Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."

Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."

Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."

Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."

Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."

Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."

Abu Dawud said: This incident has also been narrated by al-'Awza'i on the authority of Hassan b. 'Atiyyah. This version has the words: Then he performed tayammum.

The tradition mentioned above (No. 2468) has also been transmitted by Abdullah ibn Budayl through a different chain of narrators in a similar way.

This version adds: While he (Umar) was observing i'tikaf (in the sacred mosque), the people uttered (loudly): "Allah is most great." He said: What is this, Abdullah? He said: These are the captives of the Hawazin whom the Messenger of Allah (saws) has set free. He said: This slave-girl too? He sent her along with them.

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

The Prophet said to Ubai, "Allah has ordered me to recite to you: 'Those who disbelieve (Surat-al- Bayina 98).' " Ubai said, "Has He mentioned my name?" The Prophet said, "Yes." On hearing this, Ubai started weeping.

The Messenger of Allah (saws) forbade muhaqalah and muzabanah. Those who cultivate land are three: a man who has (his own) land and he tills it: a man who has been lent land and he tills the one lent to him; a man who employs another man to till land against gold (dinars) or silver (dirhams).

When the Prophet of Allah (saws) saw the new moon, he said: "a new moon of good and right guidance; a new moon of good and right guidance; a new moon of good and right guidance. I believe in Him Who created you" three times. He would then say: "Praise be to Allah Who has made such and such a month to pass and has brought such and such a month."

Allah's Apostle said, "Do not wish to be like anybody except in two cases: The case of a man whom Allah has given wealth and he spends it in the right way, and that of a man whom Allah has given religious wisdom (i.e., Qur'an and Sunna) and he gives his verdicts according to it and teaches it." (to others i.e., religious knowledge of Qur'an and Sunna (Prophet's Traditions)). "

Allah's Apostle said, "Whoever manumits his share of a slave, then it is essential for him to get that slave manumitted' completely as long as he has the money to do so. If he has not sufficient money to pay the price of the other shares (after the price of the slave is evaluated justly), the manumitted manumits the slave partially in proportion to his share.

`Ubaidullah narrated as above in brief.

Respond three times to your brother when he sneezes, and if he sneezes more often, he has a cold in his head.

Abu Dawud said: This tradition has also been transmitted by al-Ansari, from Ibn-Juraij. He said: Ja'far b. 'Umar and 'Amr b. Hayyah. He said: They transmitted from 'Abd al-Rahman b. 'Awf and from the Companions of the Prophet (saws).

The Prophet (saws) said: When a mukatab (a slave who has made an agreement to purchase his freedom) gifts blood-money or an inheritance, he can inherit in accordance with the extent to which he has been emancipated.

Abu Dawud said: Wuhaib transmitted it from Ayyub, from 'Ikrimah, on the authority of 'Ali, from the Prophet (saws): and Hammad b. Zaid and Isma'il have transmitted it in a mursal form (i.e the link of the Companion being missing) from Ayyub, from 'Ikrimah, from the Prophet (saws). Isma'il b. 'Ulayyah has treated it as a statement of 'Ikrimah.

Abu Dawud said : This tradition has been narrated by al-Thawri, Sulaiman bin Bilal, and Hammad bin Salamah on the authority of Rabi ‘ ah in a similar manner. They did not mention the word “take it”.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."

Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."

Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "

Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."

Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."

He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab prayed two rakas with the people of Makka, and then, when he had finished, he said, "People of Makka, complete your prayer, becausewe are a group of travellers." Later, Umar prayed two rakas with them at Mina, but we have not heard that he said anything to them on that occasion.

Malik was asked whether the people of Makka should pray two rakas at Arafa or four, and whether the amir of the hajj, if he was a Makkan, should pray dhuhr and asr with four rakas or two, and also how the people of Makka who were living (at Mina) should pray, and he said, "The people of Makka should pray only two rakas at Arafa and Mina for as long as they stay there, and should shorten the prayer until they return to Makka. The amir of the hajj, if he is a Makkan, should also shorten the prayer at Arafa and during the days of Mina. Anyone who is living at Mina as a resident should do the full prayer at Mina, and similarly anyone who lives at Arafa and is a resident there should do the full prayer at Arafa."

There was a leather or wood container full of water in front of Allah's Apostle (at the time of his death). He would put his hand into the water and rub his face with it, saying, "None has the right to be worshipped but Allah! No doubt, death has its stupors." Then he raised his hand and started saying, "(O Allah!) with the highest companions." (See Qur'an 4:69) (and kept on saying it) till he expired and his hand dropped."

