A Jew crushed the head of a girl between two stones. It was said to her. "Who has done this to you, such-and-such person, such-and-such person?" When the name of the Jew was mentioned, she nodded with her head, agreeing. So the Jew was brought and he confessed. The Prophet ordered that his head be crushed with the stones. (Hammam said, "with two stones.")

A Jew crushed the head of a girl between two stones. The girl was asked who had crushed her head, and some names were mentioned before her, and when the name of the Jew was mentioned, she nodded agreeing. The Jew was captured and when he confessed, the Prophet ordered that his head be crushed between two stones.

Yahya related to me, and I (myself) heard Malik say, "The best that I have heard about some one who has to fast for two consecutive months because of having killed someone by mistake or having pronounced the dhihar form of divorce, becoming very ill and having to break his fast, is that if he recovers from his illness and is strong enough to fast, he must not delay doing so. He continues his fast from where he left off.

Similarly, a woman who has to fast because of having killed some one by mistake should not delay resuming her fast when she has become pure after her period. She continues her fast from where she left off.

No one who, by the Book of Allah, has to fast for two consecutive months may break his fast except for a reason - illness or menstruation. He must not travel and break his fast."

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

`Aisha said that the Prophet said to her "O `Aisha' This is Gabriel and he sends his (greetings) salutations to you." `Aisha said, "Salutations (Greetings) to him, and Allah's Mercy and Blessings be on him," and addressing the Prophet she said, "You see what I don't see."

The Prophet said, "When a woman gives in charity from her house meals in Allah's Cause without spoiling her husband's property, she will get a reward for it, and her husband will also get the reward for his earnings and the storekeeper will get a reward likewise."

Yahya related to me from Malik from Hisham ibn Urwa from Abbad ibn Abdullah ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, told him that she had heard the Messenger of Allah, may Allah bless him and grant him peace, say before he died, while he was leaning on her breast and she was listening to him, "O Allah, forgive me and have mercy on me and join me with the highest company."

The Prophet paid a visit to Um-Sulaim and she placed before him dates and ghee. The Prophet said, "Replace the ghee and dates in their respective containers for I am fasting." Then he stood somewhere in her house and offered an optional prayer and then he invoked good on Um-Sulaim and her family. Then Um-Sulaim said, "O Allah's Apostle! I have a special request (today)." He said, "What is it?" She replied, "(Please invoke for) your servant Anas." So Allah's Apostle did not leave anything good in the world or the Hereafter which he did not invoke (Allah to bestow) on me and said, "O Allah! Give him (i.e. Anas) property and children and bless him." Thus I am one of the richest among the Ansar and my daughter Umaina told me that when Al-Hajjaj came to Basra, more than 120 of my offspring had been buried.

(from the companions of Allah's Apostle) When Suhail bin `Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet agreed to that condition and returned Abu Jandal to his father Suhail bin `Amr. Thenceforward the Prophet returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kulthum bint `Uqba bin Abu Muait who came to Allah's Apostle and she was a young lady then. Her relative came to the Prophet and asked him to return her, but the Prophet did not return her to them for Allah had revealed the following Verse regarding women: "O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)

Ibn `Abbas; said, "Once Lian was mentioned before the Prophet whereupon `Asim bin Adi said something and went away. Then a man from his tribe came to him, complaining that he had found a man with his wife. `Asim said, 'I have not been put to task except for my statement (about Lian).' `Asim took the man to the Prophet and the man told him of the state in which he had found his wife. The man was pale, thin, and of lank hair, while the other man whom he claimed he had seen with his wife, was brown, fat and had much flesh on his calves. The Prophet invoked, saying, 'O Allah! Reveal the truth.' So that lady delivered a child resembling the man whom her husband had mentioned he had found her with. The Prophet then made them carry out Lian." Then a man from that gathering asked Ibn `Abbas, "Was she the same lady regarding which the Prophet had said, 'If I were to stone to death someone without witness, I would have stoned this lady'?" Ibn `Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion by her outright misbehavior. "

The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

Abu Dawud said: This is the view held by Malik b. Anas.

Yahya related to me from Malik that he had heard that Salim ibn Abdullah and Sulayman ibn Yasar were asked whether the husband of a menstruating woman could have sexual intercourse with her when she saw that she was pure but before she had had a ghusl. They said, "No, not until she has had a ghusl."

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, umm al-muminin, used to fast on the day of Arafa .

Al-Qasim said, "I saw her, when the imam began moving away (after sunset) on the afternoon of Arafa, stay where she was until the ground between her and the people became clear. Then she asked for something to drink and broke her fast."

Allah's Apostle addressed the people, and after praising and glorifying Allah, he said, "What do you suggest me regarding those people who are abusing my wife? I have never known anything bad about her." The sub-narrator, `Urwa, said: When `Aisha was told of the slander, she said, "O Allah's Apostle! Will you allow me to go to my parents' home?" He allowed her and sent a slave along with her. An Ansari man said, "Subhanaka! It is not right for us to speak about this. Subhanaka! This is a great lie!"

