Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

I heard Ka`b bin Malik at the time he remained behind and did not join (the battle of) Tabuk, saying, "By Allah, no blessing has Allah bestowed upon me, besides my guidance to Islam, better than that of helping me speak the truth to Allah's Apostle otherwise I would have told the Prophet a lie and would have been ruined like those who had told a lie when the Divine Inspiration was revealed:-- "They will swear by Allah to you (Muslims) when you return to them.. the rebellious people." (9.95-96)

I heard Ka`b bin Malik talking after his failure to join (the Ghazwa of) Tabuk. He said, "When I greeted Allah's Apostle whose face was glittering with happiness, for whenever Allah's Apostle was happy, his face used to glitter, as if it was a piece of the moon, and we used to recognize it (i.e. his happiness) from his face."

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.

Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values."

The Messenger of Allah (saws) sent us in a detachment and said (to us): If you see a mosque or hear a mu'adhdhin (calling to prayer), do not kill anyone.

Whenever the Prophet intended to sleep while he was Junub, he used to wash his private parts and perform ablution like that for the prayer.

The Prophet said, "If a woman gives something (i.e. in charity) from her husband's earnings without his permission, she will get half his reward."

Ibn 'Umar (Allah be pleased with them) reported that they were beaten during the lifetime of Allah's Messenger (may peace be upon him) if they had bought foodgrains in bulk and then sold them in the spot without shifting them (to some other place).

A man came to the Prophet and said, "I am often betrayed in bargaining." The Prophet advised him, "When you buy something, say (to the seller), 'No deception." The man used to say so afterwards.

Allah's Apostle said, "If Allah makes us victorious, our encamping place will be Al-Khaif, the place where the infidels took an oath to be loyal to Heathenism (by boycotting Banu Hashim, the Prophet's folk).

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...

He asked: What are they, Ibn Jurayj? He replied: I saw you touching only the two Yamani corners; and I saw you wearing shoes having no hair; I saw you dyeing in yellow colour; and I saw you wearing ihram on the eighth of Dhul-Hijjah, whereas the people had worn ihram when they sighted the moon.

Abdullah ibn Umar replied: As regards the corners, I have not seen the Messenger of Allah (saws) touching anything (in the Ka'bah) but the two Yamani corners. As for the tanned leather shoes, I have seen the Messenger of Allah (saws) wearing tanned leather shoes, and he would wear them after ablution. Therefore I like to wear them. As regards wearing yellow, I have seen the Messenger of Allah (saws) wearing yellow, so I like to wear with it. As regards shouting the talbiyah, I have seen the Messenger of Allah (saws) raising his voice in talbiyah when his she-camel stood up with him on its back.

The Prophet (saws) said: If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him.

Abu Dawud said: And there is a similar tradition of Umar ibn AbuSalamah, from his father, on the authority of AbuHurayrah, from the Prophet (saws): If he drinks wine, flog him if he does it so again, a fourth time, kill him.

Abu Dawud said: And there is similar tradition of Suhail from Abu Salih on the authority of Abu Hurairah, from the Prophet (saws): It they drink a fourth time, kill them. And there is similar tradition of Ibn Abi Nu'm on the authority of Ibn 'Umar from Prophet (saws). There is also similar tradition of 'Abd Allah b. 'Amr from the Prophet (saws), and from Sharid from the Prophet (saws). And in the tradition of al-Jadli from Mu'awiyah, the Prophet (saws) said: If he does so again third or fourth time, kill him.

'Ubai bin Juraij said to `Abdullah Ben `Umar, "I see you doing four things which are not done by your friends." Ibn `Umar said, "What are they, O Ibn Juraij?" He said, "I see that you do not touch except the two Yemenite corners of the Ka`ba (while performing the Tawaf): and I see you wearing the Sabtiyya shoes; and I see you dyeing (your hair) with Sufra; and I see that when you are in Mecca, the people assume the state of Ihram on seeing the crescent (on the first day of Dhul-Hijja) while you do not assume the state of Ihram till the Day of Tarwiya (8th Dhul Hijja)." `Abdullah bin `Umar said to him, "As for the corners of the Ka`ba, I have not seen Allah's Apostle touching except the two Yemenite corners, As for the Sabtiyya shoes, I saw Allah's Apostle wearing leather shoes that had no hair, and he used to perform the ablution while wearing them. Therefore, I like to wear such shoes. As regards dyeing with Sufra, I saw Allah's Apostle dyeing his hair with it, so I like to dye (my hair) with it. As regards the crescent (of Dhul-Hijja), I have not seen Allah's Apostle assuming the state of Ihram till his she-camel set out (on the 8th of Dhul-Hijja).

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar- Rahman, I have seen you doing four things which I have never seen any of your companions doing." He said, "What are they, Ibn Jurayj?" and he replied, "I have seen you touching only the twoYamani corners, I have seen you wearing hairless sandals, I have seen you using yellow dye, and, when you were at Makka and everybody had started doing talbiya after seeing the new moon, I saw that you did not do so until the eighth of Dhu'l-Hijja."

Abdullah ibn Umar replied, "As for the corners, I only ever saw the Messenger of Allah, may Allah bless him and grant him peace, touching the two Yamani corners. As for the sandals, I saw the Messenger of Allah, may Allah bless him and grant him peace, wearing hairless sandals and doing wudu in them, and I like wearing them. As for using yellow dye, I saw the Messenger of Allah, may Allah bless him and grant him peace, using it, and I also like to use it for dyeing things with. As for doing talbiya, I never saw the Messenger of Allah, may Allah bless him and grant him peace, begin doing so until he had set out on the animal he was riding on (i.e. for Mina and Arafa)."

When the Prophet (saws) feared a (group of) people, he would say: "O Allah, we make Thee our shield against them, and take refuge in Thee from their evils."

Ibn Abbas recited this verse: 'It is no sin for you that you seek the bounty of your Lord', and said: The people would not trade in Mina (during the hajj), so they were commanded to trade when they proceeded from Arafat.

Whenever Ibn `Umar was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves."

Whenever Allah's Apostle went to bed, he used to blow on his hands while reciting the Mu'auwidhat ( i.e. Suratal-Falaq 113 and Surat-an-Nas 114) and then pass his hands over his body.

Allah's Apostle said, "Allah says, 'I have nothing to give but Paradise as a reward to my believer slave, who, if I cause his dear friend (or relative) to die, remains patient (and hopes for Allah's Reward).