similarly as above (156) adding, "Who believes in Allah and the Last Day should talk what is good or keep quiet." (i.e. abstain from dirty and evil talk, and should think before uttering).

Al-Faji' came to the Messenger of Allah (saws) and asked: Is not dead meat lawful for us? He said: What is your food? We said: Some food in the evening and some in the morning. AbuNu'aym said: Uqbah explained it to me saying: a cup (of milk) in the morning and a cup in the evening; this does not satisfy the hunger. So made the carrion lawful for them in this condition.

Abu Dawud said: Ghabuq is a drink in the evening and Sabuh is a drink in the morning.

A man asked the Messenger of Allah (saws): Messenger of Allah, we travel on the sea and take a small quantity of water with us. If we use this for ablution, we would suffer from thirst. Can we perform ablution with sea water? The Messenger (saws) replied: Its water is pure and what dies in it is lawful food.

I saw Safwan and Jundab and Safwan's companions when Jundab was advising. They said, "Did you hear something from Allah's Apostle?" Jundab said, "I heard him saying, 'Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.'" The people said (to Jundab), "Advise us." He said, "The first thing of the human body to purify is the `Abdomen, so he who can eat nothing but good food (Halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so."

When the verse: "O ye who believe! eat not up your property among yourselves in vanities, but let there be amongst you traffic and trade by mutual good will" was revealed, a man thought it a sin to eat in the house of another man after the revelation of this verse.

Then this (injunction) was revealed by the verse in Surat an-Nur: "No blame on you whether you eat in company or separately."

When a rich man (after revelation) invited a man from his people to eat food in his house, he would say: I consider it a sin to eat from it, and he said: a poor man is more entitled to it than I. The Arabic word tajannah means sin or fault. It was then declared lawful to eat something on which the name of Allah was mentioned, and it was made lawful to eat the flesh of an animal slaughtered by the people of the Book.

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

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

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

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

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

Allah's Apostle got up on the day of the Conquest of Mecca and said, "Allah has made Mecca a sanctuary since the day He created the Heavens and the Earth, and it will remain a sanctuary by virtue of the sanctity Allah has bestowed on it till the Day of Resurrection. It (i.e. fighting in it) was not made lawful to anyone before me!, nor will it be made lawful to anyone after me, and it was not made lawful for me except for a short period of time. Its game should not be chased, nor should its trees be cut, nor its vegetation or grass uprooted, not its Luqata (i.e. Most things) picked up except by one who makes a public announcement about it." Al-Abbas bin `Abdul Muttalib said, "Except the Idhkhir, O Allah's Apostle, as it is indispensable for blacksmiths and houses." On that, the Prophet kept quiet and then said, "Except the Idhkhir as it is lawful to cut."

I asked Ibn `Abbas about Al-Badhaq. He said, "Muhammad prohibited alcoholic drinks before It was called Al-Badhaq (by saying), 'Any drink that intoxicates is unlawful.' I said, 'What about good lawful drinks?' He said,'Apart from what is lawful and good, all other things are unlawful and not good (unclean Al-Khabith).

The Prophet said, "I have been given five things which were not given to any one else before me. -1. Allah made me victorious by awe, (by His frightening my enemies) for a distance of one month's journey. -2. The earth has been made for me (and for my followers) a place for praying and a thing to perform Tayammum, therefore anyone of my followers can pray wherever the time of a prayer is due. -3. The booty has been made Halal (lawful) for me yet it was not lawful for anyone else before me. -4. I have been given the right of intercession (on the Day of Resurrection). -5. Every Prophet used to be sent to his nation only but I have been sent to all mankind.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

The Prophet asked Abu Bakr for `Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry."

The Prophet said, "It is not lawful for a woman (at the time of wedding) to ask for the divorce of her sister (i.e. the other wife of her would-be husband) in order to have everything for herself, for she will take only what has been written for her."

Allah's Apostle said, "I have been given five things which were not given to any amongst the Prophets before me. These are: -1. Allah made me victorious by awe (by His frightening my enemies) for a distance of one month's journey. -2. The earth has been made for me (and for my followers) a place for praying and a thing to perform Tayammum. Therefore my followers can pray wherever the time of a prayer is due. -3. The booty has been made Halal (lawful) for me (and was not made so for anyone else). -4. Every Prophet used to be sent to his nation exclusively but I have been sent to all mankind. -5. I have been given the right of intercession (on the Day of Resurrection.)

The Prophet said, "It is not lawful for a Muslim to desert (not to speak to) his brother Muslim for more than three days while meeting, one turns his face to one side and the other turns his face to the other side. Lo! The better of the two is the one who starts greeting the other."

I said, "O Allah's Apostle! Marry my sister, the daughter of Abu Sufyan." He said, "Do you like that?" I said, "Yes, for even now I am not your only wife; and the most beloved person to share the good with me is my sister." The Prophet said, "But that is not lawful for me (i.e., to be married to two sisters at a time.)" I said, "O Allah's Apostle! By Allah, we have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "By Allah ! Even if she were not my stepdaughter, she would not be lawful for me to marry, for she is my foster niece, for Thuwaiba has suckled me and Abu Salama; so you should neither present your daughters, nor your sisters to me."

