Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

While we were with Allah's Apostle a bedouin got up and said, "O Allah's Apostle! Settle my case according to Allah's Book (Laws)." Then his opponent got up and said, "O Allah's Apostle! He has said the truth! Settle his case according to Allah's Book (Laws.) and allow me to speak," He said, "My son was a laborer for this man and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death but I ransomed him with one-hundred sheep and a slave girl. Then I asked the religious learned people and they told me that his wife should be stoned to death and my son should receive one-hundred lashes and be sentenced to one year of exile.' The Prophet said, "By Him in Whose Hands my life is, I will judge between you according to Allah's Book (Laws): As for the slave girl and the sheep, they are to be returned; and as for your son, he shall receive onehundred lashes and will be exiled for one year. You, O Unais!" addressing a man from Bani Aslam, "Go tomorrow morning to the wife of this (man) and if she confesses, then stone her to death." The next morning Unais went to the wife and she confessed, and he stoned her to death.

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

that once the Prophet was in her house, and an effeminate man was there too. The effeminate man said to `Abdullah, (Um Salama's brother) "0 `Abdullah! If Ta'if should be conquered tomorrow, I recommend you the daughter of Ghailan, for she is so fat that she has four curves in the front (of her belly) and eight at the back." So the Prophet said (to his wives) "These effeminate (men) should not enter upon you (your houses).

Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.

Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "

The Prophet said, "Whoever has the following four (characteristics) will be a pure hypocrite and whoever has one of the following four characteristics will have one characteristic of hypocrisy unless and until he gives it up.

1. Whenever he is entrusted, he betrays.

2. Whenever he speaks, he tells a lie.

3. Whenever he makes a covenant, he proves treacherous.

4. Whenever he quarrels, he behaves in a very imprudent, evil and insulting manner."

On his father's authority, said that his grandfather reported the Messenger of Allah (saws) gave judgment that if anyone is killed accidentally, his blood-wit should be one hundred camels: thirty she-camels which had entered their second year, thirty she-camels which had entered their third year, thirty she-camels which had entered their fourth year, and ten male camels which had entered their third year.

Allah's Apostle said, "A person is considered in prayer as long as he is waiting for the prayer in the mosque as long as he does not do Hadath." A non-Arab man asked, "O Abu Huraira! What is Hadath?" I replied, "It is the passing of wind (from the anus) (that is one of the types of Hadath).

While the Prophet was delivering a sermon, he saw a man standing, so he asked about that man. They (the people) said, "It is Abu Israil who has vowed that he will stand and never sit down, and he will never come in the shade, nor speak to anybody, and will fast.'' The Prophet said, "Order him to speak and let him come in the shade, and make him sit down, but let him complete his fast."

The Prophet prayed (and the sub-narrator Ibrahim said, "I do not know whether he prayed more or less than usual"), and when he had finished the prayers he was asked, "O Allah's Apostle! Has there been any change in the prayers?" He said, "What is it?' The people said, "You have prayed so much and so much." So the Prophet bent his legs, faced the Qibla and performed two prostration's (of Sahu) and finished his prayers with Taslim (by turning his face to right and left saying: 'As-Salamu `Alaikum- Warahmat-ullah'). When he turned his face to us he said, "If there had been anything changed in the prayer, surely I would have informed you but I am a human being like you and liable to forget like you. So if I forget remind me and if anyone of you is doubtful about his prayer, he should follow what he thinks to be correct and complete his prayer accordingly and finish it and do two prostrations (of Sahu).

The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." `Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. `Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (`Abdullah bin `Umar said, "I saw the man leaning over the woman to shelter her from the stones."

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

The Prophet (saws) said: The religion will continue to be established till there are twelve caliphs over you, and the whole community will agree on each of them. I then heard from the Prophet (saws) some remarks which I could not understand. I asked my father: What is he saying: He said: all of them will belong to Quraysh.

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people, "She is your concern," and people considered that to be one pronouncement of divorce.

