The Prophet (saws) entered (Makkah) during they year of the Conquest, and upon his head was a helmet (Mighfar). It was said to him: 'Ibn Khatal is clinging to the covering of the Ka'bah.' So he said: 'Kill him.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. We do knot know of anyone important who reported it other than Malik from Az-Zuhri.

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .

Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams."

Malik said, "This is what is done in our community."

Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation."

Yahya related to me from Malik from his uncle Abu Suhayl ibn Malik that his father said, "I used to see a carpet belonging to Aqil ibn Abi Talib spread out on the day of jumua up to the west wall of the mosque. When the shadow of the wall covered the whole carpet, Umar ibn al-Khattab would come out and pray the jumua prayer."

Malik, Abu Suhayl's father, added, "We would then return after the jumua prayer and take our midday sleep."

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid."

Malik said, "This is my opinion as well."

Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid."

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on ...

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."

Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.

Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."

Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."

Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Kab al-Ahbar said to a man who took off his sandals, "Why have you taken off your sandals? Perhaps you have interpreted this ayat, 'Remove your sandals. You are in the pure valley of Tuwa?' (Sura 20 ayat 12) Do you know what the sandals of Musa were?"

Malik (the father of Abu Suhayl) said, "I do not know what the man answered." Kab said, "They were made from the skin of a dead donkey."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "The good dream of a man who is salih is a forty-sixth part of prophecy."

Yahya related the like of that to me from Malik from Abu'z-Zinad from al- Araj from Abu Hurayra from the Messenger of Allah, may Allah bless him and grant him peace.

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

On the day of the Conquest, the Prophet entered Mecca, wearing a helmet on his head. When he took it off, a man came and said, "Ibn Khatal is clinging to the curtain of the Ka`ba." The Prophet said, "Kill him." (Malik a sub-narrator said, "On that day the Prophet was not in a state of Ihram as it appeared to us, and Allah knows better.")

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "A virgin has seven nights, and a woman who has been previously married has three nights."

Malik affirmed, "That is what is done among us."

Malik added, "If the man has another wife, he divides his time equally between them after the wedding nights. He does not count the wedding nights against the one he has just married."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not ...

Yahya related to me from Malik that he had heard people of knowledge say, "When a woman dies and there are no women with her to wash her and no man who has the right by blood ties to take charge of that for her and no husband to take charge of it for her, she should be purified by tayammum ,that is, by wiping her face and hands with earth."

Malik said, "When a man dies and there are only women with him, they also should purify him with earth ."

Malik said, "There is no particular way with us for washing the dead nor any recognised way to do it. They are just washed and purified."

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.

Malik said, "One does not act on this."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to shorten the prayer when he travelled a distance equivalent to that between Makka and Ta'if, and that between Makka and Usfan and that between Makka and Jedda.

Malik said, "That is four mail-stages, and to me that is the most preferable distance for shortening the prayer."

Malik said, "Someone who intends to travel does not shorten the prayer until he has left the houses of the village. And he does not do it in full until he comes to the first houses of the village, or is nearby."

Yahya related to me from Malik from Yahya ibn Said that Abu Murra, the mawla of Aqil ibn Abi Talib asked Abu Hurayra about a sheep which was slaughtered and then part of it moved. He ordered him to eat it. Then he asked Zayd ibn Thabit about it, and he said, "Does a corpse move?" and he forbade eating its meat.

Malik was asked about a sheep which fell down and injured itself badly and then its master reached it and slaughtered it. Blood flowed from it but it did not move. Malik said, "If he kills it and blood flows from it and its eyes blink, he should eat it."

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

Yahya related to me from Malik from Ibn Shihab that Anas ibn Malik said, "We would pray asr and anyone who then went to Quba would arrive there while the sun was still high."

Yahya related to me from Malik that he asked Ibn Shihab about a pregnant woman who noticed bleeding. Ibn Shihab replied, "She refrains from prayer."

Yahya said that Malik said, "That is what is done in our community."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that az-Zubayr ibn al-Awwam used to take dried gazelle meat (safif adh-dhiba) as provisions while he was in ihram.

Malik said, "Safif are dried strips of meat."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

Allah's Apostle used to like sweets and also used to like honey, and whenever he finished the `Asr prayer, he used to visit his wives and stay with them. Once he visited Hafsa and remained with her longer than the period he used to stay, so I enquired about it. It was said to me, "A woman from her tribe gave her a leather skin containing honey as a present, and she gave some of it to Allah's Apostle to drink." I said, "By Allah, we will play a trick on him." So I mentioned the story to Sauda (the wife of the Prophet) and said to her, "When he enters upon you, he will come near to you whereupon you should say to him, 'O Allah's Apostle! Have you eaten Maghafir?' He will say, 'No.' Then you say to him, 'What is this bad smell? ' And it would be very hard on Allah's Apostle that a bad smell should be found on his body. He will say, 'Hafsa has given me a drink of honey.' Then you should say to him, 'Its bees must have sucked from the Al-`Urfut (a foul smelling flower).' I too, will tell him the same. And you, O Saifya, say the same." So when the Prophet entered upon Sauda (the following happened). Sauda said, "By Him except Whom none has the right to be worshipped, I was about to say to him what you had told me to say while he was still at the gate because of fear from you. But when Allah 's Apostle came near to me, I said to him, 'O Allah's Apostle! Have you eaten Maghafir?' He replied, 'No.' I said, 'What about this smell?' He said, 'Hafsa has given me a drink of honey.' I said, 'Its bees must have sucked Al-`Urfut.' " When he entered upon me, I told him the same as that, and when he entered upon Safiya, she too told him the same. So when he visited Hafsa again, she said to him, "O Allah's Apostle! Shall I give you a drink of it (honey)?" He said, "I have no desire for it." Sauda said, Subhan Allah! We have deprived him of it (honey)." I said to her, "Be quiet!"

