Yahya related to me from Malik from Yahya ibn Said that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "Only the House frees a person in ihram from ihram."

On his father's authority, said that his grandfather reported the Messenger of Allah (saws) said: The blood-wit for a man who makes a covenant is half of the blood-wit for a free man.

Abu Dawud said: It has been transmitted by Usamah b. Zaid al-Laithi and 'Abd al-Rahman b. al-Harith on the authority of 'Amr b. Suh'aib in similar manner.

The Messenger of Allah (saws) sent an expedition to Khath'am. Some people sought protection by having recourse to prostration, and were hastily killed. When the Prophet (saws) heard that, he ordered half the blood-wit to be paid for them, saying: I am not responsible for any Muslim who stays among polytheists. They asked: Why, Messenger of Allah? He said: Their fires should not be visible to one another.

Abu Dawud said: Hushaim, Ma'mar, Khalid b. al-Wasiti and a group of narrators have also narrated it, but did not mention Jarir.

Allah's Apostle said. "It is one of the greatest sins that a man should curse his parents." It was asked (by the people), "O Allah's Apostle! How does a man curse his parents?" The Prophet said, "'The man abuses the father of another man and the latter abuses the father of the former and abuses his mother."

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."

One of the two women of Hudhayl killed the other, Each of them had husband and sons. The Messenger of Allah (saws) fixed the blood-wit for the slain woman to be paid by the woman's relatives on the father's side. He declared her husband and the child innocent. The relatives of the woman who killed said: We shall inherit from her. The Messenger of Allah (saws) said: No, her sons and her husband should inherit from her.

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar."

Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded."

For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder, .....(up to) ...end of the Verse. (2.178) Ibn `Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn `Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Malik related to me from Said ibn Abi Said al-Maqburi from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a woman who believes in Allah and the Last Day to travel the distance of a day and night without a man who is her mahram."

We were in the company of the Prophet at a place called Al-Qaha (which is at a distance of three stages of journey from Medina). Abu Qatada narrated through another group of narrators: We were in the company of the Prophet at a place called Al-Qaha and some of us had assumed Ihram while the others had not. I noticed that some of my companions were watching something, so I looked up and saw an onager. (I rode my horse and took the spear and whip) but my whip fell down (and I asked them to pick it up for me) but they said, "We will not help you by any means as we are in a state of Ihram." So, I picked up the whip myself and attacked the onager from behind a hillock and slaughtered it and brought it to my companions. Some of them said, "Eat it." While some others said, "Do not eat it." So, I went to the Prophet who was ahead of us and asked him about it, He replied, "Eat it as it is Halal (i.e. it is legal to eat it).

The Prophet said, "A woman should not travel for more than three days except with a Dhi-Mahram (i.e. a male with whom she cannot marry at all, e.g. her brother, father, grandfather, etc.) or her own husband.)"

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of ...

When this verse was revealed: "If they do come to thee, either judge between them, or decline to interfere....If thou judge, judge in equity between them." Banu an-Nadir used to pay half blood-money if they killed any-one from Banu Qurayzah. When Banu Qurayzah killed anyone from Banu an-Nadir, they would pay full blood-money. So the Messenger of Allah (saws) made it equal between them.

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that.

Ibn Shihab said, "The killing of Ashyam was accidental."

Yahya related to me from Malik from Yahya ibn Sa'id that he heard Said ibn al Musayyab say, about the girdle worn by some one in ihram under his clothes, "There is no harm in it if he ties the ends together as a belt."

Malik said, "This is what I like most out of what I have heard about the matter."

That his father was martyred on the day of the battle of Uhud and was in debt and left six (orphan) daughters. Jabir, added, "When the season of plucking the dates came, I went to Allah's Apostle and said, "You know that my father was martyred on the day of Uhud, and he was heavily in debt, and I would like that the creditors should see you." The Prophet said, "Go and pile every kind of dates apart." I did so and called him (i.e. the Prophet ). When the creditors saw him, they started claiming their debts from me then in such a harsh manner (as they had never done before). So when he saw their attitude, he went round the biggest heap of dates thrice, and then sat over it and said, 'O Jabir), call your companions (i.e. the creditors).' Then he kept on measuring (and giving) to the creditors (their due) till Allah paid all the debt of my father. I would have been satisfied to retain nothing of those dates for my sisters after Allah had paid the debts of my father. But Allah saved all the heaps (of dates), so that when I looked at the heap where the Prophet had been sitting, it seemed as if a single date had not been taken away thereof."

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to ...

A man said, "O Allah's Apostle. What type of clothes should a Muhrim wear Allah's Apostle replied, 'Do not wear shirts, turbans trousers hooded cloaks or Khuffs (socks made from thick fabric or leather); but if someone cannot get sandals, then he can wear Khuffs after cutting them short below the ankles. Do not wear clothes touched by saffon or wars (two kinds of perfumes).

