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Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman. Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5). Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again. Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. " Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry." Malik said, "Women have no dhihar." Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him. Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar." Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her. Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."
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Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, "Amra says to you not to cut off the hand except for a quarter of a dinar and upwards." Abu Bakr added, "So I let the Nabatean go." Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself." Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master." Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off." Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied." Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either." Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."
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(wife of the Prophet (SAW)) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle (SAW) visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad-Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu-Bakr continued worshipping his Lord in his house and did not pray or recite Quran aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Quran. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Quran in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping)." Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle (SAW) was still in Makkah and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two, Harras." So, when the Prophet (SAW) told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle (SAW) said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle (SAW) replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle (SAW) and fed two camels which he had, with the leaves of Samor trees for four months.
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Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land." Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured" Malik spoke about buying a Quran, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one-third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."
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I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (peace_be_upon_him). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray). Then the Messenger of Allah (peace_be_upon_him) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (peace_be_upon_him) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying. He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place. (The narrator says that the Prophet (peace_be_upon_him) used the word la tahsabanna, do not think). I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl. I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.
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The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock).' One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sas) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."
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"My (maternal) aunt took to me to the Holy Prophet (SAW) (Peace and Blessings be upon him) and said to him, this nephew of mine is ill. Rasulullah (Peace and Blessings be upon him) wiped his holy hand over my head and made for barakah for me. (According to some Ulama, Rasulullah (Peace and Blessings be upon him) wiped his hand over his head, meant that he Sayyidina Saa-ib bin Yazid (Radiallahu anhu) had a pain in the head. The opinion of this weak and humble servant is that it is better if this is taken to mean that the Holy Prophet (SAW) (Peace and Blessings be upon him) wiped his hands in kindness on the head of Sayyidina Saa-ib bin Yazid (Radiallahu anhu). Sayyidina Saa-ib bin Yazid (Radiallahu anhu) was born in the second year Hijri, and at the time of the Holy Prophet (SAW) (Peace and Blessings be upon him)'s death, his age was not more than 8 or 9 years. That is why the Holy Prophet (SAW) (Peace and Blessings be upon him) wiped his Holy hand in kindness, as is the customs of the great personalities. The Holy Prophet (SAW) (Peace and Blessings be upon him) also gave him the water of wudu to drink as a cure, as will be stated further, or he may have prescibed another remedy, especially when we learn also in a narration in Bukhari thay he Sayyidina Saa-ib bin Yazid (Radiallahu anhu)was suffering from pain in his leg). When the Holy Prophet (SAW) (Peace and Blessings be upon him) performed Wudu, I drank the water of that wudu. (The Holy Prophet (SAW) (Peace and Blessings be upon him) may have performed wudu for some reason, but here it is clear that the Holy Prophet (SAW) (Peace and Blessings be upon him) performed wudu so that the water could be used as a remedy and medicine). I saw the seal of Prophet (SAW)hood, which was like the knot on a mosquito net or bedstead." (Which is the size of a pigeon's egg in roundness). The Ulama differ in the translation of this word. Some have translated it in another manner. Imam Nawawi, the famous commentator of Sahih Muslim, preferred the translation I have chosen).
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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."
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We were sitting in the company of Umar and he said: Who amongst you has heard the Messenger of Allah (may peace be upon him) talking about the turmoil? Some people said: It is we who heard it. Upon this be remarked: Perhaps by turmoil you presume the unrest of man in regard to his household or neighbour, they replied: Yes. He ('Umar) observed: Such (an unrest) would be done away with by prayer, fasting and charity. But who amongst you has heard from the Apostle (may peace be upon him) describing that turmoil which would come like the wave of the ocean. Hudhaifa said: The people hushed into silence, I replied: It is I. He ('Umar) said: Ye, well, your father was also very pious. Hudhaifa said: I heard the Messenger of Allah (may peace be, upon him ) observing: Temptations will be presented to men's hearts as reed mat is woven stick by stick and any heart which is impregnated by them will have a black mark put into it, but any heart which rejects them will have a white mark put in it. The result is that there will become two types of hearts: one white like a white stone which will not be harmed by any turmoil or temptation, so long as the heavens and the earth endure; and the other black and dust-coloured like a vessel which is upset, not recognizing what is good or rejecting what is abominable, but being impregnated with passion. Hudhaifa said: I narrated to him ('Umar): There is between you and that (turmoil) a closed door, but there is every likelihood of its being broken. 'Umar said: Would it be broken? You have, been rendered fatherless. Had it been opened, it would have been perhaps closed also. I said: No, it would be broken, and I narrated to him: Verily that door implies a person who would be killed or die. There is no mistake in this hadith. Abu Khalid narrated: I said to Sa'd, O Abu Malik, what do you mean by the term" Aswad Murbadda"? He replied: High degree of whiteness in blackness. I said: What is meant by" Alkoozu Mujakhiyyan"? He replied: A vessel turned upside down.
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Yahya related to me from Malik from Ibn Shihab from Malik ibn Aus ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, "Talha ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand, and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' Umar ibn al-Khattab was listening and Umar said, 'By Allah! Do not leave him until you have taken it from him!' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, "Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." "' Malik said, "When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand.' and Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."
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