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 verse "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land...most merciful" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.

That the Prophet said to her, "Gabriel sends Salam (greetings) to you." She replied, "Wa 'alaihi-s- Salam Wa Rahmatu-l-lah." (Peace and Allah's Mercy be on him).

[Muslim].

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

When the Prophet distribute the war booty of Hunain, a man from the Ansar said, "He (i.e. the Prophet), did not intend to please Allah in this distribution." So I came to the Prophet and informed him of that (statement) whereupon the color of his face changed and he said, "May Allah bestow His Mercy on Moses, for he was troubled with more than this, but he remained patient."

The Messenger of Allah (saws) sent out an expedition. They were affected by cold. When they returned to the Messenger of Allah (saws), he commanded them to wipe over turbans and stockings.

I heard the Prophet saying, "If there is any healing in your medicines, then it is in cupping, a gulp of honey or branding with fire (cauterization) that suits the ailment, but I don't like to be (cauterized) branded with fire."

The Messenger of Allah (saws) said: By his good character a believer will attain the degree of one who prays during the night and fasts during the day.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

That the Messenger of Allah (saws) said: "To go out in the cause of Allah in the morning, or the afternoon, is better than the world and what is in it. And the space that a bow of one of you - or the space that his hand - would occupy in Paradise is better than the world and what is in it. And if a woman among the women inhabiting Paradise were to appear to the people of the earth, then she would illuminate what is between the ( the heavens and the earth), and a pleasant scent would fill up what is between them, and the scarf on her head is better than the world and what is in it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

I asked Jabir bin `Abdullah about praying in a single garment. He said, "I traveled with the Prophet during some of his journeys, and I came to him at night for some purpose and I found him praying. At that time, I was wearing a single garment with which I covered my shoulders and prayed by his side. When he finished the prayer, he asked, 'O Jabir! What has brought you here?' I told him what I wanted. When I finished, he asked, 'O Jabir! What is this garment which I have seen and with which you covered your shoulders?' I replied, 'It is a (tight) garment.' He said, 'If the garment is large enough, wrap it round the body (covering the shoulders) and if it is tight (too short) then use it as an Izar (tie it around your waist only.)' "

Yahya related to me from Malik from Yahya ibn Said that a man greeted Abdullah ibn Umar. He said, "Peace be upon you and the mercy of Allah and his barakat, on and on." Abdullah ibn Umar said to him, "And on you, a thousand times," as if he disliked that.

The Prophet said, "Whoever eats garlic or onion should keep away from our mosque or should remain in his house." (Jabir bin `Abdullah, in another narration said, "Once a big pot containing cooked vegetables was brought. On finding unpleasant smell coming from it, the Prophet asked, 'What is in it?' He was told all the names of the vegetables that were in it. The Prophet ordered that it should be brought near to some of his companions who were with him. When the Prophet saw it he disliked to eat it and said, 'Eat. (I don't eat) for I converse with those whom you don't converse with (i.e. the angels).

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

Once Allah's Apostle divided and distributed (the war booty). An Ansar man said, "By Allah ! Muhammad, by this distribution, did not intend to please Allah." So I came to Allah's Apostle and informed him about it whereupon his face became changed with anger and he said, "May Allah bestow His Mercy on Moses for he was hurt with more than this, yet he remained patient."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

The Messenger of Allah (saws) commanded to estimate vines (for collecting zakat) as palm-trees are estimated. The zakat is to be paid in raisins as the zakat on palm trees is paid in dried dates.

There was a bedouin called AbuTha'labah. He said: Messenger of Allah, I have trained dogs, so tell me your opinion about (eating) the animal they hunt. The Prophet (saws) said: If you have trained dogs, then eat what they catch for you. He asked: Whether it is slaughtered or not? He replied: Yes. He asked: Does it apply even if it eats any of it? He replied: Even if it eats any of it. He again asked: Messenger of Allah, tell me your opinion about my bow (i.e. the game hunted by arrow). He said: Eat what your bow returns to you, whether it is slaughtered or not. He asked: If it goes out of my sight? He replied: Even if it goes out of your sight, provided it has no stench, or you find a mark on it other than the mark of your arrow.