The Prophet cut off the hand of a lady, and that lady used to come to me, and I used to convey her message to the Prophet and she repented, and her repentance was sincere.

Ibn Az-Zubayr reported on the authority of Umm Habibah that she was the wife of Ibn Jahsh, but he died, He was among those who migrated to Abyssinia. Negus then married her to the Messenger of Allah (saws).

Sauda (the wife of the Prophet) went out to answer the call of nature after it was made obligatory (for all the Muslims ladies) to observe the veil. She had a large frame and everybody who knew her before could recognize her. So `Umar bin Al-Khattab saw her and said, "O Sauda! By Allah, you cannot hide yourself from us, so think of a way by which you should not be recognized on going out. Sauda returned while Allah's Apostle was in my house taking his supper and a bone covered with meat was in his hand. She entered and said, "O Allah's Apostle! I went out to answer the call of nature and `Umar said to me so-and-so." Then Allah inspired him (the Prophet) and when the state of inspiration was over and the bone was still in his hand as he had not put in down, he said (to Sauda), "You (women) have been allowed to go out for your needs."

When the emigrants reached Medina. Allah's Apostle established the bond of fraternity between `Abdur-Rahman and Sa`d bin Ar-Rabi. Sa`d said to `Abdur-Rahman, "I am the richest of all the Ansar, so I want to divide my property (between us), and I have two wives, so see which of the two you like and tell me, so that I may divorce her, and when she finishes her prescribed period (i.e. 'Idda) of divorce, then marry her." `Abdur-Rahman said, "May Allah bless your family and property for you; where is your market?" So they showed him the Qainuqa' market. (He went there and) returned with a profit in the form of dried yogurt and butter. He continued going (to the market) till one day he came, bearing the traces of yellow scent. The Prophet asked, "What is this (scent)?" He replied, "I got married." The Prophet asked, "How much Mahr did you give her?" He replied, "I gave her a datestone of gold or a gold piece equal to the weight of a date-stone." (The narrator, Ibrahim, is in doubt as to which is correct.)

Dawud ibn Salih ibn Dinar at-Tammar quoted his mother as saying that her mistress sent her with some pudding (harisah) to Aisha who was offering prayer. She made a sign to me to place it down. A cat came and ate some of it, but when Aisha finished her prayer, she ate from the place where the cat had eaten. She stated: The Messenger of Allah (saws) said: It is not unclean: it is one of those who go round among you. She added: I saw the Messenger of Allah (saws) performing ablution from the water left over by the cat.

Malik related to me from Abd ar-Rahman ibn Abdullah ibn Abd ar- Rahman ibn Abi Sasaca that Sulayman ibn Yasar said, "The Messenger of Allah, may Allah bless him and grant him peace, entered the house of Maimuna bint al-Harith and there was a lizard in which there were eggs to eat. Abdullah ibn Abbas and Khalid ibn al-Walid were with him. He said, 'From where did you get this?' She replied, 'My sister, Huzayla bint al-Harith, gave it to me.' He then told Abdullah ibn Abbas and Khalid to eat. They said, 'Won't you eat, Messenger of Allah?' He said, 'There are those who visit me from Allah.' Maimuna said, 'Messenger of Allah, shall we give you some milk to drink which we have?' He said, 'Yes.' When he drank, he said, 'From where did you get this?' She said, 'My sister, Huzayla gave it to me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you see your slave-girl whom you asked me for permission to free? Give her to your sister and bring her to your maternal relatives to take care of her. That is better for you.' "

`Umar bin Al-Khattab said, "When Hafsa bint `Umar became a widow after the death of (her husband) Khunais bin Hudhafa As-Sahmi who had been one of the companions of the Prophet, and he died at Medina. I went to `Uthman bin `Affan and presented Hafsa (for marriage) to him. He said, "I will think it over.' I waited for a few days, then he met me and said, 'It seems that it is not possible for me to marry at present.' " `Umar further said, "I met Abu Bakr As-Siddique and said to him, 'If you wish, I will marry my daughter Hafsa to you." Abu Bakr kept quiet and did not say anything to me in reply. I became more angry with him than with `Uthman. I waited for a few days and then Allah's Apostle asked for her hand, and I gave her in marriage to him. Afterwards I met Abu Bakr who said, 'Perhaps you became angry with me when you presented Hafsa to me and I did not give you a reply?' I said, 'Yes.' Abu Bakr said, 'Nothing stopped me to respond to your offer except that I knew that Allah's Apostle had mentioned her, and I never wanted to let out the secret of Allah's Apostle. And if Allah's Apostle had refused her, I would have accepted her.' "

Riders would pass us when we accompanied the Messenger of Allah (saws) while we were in the sacred state (wearing ihram). When they came by us, one of us would let down her outer garment from her head over her face, and when they had passed on, we would uncover our faces.