On the day of Badr, the Prophet said, "Who will go and see what has happened to Abu Jahl?" Ibn Mas`ud went and found that the two sons of 'Afra had struck him fatally. `Abdullah bin Mas`ud got hold of his beard and said, "'Are you Abu Jahl?" He replied, "Can there be a man more superior to one whom his own folk have killed (or you have killed)?"

Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."

Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."

Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."

Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."

Hittan ibn Abdullah ar-Ruqashi said: AbuMusa al-Ash'ari led us in prayer.

When he sat at the end of his prayer, one of the people said: Prayer has been established by virtue and purity.

When AbuMusa returned (from his prayer or finished his prayer), he gave his attention to the people, and said: Which of you is the speaker of such and such words? The people remained silent. Which of you is the speaker of such and such words? The people remained silent. He said: You might have said them, Hittan. He replied: I did not say them. I was afraid you might punish me. One of the people said: I said them and I did not intend by them (anything) except good.

AbuMusa said: Do you not know how you utter (them) in your prayer? The Messenger of Allah (saws) addressed us, and taught us and explained to us our way of doing and taught us our prayer.

He said: When you pray a (congregational) prayer, straighten your rows, then one of you should lead you in prayer. When he says the takbir (Allah is Most Great), say the takbir, and when he recites verses "Not of those upon whom is Thy anger, nor of those who err" (i.e. the end of Surah i.), say Amin; Allah will favour you. When he says "Allah is most great," and bows, say "Allah is most great" and bow, for the imam will bow before you, and will raise (his head) before you.

The Messenger of Allah (saws) said: This is for that. When he says "Allah listens to the one who praises Him," say: "O Allah, our Lord, to Thee be praise, Allah be praised," Allah will listen to you, for Allah, the Exalted, said by the tongue of His Prophet (saws): "Allah listens to the one who praises Him." When he says "Allah is most great" and prostrates, say: "Allah is most great" and prostrate, for the imam prostrates before you and raises his head before you.

The Messenger of Allah (saws) said: This is for that. When he sits, each one of you should say "The adorations of the tongue, all good things, and acts of worship are due to Allah. Peace be upon you, O Prophet, and Allah's mercy and His blessings. Peace be upon us and upon Allah's upright servants. I testify that there is no god but Allah, and I testify that Muhammad is His servant and Apostle."

This version of Ahmad does not mention the words "and His blessings" nor the phrase "and I testify"; instead, it has the words "that Muhammad."

Hammam bin Al-Harith said, "I saw Jarir bin `Abdullah urinating. Then he performed ablution and passed his (wet) hands over his Khuffs (socks made from thick fabric or leather), stood up and prayed. He was asked about it. He replied that he had seen the Prophet doing the same." They approved of this narration as Jarir was one of those who embraced Islam very late.

The Prophet said, "Allah will give shade, to seven, on the Day when there will be no shade but His. (These seven persons are) a just ruler, a youth who has been brought up in the worship of Allah (i.e. worships Allah sincerely from childhood), a man whose heart is attached to the mosques (i.e. to pray the compulsory prayers in the mosque in congregation), two persons who love each other only for Allah's sake and they meet and part in Allah's cause only, a man who refuses the call of a charming woman of noble birth for illicit intercourse with her and says: I am afraid of Allah, a man who gives charitable gifts so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity), and a person who remembers Allah in seclusion and his eyes are then flooded with tears."