He asked: Tell me about the use of the vessels of the Magians when we are forced to use them. He replied: Wash them and eat in them.

A man came to the Prophet (saws) and said: Peace be upon you! He responded to his salutation. He then sat down. The Prophet (saws) said: Ten. Another man came and said: Peace and Allah's mercy be upon you! He responded to his salutation when he sat down. He said: Twenty. Another man came and said: Peace and Allah's mercy and blessings be upon you! He responded to him and said when he sat down: and blessings be upon you! He responded to him and said when he sat down: Thirty.

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, "Allah guarantees either the Garden or a safe return to his home with whatever he has obtained of reward or booty, for the one who does jihad in His way, if it is solely jihad and trust in his promise that brings him out of his house."

The Prophet saw expectoration (on the wall of the mosque) in the direction of the Qibla and scraped it off with his hand. It seemed that he disliked it and the sign of disgust was apparent from his face. He said, "If anyone of you stands for the prayer, he is speaking in private to his Lord, (or) his Lord is between him and his Qibla, therefore he should not spit towards his Qibla, but he could spit either on his left or under his foot." Then he took the corner of his sheet and spat in it, folded it and said, "Or do this."

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 ...

Um 'Atiyya said, "One of the daughters of the Prophet died and he came out and said, 'Wash her three or five times or more, if you think it necessary, with water and Sidr, and last of all put camphor (or some camphor) and when you finish, inform me.' " Um Atiyya added, "When we finished we informed him and he gave us his waist-sheet and said, 'Shroud her in it.' " And Um 'Atiyya (in another narration) added, "The Prophet said, 'Wash her three, five or seven times or more, if you think it necessary.' " Hafsa said that Um 'Atiyya had also said, "We entwined her hair into three braids."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Allah's Apostle wanted to write a letter to a group of people or some non-Arabs. It was said to him, "They do not accept any letter unless it is stamped." So the Prophet had a silver ring made for himself, and on it was engraved: 'Muhammad, the Apostle of Allah'. .. as if I am now looking at the glitter of the ring on the finger (or in the palm) of the Prophet .

We were with `Abdullah and he said, "When the Prophet saw the refusal of the people to accept Islam he said, "O Allah! Send (famine) years on them for (seven years) like the seven years (of famine during the time) of (Prophet) Joseph." So famine overtook them for one year and destroyed every kind of life to such an extent that the people started eating hides, carcasses and rotten dead animals. Whenever one of them looked towards the sky, he would (imagine himself to) see smoke because of hunger. So Abu Sufyan went to the Prophet and said, "O Muhammad! You order people to obey Allah and to keep good relations with kith and kin. No doubt the people of your tribe are dying, so please pray to Allah for them." So Allah revealed: "Then watch you For the day that The sky will bring forth a kind Of smoke Plainly visible ... Verily! You will return (to disbelief) On the day when We shall seize You with a mighty grasp. (44.10-16) Ibn Mas`ud added, "Al-Batsha (i.e. grasp) happened in the battle of Badr and no doubt smoke, Al-Batsha, Al-Lizam, and the verse of Surat Ar-Rum have all passed .

Ibn 'Umar reported that Allah's Messenger (may peace be upon him) sent an expedition to Najd and Ibn Umar was also among the troops, and their share (of the spoils) came to twelve camels and they were given one camel over and above that. and Allah's Messenger (may peace be upon him) did not make any change in it.

On the day of Badr, Al-Miqdad said, "O Allah's Apostle! We do not say to you as the children of Israel said to Moses, 'Go you and your Lord and fight you two; we are sitting here, (5.24) but (we say). "Proceed, and we are with you." That seemed to delight Allah's Apostle greatly.

Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.

Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."

Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."

Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.

It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.

The Prophet said to the Ansar, "After me you will see others given preference to you; so be patient till you meet me, and your promised place (of meeting) will be the Tank (i.e. Lake of Kauthar).

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."