I came to `Aisha during the solar eclipse. The people were standing (offering prayer) and she too, was standing and offering prayer. I asked, "What is wrong with the people?" She pointed towards the sky with her hand and said, Subhan Allah!'' I asked her, "Is there a sign?" She nodded with her head meaning, yes. When Allah's Apostle finished (the prayer), he glorified and praised Allah and said, "There is not anything that I have not seen before but I have seen now at this place of mine, even Paradise and Hell. It has been revealed to me that you people will be put to trial nearly like the trial of Ad-Dajjal, in your graves. As for the true believer or a Muslim (the sub-narrator is not sure as to which of the two (words Asma' had said) he will say, 'Muhammad came with clear signs from Allah, and we responded to him (accepted his teachings) and believed (what he said)' It will be said (to him) 'Sleep in peace; we have known that you were a true believer who believed with certainty.' As for a hypocrite or a doubtful person, (the sub-narrator is not sure as to which word Asma' said) he will say, 'I do not know, but I heard the people saying something and so I said the same.' "

Malik related to me from Safwan ibn Sulaym from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was questioned by a man who said, "Messenger of Allah, shall I ask permission of my mother to enter?" He said, "Yes " The man said, "I live with her in the house". The Messenger of Allah, may Allah bless him and grant him peace, said "Ask her permission." The man said, "I am her servant." The Messenger of Allah. may Allah bless him and grant him peace, said, "Ask her permission. Do you want to see her naked?" He said, "No." He said, "Then ask her permission."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to look after the orphaned daughters of her brother in her house. They had jewellery (which they wore) and she did not take zakat from this jewellery of theirs.

Urwa bin Az-Zubair and I entered the Mosque (of the Prophet) and saw `Abdullah bin `Umar sitting near the dwelling place of Aisha and some people were offering the Duha prayer. We asked him about their prayer and he replied that it was a heresy. He (Urwa) then asked him how many times the Prophet had performed `Umra. He replied, 'Four times; one of them was in the month of Rajab." We disliked to contradict him. Then we heard `Aisha, the Mother of faithful believers cleaning her teeth with Siwak in the dwelling place. 'Urwa said, "O Mother! O Mother of the believers! Don't you hear what Abu `Abdur Rahman is saying?" She said, "What does he say?" 'Urwa said, "He says that Allah's Apostle performed four `Umra and one of them was in the month of Rajab." `Aisha said, "May Allah be merciful to Abu `Abdur Rahman! The Prophet did not perform any `Umra except that he was with him, and he never performed any `Umra in Rajab."

Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to give the property of the orphans that were in her house to whoever would use it to trade with on their behalf.

that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

Safiya went to the Prophet while he was in I`tikaf. When she returned, the Prophet accompanied her walking. An Ansari man saw him. When the Prophet noticed him, he called him and said, "Come here. She is Safiya. (Sufyan a sub-narrator perhaps said that the Prophet had said, "This is Safiya"). And Satan circulates in the body of Adam's offspring as his blood circulates in it." (A sub-narrator asked Sufyan, "Did Safiya visit him at night?" He said, "Of course, at night.")

We were in the company of Allah's Apostle and we assumed the state of Ihram of Hajj and arrived at Mecca on the fourth of Dhul-Hijja. The Prophet ordered us to perform the Tawaf around the Ka`ba and (Sa`i) between As-Safa and Al-Marwa and use our lhram just for `Umra, and finish the state of Ihram unless we had our Hadi with us. None of us had the Hadi with him except the Prophet and Talha. `Ali came from Yemen and brought the Hadi with him. `Ali said, 'I had assumed the state of Ihram with the same intention as that with which Allah's Apostle had assumed it. The people said, "How can we proceed to Mina and our male organs are dribbling?" Allah's Apostle said, "If I had formerly known what I came to know latterly, I would not have brought the Hadi, and had there been no Hadi with me, I would have finished my Ihram." Suraqa (bin Malik) met the Prophet while he was throwing pebbles at the Jamrat-Al-`Aqaba, and asked, "O Allah's Apostle! Is this (permitted) for us only?" The Prophet replied. "No, it is forever" `Aisha had arrived at Mecca while she was menstruating, therefore the Prophet ordered her to perform all the ceremonies of Hajj except the Tawaf around the Ka`ba, and not to perform her prayers unless and until she became clean . When they encamped at Al-Batha, `Aisha said, "O Allah's Apostle! You are proceeding after performing both Hajj and `Umra while I am proceeding with Hajj only?" So the Prophet ordered `Abdur-Rahman bin Abu Bakr As-Siddiq to go with her to at-Tan`im, and so she performed the `Umra in Dhul-Hijja after the days of the Hajj.

Yahya related to me from Malik from Yahya ibn Said that Abu Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I saw a slave-girl of mine uncovered in the moonlight, and so I sat on her as a man sits on a woman. She said that she was menstruating, so I stood up and have not gone near her after that. Can I give her to my son to have intercourse with?" Al-Qasim forbade that.

Regarding the explanation of the following verse:-- "If a wife fears Cruelty or desertion On her husband's part." (4.128) A man may dislike his wife and intend to divorce her, so she says to him, "I give up my rights, so do not divorce me." The above verse was revealed concerning such a case.