Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."

Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."

Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."

Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."

Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."

The Prophet said, "Whoever takes the property of a Muslim by taking a false oath, will meet Allah Who will be angry with him." Then the Prophet recited the Verse:-- 'Verily those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter, neither will Allah speak to them, nor look at them.' (3.77)

who heard Aisha saying, "The Holy Verse; 'Whoever amongst the guardians is rich, he should take no wages (from the property of the orphans) but If he is poor, let him have for himself what is just and reasonable (according to his labors)' (4.6) was revealed concerning the guardian of the orphans who looks after them and manages favorably their financial affairs; If the guardian Is poor, he could have from It what Is just and reasonable, (according to his labors).

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

Yahya related to me from Malik from Ibn Shihab from Hunayd ibn Abd arRahman ibn Awf from Abu Hurayra that a man broke the fast in Ramadan and the Messenger of Allah, may Allah bless him and grant him peace, ordered him to make kaffara by freeing a slave, or fasting two consecutive months, or feeding sixty poor people, and he said, "I can't do it." Someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Take this and give it away as sadaqa." He said, "Messenger of Allah, there is no-ne more needy than I am." The Messenger of Allah, may Allah bless him and grant him peace, laughed until his eye-teeth appeared, and then he said, "Eat them."

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Hind bint `Utba said, "O Allah's Apostle! Abu Sufyan is a miser and he does not give me what is sufficient for me and my children. Can I take of his property without his knowledge?" The Prophet said, "Take what is sufficient for you and your children, and the amount should be just and reasonable.

That the Messenger of Allah (saws) said: "None is wounded in Allah's cause - and Allah knows better about who has been injured in His cause - except that he will come on the Day of Resurrection with his wound the color of blood but its scent will be the scent of musk."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from the Prophet (saws).

Allah's Apostle said, "One prayer in my Mosque is better than one thousand prayers in any other mosque excepting Al-Masjid-AI-Haram."

Allah's Apostle said, "O `Abdur-Rahman bin Samura! Do not seek to be a ruler, for if you are given authority on your demand, you will be held responsible for it, but if you are given it without asking for it, then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then do what is better and make expiation for your oath."

Thursday! And how great that Thursday was! The ailment of Allah's Apostle became worse (on Thursday) and he said, fetch me something so that I may write to you something after which you will never go astray." The people (present there) differed in this matter, and it was not right to differ before a prophet. Some said, "What is wrong with him ? (Do you think ) he is delirious (seriously ill)? Ask him ( to understand his state )." So they went to the Prophet and asked him again. The Prophet said, "Leave me, for my present state is better than what you call me for." Then he ordered them to do three things. He said, "Turn the pagans out of the 'Arabian Peninsula; respect and give gifts to the foreign delegations as you have seen me dealing with them." (Sa`id bin Jubair, the sub-narrator said that Ibn `Abbas kept quiet as rewards the third order, or he said, "I forgot it.") (See Hadith No. 116 Vol. 1)

The Messenger of Allah (saws) and AbuBakr gave forty lashes for drinking wine and Umar made it eighty. And all this is sunnah, the model and standard practice.

Abu Dawud said: Al-Asma'i explaning the maxim, "He who enjoys its cold should bear its heat," said: He who enjoys the easy if it should also take the responsibility of the hard of it.

Abu Dawud said: Hudain b. al-Mundhir Abu Sasan was the leader of his tribe.

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

The Prophet (saws) said: Those who are nearest to Allah are they who are first to give a salutation.

That the Messenger of Allah (saws) said: "Whoever takes a false oath to deprive a Muslim of his wealth, he will meet Allah while He is angry with him."

Al-Ash'ath bin Qais said: "It is about me, by Allah! There was a dispute about some land between myself and a man from the Jews who denied my ownership of it, so I took him to the Prophet (saws). The Messenger of Allah (saws) said to me: 'Do you have any proof ?' I said: 'No'. So he said to Jew: 'Take an oath.' I said: 'O Messenger of Allah! If he takes an oath then my property will be gone!' So Allah, Most High revealed: Verily those who purchase a small gain at the cost of Allah's Covenant and their oaths.. until the end of the Ayah."

[Abu 'Eisa said:] There are narrations on this topic from Wa'il bin Hujr, Abu Musa, Abu Umamah bin Tha'labah Al-Ansari, and 'Imran bin Husain. The Hadith of Ibn Mas'ud is a Hasan Sahih Hadith.

Whenever the Prophet offered his Tahajjud prayer, he would say, "O Allah, our Lord! All the praises are for You; You are the Keeper (Establisher or the One Who looks after) of the Heavens and the Earth. All the Praises are for You; You are the Light of the Heavens and the Earth and whatever is therein. You are the Truth, and Your saying is the Truth, and Your promise is the Truth, and the meeting with You is the Truth, and Paradise is the Truth, and the (Hell) Fire is the Truth. O Allah! I surrender myself to You, and believe in You, and I put my trust in You (solely depend upon). And to You I complain of my opponents and with Your Evidence I argue. So please forgive the sins which I have done in the past or I will do in the future, and also those (sins) which I did in secret or in public, and that which You know better than I. None has the right to be worshipped but You."