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

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."

In the last part of his narration about the three who remained behind (from the battle of Tabuk). (I said) "As a proof of my true repentance (for not joining the Holy battle of Tabuk), I shall give up all my property for the sake of Allah and His Apostle (as an expiation for that sin)." The Prophet said (to me), "Keep some of your wealth, for that is better for you."

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used tocome to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat on your livestock and bring it to me,' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, "The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."

Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam once asked Said ibn al-Musayyab about (what to do with) a nail of his that had broken while he was in ihram and Said said, "cut it off."

Malik was asked whether some one in ihram who had an ear-complaint could use medicinal oil which was not perfumed for dropping into his ears, and he said, "I do not see any harm in that, and even if he were to put it into his mouth I still would not see any harm in it."

Malik said that there was no harm in some one in ihram lancing an abscess that he had, or a boil, or cutting a vein, if he needed to do so.

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

Malik said, "That is what I saw the people of knowledge in our city doing."

Yahya related to me from Malik that Ibn Shihab used to say, "Wudu is necessary if a man kisses his wife." Nafi said that Malik said, "That is what I like most out of what I have heard."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his uncle's father said, "I recognise nothing nowadays of what I saw the people (i.e. the companions of the Messenger, may Allah bless him and grant him peace ) doing except the call to prayer."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father said, "We heard the recitation of Umar ibn al-Khattab when we were at the home of Abu Jahmin al-Balat." (Al-Balat was a place in Madina between the mosque and the market.)

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

Malik related to me from his paternal uncle Abu Suhayl ibn Malik from his father that Abu Hurayra said, "Do you think that it is red like this fire of yours? It is blacker than tar."

ahya related to me from Malik that he had heard that AIi ibn Abi Talib used to rest his head on graves and lie on them.

Malik said, "As far as we can see ,it is only forbidden to sit on graves to relieve oneself."

The narrator al-Nufaili said : Malik narrated us.

Abu Dawud said : The narrators al-Nufail and al_Qa’nabi did not mention the words “from his father”.

Ibn Wahb and ‘Uthman bin ‘Umr narrated from Malik the same words as narrated by al-Qa’nabi (i.e. omitted the words “from his father”).

Yahya related to me from Malik from Nafi that she saw Safiyya bint Abi Ubayd, the wife of Abdullah ibn 'Umar, take off her head- covering and wipe her head with water. Nafi was a child at the time.

Malik was asked about a man who did wudu but forgot to wipe his head until the water had dried. He said, "I consider that he should wipe his head and then repeat the prayer if he has already performed it."

Malik was asked about a man who did wudu but forgot to wipe his head until the water had dried. He said, "I consider that he should wipe his head and then repeat the prayer if he has already performed it."

Yahya related to me from Malik, from Hisham ibn 'Urwa, that his father would stop saying the talbiya when he entered the Haram, if he was doing 'umra.

Malik said that someone who went into ihram at at-Tanim should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of Madina, or elsewhere, who had begun doing umra at one of the mawaqit, should stop saying the talbiya, and he said, "Someone who goes into ihram at one of the mawaqit should stop saying the talbiya when he arrives at the Haram."

Malik added, "I have heard that Abdullah ibn Umar used to do that."

Yahya related to me from Malik that he asked Abd ar-Rahman ibn Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied, "From wherever it was possible."

Yahya said that Malik was asked whether some one else could throw the stones for a child or a sick man and he said, "Yes, and a sick man should inquire as to when the stones will be thrown for him and then say the takbir while he is in the place where he is staying, bleeding. If a sick man regains his health during the days of tashriq, he should stone whatever stoning has been done for him and he must offer a sacrificial animal."

Malik said, "I do not consider that someone who stones the jamras or does say between Safa and Marwa without being in wudu has to repeat anything, but he should not make a general practice of it."

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

Malik said, "I heard that al-Qasim ibn Muhammad used to say, 'I have seen the people, (i.e. the companions), and they were not impressed by speech.' " Malik said, "He meant that only action and deeds would be looked at, not words."

Yahya related to me from Malik from Ibn Shihab that Sad ibn Abi Waqqas used to pray witr after isha with one raka.

Malik said, "This is not the situation with us. Rather three is the minimum for witr."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Abu Hurayra said, "When Ramadan comes the gates of the Garden are opened and the gates of the Fire are locked, and the shayatin are chained."

Yahya related to me from Malik that he asked Ibn Shihab about making a condition in the hajj that one could leave ihram at any place where an obstacle befell one and he said, "Does anyone do that?' and disapproved of it.

Malik was asked whether a man could cut plants from the Haram for his mount, and he said, "No."