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

The Messenger of Allah (saws) said: If anyone goes out from his house after performing ablution for saying the prescribed prayer in congregation (in the mosque), his reward will be like that of one who goes for hajj pilgrimage after wearing ihram (robe worn by the hajj pilgrims).

And he who goes out to say the mid-morning (duha) prayer, and takes the trouble for this purpose, will take the reward like that of a person who performs umrah. And a prayer followed by a prayer with no worldly talk during the gap between them will be recorded in Illiyyun.

Once, while I was sitting with the companions of the Prophet at a station on the road to Mecca and Allah's Apostle was stationing ahead of us and all the people were assuming Ihram while I was not. My companion, saw an onager while I was busy Mending my shoes. They did not Inform me of the onager but they wished that I would see it Suddenly I looked and saw the onager Then I headed towards my horse, saddled it and rode, but I forgot to take the lash and the spear. So I said to them my companions), "Give me the lash and the spear." But they said, "No, by Allah we will not help you in any way to hunt it ' I got angry, dismounted, took it the spear and the lash), rode (the horse chased the onager and wounded it Then I brought it when it had dyed. My companions started eating of its (cooked) meat, but they suspected that it might be unlawful to eat of its meat while they were in a state of Ihram Then I proceeded further and I kept one of its forelegs with me. When we met Allah's Apostle we asked him about that. He said, "Have you some of its meat with you?" I gave him that foreleg and he ate the meat till he stripped the bone of its flesh although he was in a state of Ihram.

That his father said, "One day I was sitting with some of the Prophet's companions on the way to Mecca. Allah's Apostle was ahead of us. All of my companions were in the state of Ihram while I was a non-Muhrim. They saw an onager while I was busy repairing my shoes, so they did not tell me about it but they wished I had seen it. By chance I looked up and saw it. So, I turned to the horse, saddled it and rode on it, forgetting to take the spear and the whip. I asked them if they could hand over to me the whip and the spear but they said, 'No, by Allah, we shall not help you in that in any way.' I became angry and got down from the horse, picked up both the things and rode the horse again. I attacked the onager and slaughtered it, and brought it (after it had been dead). They took it (cooked some of it) and started eating it, but they doubted whether it was allowed for them to eat it or not, as they were in the state of Ihram. So, we proceeded and I hid with me one of its fore-legs. When we met Allah's Apostle and asked him about the case, he asked, 'Do you have a portion of it with you?' I replied in the affirmative and gave him that fleshy foreleg which he ate completely while he was in the state of Ihram .

My father was martyred on the day (of the Ghazwa) of Uhud and left six daughters and some debts to be paid. When the time of plucking the date-fruits came, I went to Allah's Apostle and said, "O Allah's Apostle! you know that my father was martyred on Uhud's day and owed much debt, and I wish that the creditors would see you." The Prophet said, "Go and collect the various kinds of dates and place them separately in heaps"' I did accordingly and called him. On seeing him, the creditors started claiming their rights pressingly at that time. When the Prophet saw how they behaved, he went round the biggest heap for three times and sat over it and said, "Call your companions (i.e. the creditors)." Then he kept on measuring and giving them, till Allah cleared all my father's debts. By Allah, it would have pleased me that Allah would clear the debts of my father even though I had not taken a single date to my sisters. But by Allah, all the heaps were complete, (as they were) and I looked at the heap where Allah's Apostle was sitting and noticed as if not a single date had been taken thereof.

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

The Prophet said, "No man should stay with a lady in seclusion except in the presence of a Dhu- Muhram." A man stood up and said, "O Allah's Apostle! My wife has gone out intending to perform the Hajj and I have been enrolled (in the army) for such-and-such campaign." The Prophet said, "Return and perform the Hajj with your wife."

'A'isha (Allah be pleased with her) reported that Allah's Messenger (may peace be upon him) sent the sacrificial animals from Medina. I wove garlands for his sacrificial animals (and then he hung them round their necks), and he would not avoid doing anything which the Muhrim avoids.

A man asked, "O Allah's Apostle! What kind of clothes should a Muhrim wear?" Allah's Apostle replied, "He should not wear a shirt, a turban, trousers, a headcloak or leather socks except if he can find no slippers, he then may wear leather socks after cutting off what might cover the ankles. And he should not wear clothes which are scented with saffron or Wars (kinds of Perfumes) . "

The Prophet (saws) said: Do not ride on silk stuff and panther skins. AbuSa'id said to us: AbuDawud said to us: The name of AbulMu'tamir is Yazid ibn Tahman. He lived in al-Hirah.