Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that al-Miqdad ibn al-Aswad once went to see AIi ibn Abi Talibat as-Suqya, where he was feeding some young camels of his with a mash of meal and leaves, and he said to him, "This man Uthman ibn Affan is telling people that they cannot do hajj and umra together."

Al-Miqdad said, "Ali ibn Abi Talib went off with bits of meal and leaves on his forearms - and I shall never forget the sight of the meal and the leaves on his arms - and went to see Uthman ibn Affan and asked him, 'Are you saying then that people cannot do hajj and umra together?' Uthman replied, 'That is my opinion.' Whereupon AIi got angry and went out saying, 'I am at your service, O Allah, I am at your service for a hajj and an umra together.' "

Malik said, "Our position (here in Madina) is that someone who does hajj and umra together should not remove any of his hair, nor should he come out of ihram in any way until he has sacrificed an animal, if he has one. He should come out of ihram at Mina, on the day of the sacrifice."

Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."

Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "

Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."

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. '

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.' "

Yahya related to me from Malik from Ata ibn Abdullah al-Khurasani that Said ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit own,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' "

Malik said that Ata said that he had asked Said ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sas.''

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that al Qasim ibn Muhammad said, "None of the companions that I met prayed dhuhr until well after noon,"(i.e.until when the sun had lost its fierceness).

Yahya related to me from Malik that he had heard that the muadhdhin came to Umar ibn al-Khattab to call him to the subh prayer and found him sleeping, so he said, "Prayer is better than sleep," and Umar ordered him to put that in the adhan for subh .

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim ibn Muhammad ibn Abi Bakr that the Messenger of Allah, may Allah bless him and grant him peace, said, "Let the misfortune that befalls me be a comfort to the Muslims in their misfortunes."

Yahya related to me from Malik from Hisham ibn Urwa that Fatima bint al-Mundhir said, "We used to veil our faces when we were in ihram in the company of Asma bint Abi Bakr as-Siddiq."

20.7 Wearing Perfume during Hajj.

Yahya related to me from Malik that he had heard that Abd al- Malik ibn Marwan had started to do talbiya at the mosque of Dhu'l-Hulayfa, after the animal he was riding on had stood up, and that Aban ibn Uthman had told him to do this.

Yahya related to me from Malik from Abdullah ibn Abi Bakr that his grandfather, Muhammad ibn Amr ibn Hazm sold the fruit of an orchard of his called al-Afraq, for 4,000 dirhams, and he kept aside 800 dirhams' worth of dry dates.

Yahya related to me from Malik from his paternal uncle, Abu Suhayl ibn Malik from his father that Kab al-Ahbar said, "If you want to know what a slave has with his Lord, then look at whatever good praise follows him."

Yahya related to me from Malik from Zayd ibn Aslam from Ibn Bujayd (formerly al-Ansari) from his grandmother that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give to the very poor, if only a roasted hoof."