The Prophet said, "It is not lawful for a lady who believes in Allah and the Last Day, to mourn for more than three days for a dead person, except for her husband, in which case she should neither put kohl in her eyes, nor perfume herself, nor wear dyed clothes, except a garment of 'Asb"

Allah's Apostle said, "It is not lawful for a man to desert his brother Muslim for more than three nights. (It is unlawful for them that) when they meet, one of them turns his face away from the other, and the other turns his face from the former, and the better of the two will be the one who greets the other first."

Allah's Apostle said, "It is not lawful for a lady to fast (Nawafil) without the permission of her husband when he is at home; and she should not allow anyone to enter his house except with his permission; and if she spends of his wealth (on charitable purposes) without being ordered by him, he will get half of the reward."

Um Habiba said to Allah's Apostle "We have heard that you want to marry Durra bint Abu-Salama." Allah's Apostle said, "Can she be married along with Um Salama (her mother)? Even if I have not married Um Salama, she would not be lawful for me to marry, for her father is my foster brother."

We used to participate in the holy battles led by Allah's Apostle and we had nothing (no wives) with us. So we said, "Shall we get ourselves castrated?" He forbade us that and then allowed us to marry women with a temporary contract (2) and recited to us: -- 'O you who believe ! Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.' (5.87)

When Um Habiba bint Abi Sufyan was informed of her father's death, she asked for perfume and rubbed it over her arms and said, "I am not in need of perfume, but I have heard the Prophet saying, "It is not lawful for a lady who believes in Allah and the Last Day to mourn for more than three days except for her husband for whom the (mourning) period is four months and ten days."

We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet ). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you."

(from the companions of Allah's Apostle) When Suhail bin `Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet agreed to that condition and returned Abu Jandal to his father Suhail bin `Amr. Thenceforward the Prophet returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kulthum bint `Uqba bin Abu Muait who came to Allah's Apostle and she was a young lady then. Her relative came to the Prophet and asked him to return her, but the Prophet did not return her to them for Allah had revealed the following Verse regarding women: "O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)

Allah's Apostle said, "Beware of entering upon the ladies." A man from the Ansar said, "Allah's Apostle! What about Al-Hamu the in-laws of the wife (the brothers of her husband or his nephews etc.)?" The Prophet replied: The in-laws of the wife are death itself.

that he heard the Prophet saying, "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful. And there will be some people who will stay near the side of a mountain and in the evening their shepherd will come to them with their sheep and ask them for something, but they will say to him, 'Return to us tomorrow.' Allah will destroy them during the night and will let the mountain fall on them, and He will transform the rest of them into monkeys and pigs and they will remain so till the Day of Resurrection."

Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.

The Prophet (saws) said: Life-tenancy is lawful for the one to whom it is given and donation of property to go to the survivor is lawful to whom it is given.

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

Abdullah asked the Messenger of Allah (saws): What is lawful for me to do with my wife when she is menstruating? He replied: What is above the waist-wrapper is lawful for you.

The narrator also mentioned (the lawfulness of) eating with a woman in menstruation, and he transmitted the tradition in full.

Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba, the wife of the Prophet when her father, Abu- Sufyan bin Herb had died. Um ,Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Apostle saying, 'It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.'"

that he came to `Aisha and said to her, "O Mother of the Believers! There is a man who sends a Hadi to Ka`ba and stays in his city and requests that his Hadi camel be garlanded while he remains in a state of Ihram from that day till the people finish their Ihram (after completing all the ceremonies of Hajj)" (What do you say about it?) Masruq added, I heard the clapping of her hands behind the curtain. She said, "I used to twist the garlands for the Hadi of Allah's Apostle and he used to send his Hadi to Ka`ba but he never used to regard as unlawful what was lawful for men to do with their wives till the people returned (from the Hajj).

Malik related to me from Humayd ibn Qays al-Makki that Mujahid said, "Abdullah ibn Umar borrowed some dirhams from a man, then he discharged his debt with dirhams better than them. The man said, 'Abu Abdar-Rahman. These are better than the dirhams which I lent you.' Abdullah ibn Umar said, 'I know that. But I am happy with myself about that.' "

Malik said, "There is no harm in a person who has borrowed gold, silver, food, or animals, taking to the person who lent it, something better than what he lent, when that is not a stipulation between them nor a custom. If that is by a stipulation or promise or custom, then it is disapproved, and there is no good in it."

He said, "That is because the Messenger of Allah, may Allah bless him and grant him peace, discharged his debt with a good camel in its seventh year in place of a young camel which he borrowed, and Abdullah ibn Umar borrowed some dirhams, and repaid them with better ones. If that is from the goodness of the borrower, and it is not by a stipulation, promise, or custom, it is halal and there is no harm in it."

The Prophet (saws) said: Conciliation between Muslims is permissible. The narrator Ahmad added in his version: "except the conciliation which makes lawful unlawful and unlawful lawful." Sulayman ibn Dawud added: The Messenger of Allah (saws) said: Muslims are on (i.e. stick to) their conditions.

Should I tell you what I heard the Messenger of Allah (saws) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.

Allah's Apostle said, "The food for two persons is sufficient for three, and the food of three persons is sufficient for four persons."