Muwatta Malik (Qasim)

Takhrij al-Hadith: [وأخرجه مسلم 1579، من حديث ما لك به]
Jurisprudential Points:
➊ Selling alcohol is forbidden, and likewise, selling anything that is forbidden is also prohibited, except in the case where there is a specific evidence regarding a particular thing, such as the buying and selling of donkeys, which is lawful and permissible. A venerable Companion (radi Allahu anhu) used to come on foot from afar to pray in the Prophet’s Mosque. He was told: If you buy a donkey (for riding), you could come riding it during dark nights and intense heat. He replied: I wish that my walking steps be recorded in my book of deeds. So the Messenger of Allah (sallallahu alayhi wa sallam) said: Allah has written all of that for you (in your book of deeds). [صحيح مسلم : 663 تر قيم دار السلام : 1514]
● It is thus understood that buying and selling donkeys is permissible.
➋ Whoever commits a mistake due to lack of knowledge is excused, but two things must always be kept in mind:
① When knowledge is attained, one should immediately retract.
② One should always remain in pursuit of knowledge and investigation.
➌ Whispering (private conversation) is permissible in times of need, provided there are three or more people present.
➍ The zeal of the Companions (radi Allahu anhum) for following the Prophet (sallallahu alayhi wa sallam) is such that as soon as this Companion learned the ruling, he poured away all the alcohol. Radi Allahu anhu
➎ It is not permissible to make vinegar from alcohol.
➏ Just as the Qur’an is a proof (hujjah), so too is the hadith.
➐ It is not permissible to accept a gift of something forbidden.
➑ In case of necessity, it is permissible to ask the one whispering what they were talking about.

Hadith Commentary: Benefits and Issues: ➊ The Messenger of Allah (sallallahu alayhi wa sallam) and the Rightly Guided Caliphs (radi Allahu anhum ajma'in) would not perform the emphasized Sunnah (sunan mu’akkadah) prayers during travel along with the obligatory prayers, except for the Sunnahs of Fajr (morning prayer). Similarly, they would also perform Witr. And they would perform general voluntary prayers (nawafil) while sitting on their mounts. Therefore, according to Imam Malik rahimahullah, Imam Shafi’i rahimahullah, and Imam Ahmad rahimahullah, the ruling of the emphasized Sunnah (sunan mu’akkadah) during travel will be like that of voluntary prayers (nawafil). They may be performed as voluntary prayers. Hafiz Ibn Qayyim rahimahullah has narrated from Hasan al-Basri rahimahullah that the companions of the Messenger of Allah (sallallahu alayhi wa sallam) used to perform voluntary prayers before and after the obligatory prayers during travel. (Zad al-Ma’ad, published by Ihya al-Turath al-Islami: vol., p. 456)

➋ ‘Uthman (radi Allahu ta’ala anhu) would perform shortened prayers (qasr) during travel at all places except Mina. Therefore, Ibn ‘Umar (radi Allahu ta’ala anhuma) said that ‘Uthman (radi Allahu ta’ala anhu) did not perform more than two units (rak‘at) of obligatory prayer during travel until the end of his life.

➌ According to the Hanafis, a traveler should not perform the emphasized Sunnah (sunan mu’akkadah) during travel, but should perform them while in residence.