Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

While I was walking with Ibn `Umar holding his hand, a man came in front of us and asked, "What have you heard from Allah's Apostle about An-Najwa?" Ibn `Umar said, "I heard Allah's Apostle saying, 'Allah will bring a believer near Him and shelter him with His Screen and ask him: Did you commit such-and-such sins? He will say: Yes, my Lord. Allah will keep on asking him till he will confess all his sins and will think that he is ruined. Allah will say: 'I did screen your sins in the world and I forgive them for you today', and then he will be given the book of his good deeds. Regarding infidels and hypocrites (their evil acts will be exposed publicly) and the witnesses will say: These are the people who lied against their Lord. Behold! The Curse of Allah is upon the wrongdoers." (11.18)

That he heard the Prophet saying, "The best of the Ansar, or the best of the Ansar families (homes) are Banu An-Najjar, Bani `Abdul Ash-hal, Banu Al-Harith and Banu Sai'da."

The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid the beloved one to Allah's Apostle ." When Usama spoke about that to Allah's Apostle Allah's Apostle said, (to him), "Do you try to intercede for somebody in a case connected with Allah's Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you, was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, if Fatima, the daughter of Muhammad stole, I would cut off her hand."

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."

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

I heard Al-Maghira bin Shu`ba narrating that `Umar had consulted them about the case of abortion (similarly as narrated in No. 42).

I asked Aba Salama bin `Abdur-Rahman about the first Sura revealed of the Qur'an. He replied "O you, wrapped-up (i.e. Al Muddaththir)." I said, "They say it was, 'Read, in the Name of your Lord Who created,' (i.e. Surat Al-`Alaq (the Clot)." On that, Abu Salama said, "I asked Jabir bin `Abdullah about that, saying the same as you have said, whereupon he said, 'I will not tell you except what Allah's Apostle had told us. Allah's Apostle said, "I was in seclusion in the cave of Hiram', and after I completed the limited period of my seclusion. I came down (from the cave) and heard a voice calling me. I looked to my right, but saw nothing. Then I looked up and saw something. So I went to Khadija (the Prophet's wife) and told her to wrap me up and pour cold water on me. So they wrapped me up and poured cold water on me." Then, 'O you, (Muhammad) wrapped up! Arise and warn,' (Surat Al Muddaththir) was revealed." (74.1)

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Um Habiba and Um Salama mentioned about a church they had seen in Ethiopia in which there were pictures. They told the Prophet about it, on which he said, "If any religious man dies amongst those people they would build a place of worship at his grave and make these pictures in it. They will be the worst creature in the sight of Allah on the Day of Resurrection."

Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."

I heard Sulaiman bin Yasar talking about the clothes soiled with semen. He said that `Aisha had said, "I used to wash it off the clothes of Allah's Apostle and he would go for the prayers while water spots were still visible on them.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

Malik said, "That is the best that I have heard on the matter."

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

I heard Khabbab, who had branded his `Abdomen with seven brands, saying, "Had Allah's Apostle not forbidden us to invoke Allah for death, I would have invoked Allah for death. The companions of Muhammad have left this world without taking anything of their reward in it (i.e., they will have perfect reward in the Hereafter), but we have collected of the worldly wealth what we cannot spend but on earth (i.e. on building houses).

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).

Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

I asked Masruq, `Ata' and Mujahid (about the `Umra of Allah's Apostle). They said, "Allah's Apostle had performed `Umra in Dhi-l-Qa'da before he performed Hajj." I heard Al-Bara' bin `Azib saying, "Allah's Apostle had performed `Umra in Dhi-l-Qa'da twice before he performed Hajj."

I asked Aisha "What about His Statement:-- "Then he (Gabriel) approached And came closer, And was at a distance Of but two bow-lengths Or (even) nearer?" (53.8-9) She replied, "It was Gabriel who used to come to the Prophet in the figure of a man, but on that occasion, he came in his actual and real figure and (he was so huge) that he covered the whole horizon."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Yahya related to me from Malik from Yahya ibn Muhammad ibn Talhafrom Uthman ibn Abd ar-Rahman that his father related to him that he had heard that Umar ibn al-Khattab used to wash what was beneath his waist wrapper with water.

Yahya said that Malik was asked what a man should do if, when he did wudu, he forgot and washed his face before he had rinsed his mouth, or washed his forearms before he had washed his face. He said, "If someone washes his face before rinsing his mouth, he should rinse his mouth and not wash his face again. If someone washes his forearms before his face, however, he should wash his forearms again so that he has washed them after his face. This is if he is still near the place (of wudu)."

Yahya said that Malik was asked about what a man should do if he had forgotten to rinse his mouth and nose until he had prayed, and he said, "He does not have to repeat the prayer, but should rinse his mouth and nose if he wishes to do any more prayers after that."

When a woman went out in the time of the Prophet (saws) for prayer, a man attacked her and overpowered (raped) her.

She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Messenger of Allah (saws).

When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her.

He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.

He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.

Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

We were one-hundred and thirty persons accompanying the Prophet who asked us whether anyone of us had food. There was a man who had about a Sa of wheat which was mixed with water then. A very tall pagan came driving sheep. The Prophet asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet bought a sheep and it was slaughtered. The Prophet ordered that its liver and other Abdominal organs be roasted. By Allah, the Prophet gave every person of the one-hundred-and-thirty a piece of that; he gave all those of them who were present; and kept the shares of those who were absent. The Prophet then put its meat in two huge basins and all of them ate to their fill, and even then more food was left in the two basins which were carried on the camel (or said something like it).