That they were with the Prophet on a journey. They travelled the whole night, and when dawn approached, they took a rest and sleep overwhelmed them till the sun rose high in the sky. The first to get up was Abu Bakr. Allah's Apostles used not to be awakened from his sleep, but he would wake up by himself. `Umar woke up and then Abu Bakr sat by the side of the Prophet's head and started saying: Allahu-Akbar raising his voice till the Prophet woke up, (and after traveling for a while) he dismounted and led us in the morning prayer. A man amongst the people failed to join us in the prayer. When the Prophet had finished the prayer, he asked (the man), "O so-and-so! What prevented you from offering the prayer with us?" He replied, "I am Junub," Alllah's Apostle ordered him to perform Tayammam with clean earth. The man then offered the prayer. Allah's Apostle ordered me and a few others to go ahead of him. We had become very thirsty. While we were on our way (looking for water), we came across a lady (riding an animal), hanging her legs between two water-skins. We asked her, "Where can we get water?" She replied, "Oh ! There is no water." We asked, "how far is your house from the water?" She replied, "A distance of a day and a night travel." We said, "Come on to Allah's Apostle, "She asked, "What is Allah's Apostle ?" So we brought her to Allah's Apostle against her will, and she told him what she had told us before and added that she was the mother of orphans. So the Prophet ordered that her two water-skins be brought and he rubbed the mouths of the water-skins. As we were thirsty, we drank till we quenched our thirst and we were forty men. We also filled all our waterskins and other utensils with water, but we did not water the camels. The waterskin was so full that it was almost about to burst. The Prophet then said, "Bring what (foodstuff) you have." So some dates and pieces of bread were collected for the lady, and when she went to her people, she said, "I have met either the greatest magician or a prophet as the people claim." So Allah guided the people of that village through that lady. She embraced Islam and they all embraced Islam.

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

A man came and said, "O Allah's Apostle! By Allah, I keep away from the morning prayer only because So and so prolongs the prayer when he leads us in it." The narrator said, "I never saw Allah's Apostle more furious in giving advice than he was at that time. He then said, "Some of you make people dislike good deeds (the prayer). So whoever among you leads the people in prayer should shorten it because among them are the weak, the old and the needy."

Allah's Apostle said, " Horses are kept for one of three purposes; for some people they are a source of reward, for some others they are a means of shelter and for some others they are a source of sins. The one for whom they are a source of reward, is he who keeps a horse for Allah's Cause (i.e. Jihad) tying it with a long tether on a meadow or in a garden with the result that whatever it eats from the area of the meadow or the garden where it is tied will be counted as good deeds for his benefit, and if it should break its rope and jump over one or two hillocks then all its dung and its foot marks will be written as good deeds for him; and if it passes by a river and drinks water from it even though he had no intention of watering it, even then he will get the reward for its drinking. As for the man for whom horses are a source of sins, he is the one who keeps a horse for the sake of pride and pretense and showing enmity for Muslims: such a horse will be a source of sins for him. When Allah's Apostle was asked about donkeys, he replied, "Nothing has been revealed to me about them except this unique, comprehensive Verse: "Then anyone who does an atom's (or a small ant's) weight of good shall see it; And anyone who does an atom's (or a small ant's) weight of evil, shall see it.' (101.7-8)

Abu Dawud said: Similarly, this tradition has been narrated by Ibn Wahb from Malik, Hafs b. Maisarah, Dawud b. Qais and Hisham b. Sa'd. But Hisham projected it to Abu Sa'id al-Khudri.

the Prophet said, "He who slaps his cheeks, tears his clothes and follows the ways and traditions of the Days of Ignorance is not one of us."

Yahya related to me from Malik from Ibn Shihab from Amra bint Abd ar-Rahman that when A'isha was doing itikaf she would only ask after sick people if she was walking and not if she was standing still.

Malik said, "A person doing itikaf should not carry out obligations of his, nor leave the mosque for them, nor should he help anyone. He should only leave the mosque to relieve himself. If he were able to go out to do things for people, visiting the sick, praying over the dead and following funeral processions would be the things with the most claim on his coming out."

Malik said, "A person doing itikaf is not doing itikaf until he avoids what some one doing itikaf should avoid, namely, visiting the sick, praying over the dead, and entering houses, except to relieve himself."

Allah's Apostle said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)

On his father's authority, said that his grandfather said: The Messenger of Allah (saws) gave judgment that a third of the blood-wit should be paid for an eye fixed in its place.

Yunus asked Ibn Shihab about the address of the Messenger of Allah (saws) on Friday. He mentioned it in like manner. He added: Anyone who disobeys them (Allah and His Apostle) goes astray. We beseech Allah, our Lord, to make us from those who obey Him and obey His Apostle, and follow what He likes, and abstain from His anger; we are due to Him and we belong to Him.

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.