The Prophet (saws) said: He who has hair should honour it.

Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."

Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."

He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."

The Messenger of Allah (saws) led one section in one rak'ah of prayer and the other section was facing the enemy. Then they turned away and took the position of the other section. They (the other section) came and he (the Prophet) led them in the second rak'ah. He then uttered the salutation. Thereafter they stood up and completed the remaining rak'ah, they went away and the other section completed their remaining rak'ah.

Abu Dawud said: This tradition has been narrated by Nafi' and Khalid b. Ma'dan from Ibn 'Umar in like manner from the Prophet (saws). This has also been transmitted similarly by Masruq ad Yusuf b. Mihran on the authority of Ibn 'Abbas. This has been narrated by Yunus from al-Hasan from Abu Musa something similarly, saying that Abu Musa has done so.

The aforesaid tradition has also been transmitted by Ibn Ishaq through a different chain of narrators. This version has the traditional word “a menstrual course” in the phrase “till she is free from a menstrual course”. This is a misunderstanding on the part of the narrator Abu Mu’awiyah. This is correct in the tradition of Abu Sa’id Al Khudri. This version has the additional words “he who believes in Allaah and the Last Day should not ride on a mount belonging to the spoil of Muslims and when he makes it emaciated returns it; he who believes in Allaah and the Last Day should not put on cloth belonging to the spoils of Muslims and when makes it old (shabby) returns it.

Abu Dawud said “The word “menstrual course” is not guarded. This is a misunderstanding on the part of Abu Mu’awiyah”

That the Prophet came to her in a state of fear saying, "None has the right to be worshiped but Allah! Woe to the Arabs because of evil that has come near. Today a hole has been made in the wall of Gog and Magog as large as this." pointing with two of his fingers making a circle. Zainab said, "I said, 'O Allah's Apostle! Shall we be destroyed though amongst us there are pious people? ' He said, 'Yes, if evil increases."

Yahya related to me from Malik from Abdullah ibn Dinar from Abu's-Salih as-Samman that Abu Hurayra used to say, "Anyone who has wealth on which he has not paid zakat will, on the day of rising, find his wealth made to resemble a whiteheaded serpent with a sac of venom in each cheek which will seek him out until it has him in its power, saying, 'I am the wealth that you had hidden away.' "

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The angels ask for blessings on each one of you as long as he is in the place where he has prayed and has not discharged anything. They say, 'Allah, forgive him. Allah have mercy on him.' "

The Prophet (saws) said: A woman gets inheritance from the three following: one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.

Allah's Apostle sent me along with AzZubair and Al-Miqdad and said, "Proceed till you reach a place called Raudat-Khakh where there is a lady travelling in a howda on a camel. She has a letter. Take the letter from her." So we set out, and our horses ran at full pace till we reached Raudat Khakh, and behold, we saw the lady and said (to her), "Take out the letter!" She said, "I have no letter with me." We said, "Either you take out the letter or we will strip you of your clothes." So she took the letter out of her hair braid. We brought the letter to the Prophet and behold, it was addressed by Hatib bin Abi Balta'a to some pagans at Mecca, informing them of some of the affairs of the Prophet. The Prophet said, "What is this, O Hatib?" Hatib replied, "Do not be hasty with me, O Allah's Apostle! I am an Ansari man and do not belong to them (Quraish infidels) while the emigrants who were with you had their relatives who used to protect their families and properties at Mecca. So, to compensate for not having blood relation with them.' I intended to do them some favor so that they might protect my relatives (at Mecca), and I did not do this out of disbelief or an inclination to desert my religion." The Prophet then said (to his companions), "He (Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop his head off?" The Apostle said, "He is one of those who witnessed (fought in) the Battle of Badr, and what do you know, perhaps Allah looked upon the people of Badr (Badr warriors) and said, 'Do what you want as I have forgiven you.' " (`Amr, a sub-narrator, said,: This Verse was revealed about him (Hatib): 'O you who believe! Take not My enemies and your enemies as friends or protectors.' (60.1) Narrated `Ali: Sufyan was asked whether (the Verse): 'Take not My enemies and your enemies...' was revealed in connection with Hatib. Sufyan replied, "This occurs only in the narration of the people. I memorized the Hadith from `Amr, not overlooking even a single letter thereof, and I do not know of anybody who remembered it by heart other than myself."

'Ikrimah (a subnarrator) said: I narrated it to Ibn 'Abbas and Abu Hurairah. They said he spoke the truth.