On the day of Nahr Allah's Apostle delivered the Khutba after the `Id prayer and said, "Anyone who prayed like us and slaughtered the sacrifice like we did then he acted according to our (Nusuk) tradition of sacrificing, and whoever slaughtered the sacrifice before the prayer, then that was just mutton (i.e. not sacrifice)." Abu Burda bin Naiyar stood up and said, "O Allah's Apostle! By Allah, I slaughtered my sacrifice before I offered the (Id) prayer and thought that today was the day of eating and drinking (nonalcoholic drinks) and so I made haste (in slaughtering) and ate and also fed my family and neighbors." Allah's Apostle said, "That was just mutton (not a sacrifice)." Then Abu Burda said, "I have a young she-goat and no doubt, it is better than two sheep. Will that be sufficient as a sacrifice for me?" The Prophet replied, "Yes. But it will not be sufficient for anyone else (as a sacrifice), after you."

The Prophet said, "The call (or the Adhan) of Bilal should not stop you from taking the Suhur-meals for Bilal calls (or pronounces the Adhan) so that the one who is offering the night prayer should take a rest, and he does not indicate the daybreak or dawn." The narrator, Yazid, described (how dawn breaks) by stretching out his hands and then separating them wide apart.

While Allah's Apostle was carrying stones (along) with the people of Mecca for (the building of) the Ka`ba wearing an Izar (waist-sheet cover), his uncle Al-`Abbas said to him, "O my nephew! (It would be better) if you take off your Izar and put it over your shoulders underneath the stones." So he took off his Izar and put it over his shoulders, but he fell unconscious and since then he had never been seen naked.

The Prophet sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet went to him and said, "What have you got, O Thumama?" He replied," I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want property, then ask me whatever wealth you want." He was left till the next day when the Prophet said to him, "What have you got, Thumama? He said, "What I told you, i.e. if you set me free, you would do a favor to one who is grateful." The Prophet left him till the day after, when he said, "What have you got, O Thumama?" He said, "I have got what I told you. "On that the Prophet said, "Release Thumama." So he (i.e. Thumama) went to a garden of date-palm trees near to the Mosque, took a bath and then entered the Mosque and said, "I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad! There was no face on the surface of the earth most disliked by me than yours, but now your face has become the most beloved face to me. By Allah, there was no religion most disliked by me than yours, but now it is the most beloved religion to me. By Allah, there was no town most disliked by me than your town, but now it is the most beloved town to me. Your cavalry arrested me (at the time) when I was intending to perform the `Umra. And now what do you think?" The Prophet gave him good tidings (congratulated him) and ordered him to perform the `Umra. So when he came to Mecca, someone said to him, "You have become a Sabian?" Thumama replied, "No! By Allah, I have embraced Islam with Muhammad, Apostle of Allah. No, by Allah! Not a single grain of wheat will come to you from Yamamah unless the Prophet gives his permission."

We were in the company of the Prophet in a funeral procession at Baqi Al-Gharqad. He said, "There is none of you but has his place written for him in Paradise or in the Hell- Fire." They said, "O Allah's Apostle! Shall we depend (on this fact and give up work)?" He said, "Carry on doing (good deeds), for every body will find it easy to do (what will lead him to his destined place)." Then he recited: 'As for him who gives (in charity) and keeps his duty to Allah, and believes in the Best reward from Allah (i.e. Allah will compensate him for what he will spend in Allah's way). So, We will make smooth for him the path of ease. But he who is a greedy miser....for him, the path for evil.' (92.5-10)

The Prophet said, "Allah will gather the believers on the Day of Resurrection in the same way (as they are gathered in this life), and they will say, 'Let us ask someone to intercede for us with our Lord that He may relieve us from this place of ours.' Then they will go to Adam and say, 'O Adam! Don't you see the people (people's condition)? Allah created you with His Own Hands and ordered His angels to prostrate before you, and taught you the names of all the things. Please intercede for us with our Lord so that He may relieve us from this place of ours.' Adam will say, 'I am not fit for this undertaking' and mention to them the mistakes he had committed, and add, "But you d better go to Noah as he was the first Apostle sent by Allah to the people of the Earth.' They will go to Noah who will reply, 'I am not fit for this undertaking,' and mention the mistake which he made, and add, 'But you'd better go to Abraham, Khalil Ar-Rahman.' They will go to Abraham who will reply, 'I am not fit for this undertaking,' and mention to them the mistakes he made, and add, 'But you'd better go to Moses, a slave whom Allah gave the Torah and to whom He spoke directly' They will go to Moses who will reply, 'I am not fit for this undertaking,' and mention to them the mistakes he made, and add, 'You'd better go to Jesus, Allah's slave and His Apostle and His Word (Be: And it was) and a soul created by Him.' They will go to Jesus who will say, 'I am not fit for this undertaking, but you'd better go to Muhammad whose sins of the past and the future had been forgiven (by Allah).' So they will come to me and I will ask the permission of my Lord, and I will be permitted (to present myself) before Him. When I see my Lord, I will fall down in (prostration) before Him and He will leave me (in prostration) as long as He wishes, and then it will be said to me, 'O Muhammad! Raise your head and speak, for you will be listened to; and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will then raise my head and praise my Lord with certain praises which He has taught me, and then I will intercede. Allah will allow me to intercede (for a certain kind of people) and will fix a limit whom I will admit into Paradise. I will come back again, and when I see my Lord (again), I will fall down in prostration before Him, and He will leave me (in prostration) as long as He wishes, and then He will say, 'O Muhammad! Raise your head and speak, for you will be listened to; and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will then praise my Lord with certain praises which He has taught me, and then I will intercede. Allah will allow me to intercede (for a certain kind of people) and will fix a limit to whom I will admit into Paradise, I will return again, and when I see my Lord, I will fall down (in prostration) and He will leave me (in prostration) as long as He wishes, and then He will say, 'O Muhammad! Raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will then praise my Lord with certain praises which He has taught me, and then I will intercede. Allah will allow me to intercede (for a certain kind of people) and will fix a limit to whom I will admit into Paradise. I will come back and say, 'O my Lord! None remains in Hell (Fire) but those whom Qur'an has imprisoned therein and for whom eternity in Hell (Fire) has become inevitable.' " The Prophet added, "There will come out of Hell (Fire) everyone who says: 'La ilaha illal-lah,' and has in his heart good equal to the weight of a barley grain. Then there will come out of Hell (Fire) everyone who says: ' La ilaha illal-lah,' and has in his heart good equal to the weight of a wheat grain. Then there will come out of Hell (Fire) everyone who says: 'La ilaha illal-lah,' and has in his heart good equal to the weight of an atom (or a smallest ant).

The Prophet was asked, "Who are the best people?" He replied: The people of my generation, and then those who will follow (come after) them, and then those who will come after the later; after that there will come some people whose witness will precede their oaths and their oaths will go ahead of their witness." Ibrahim (a sub-narrator) said, "When we were young, our elder friends used to prohibit us from taking oaths by saying, 'I bear witness swearing by Allah, or by Allah's Covenant."'

That he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) (The sub-narrator then mentioned the Hadith.)

A son of one of the daughters of the Prophet was dying, so she sent a person to call the Prophet. He sent (her a message), "What ever Allah takes is for Him, and whatever He gives is for Him, and everything has a limited fixed term (in this world) so she should be patient and hope for Allah's reward." She then sent for him again, swearing that he should come. Allah's Apostle got up, and so did Mu`adh bin Jabal, Ubai bin Ka`b and 'Ubada bin As-Samit. When he entered (the house), they gave the child to Allah's Apostle while its breath was disturbed in his chest. (The sub-narrator said: I think he said, "...as if it was a water skin.") Allah's Apostle started weeping whereupon Sa`d bin 'Ubada said, "Do you weep?" The Prophet said, "Allah is merciful only to those of His slaves who are merciful (to others).

A man came to Allah's Apostle and said, "O Allah's Apostle! I am suffering from fatigue and hunger." The Prophet sent (somebody) to his wives (to get something), but the messenger found nothing with them. Then Allah's Apostle said (to his companions). "Isn't there anybody who can entertain this man tonight so that Allah may be merciful to him?" An Ansari man got up and said, "I (will, entertain him), O Allah's Apostle!" So he went to his wife and said to her, "This is the guest of Allah's Apostle, so do not keep anything away from him." She said. "By Allah, I have nothing but the children's food." He said, "When the children ask for their dinner, put them to bed and put out the light; we shall not take our meals tonight," She did so. In the morning the Ansari man went to Allah's Apostle who said, "Allah was pleased with (or He bestowed His Mercy) on so-and-so and his wife (because of their good deed)." Then Allah revealed: 'But give them preference over themselves even though they were in need of that.' (59.9)

I was sitting with the Prophet (saws). A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity.

He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah (saws) laughed so much that his canine or molar teeth appeared.

I and Ashtar went to Ali and said to him: Did the Messenger of Allah (saws) give you any instruction about anything for which he did not give any instruction to the people in general?

He said: No, except what is contained in this document of mine. Musaddad said: He then took out a document. Ahmad said: A document from the sheath of his sword.

It contained: The lives of all Muslims are equal; they are one hand against others; the lowliest of them can guarantee their protection. Beware, a Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds. If anyone introduces an innovation, he will be responsible for it. If anyone introduces an innovation or gives shelter to a man who introduces an innovation (in religion), he is cursed by Allah, by His angels, and by all the people.

Musaddad said: Ibn AbuUrubah's version has: He took out a document.

The Prophet said, "No slave (of Allah) should say that I am better than Yunus bin Matta." So the Prophet mentioned his father's name with his name.

Abu Bakra reported from the Messenger of Allah (may peace be upon him) that Aslam, Ghifar, Muzaina and Juhaina are better than Banu Tamim, Banu Amir and their allies Banu Asad and Ghatfan.

Ubayy ibn Ka'b) said: The Prophet (saws) read the verse: "Say: In the bounty of Allah and in His mercy--in that let you rejoice: that is better than the wealth you hoard."