Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

Allah's Apostle said, "Allah said:-- 'The son of Adam tells a lie against Me and he hasn't the right to do so; and he abuses me and he hasn't the right to do so. His telling a lie against Me is his saying that I will not recreate him as I created him for the first time; and his abusing Me is his saying that Allah has begotten children, while I am the self-sufficient Master, Whom all creatures need, Who begets not nor was He begotten, and there is none like unto Me."

I heard Allah's Apostle saying, Verily Allah created Mercy. The day He created it, He made it into one hundred parts. He withheld with Him ninety-nine parts, and sent its one part to all His creatures. Had the non-believer known of all the Mercy which is in the Hands of Allah, he would not lose hope of entering Paradise, and had the believer known of all the punishment which is present with Allah, he would not consider himself safe from the Hell-Fire."

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, "A man said to his family that he had never done a good action, and that when he died they were to burn him and then scatter half of him on the land and half of him on the sea, and by Allah, if Allah destined it for him He would punish him with a punishment which He had not punished anyone else with in all the worlds. When the man died, they did as he had told them. Then Allah told the land to collect everything that was in it, and told the sea to collect everything that was in it, and then He said to the man, 'Why did you do this?' and he said, 'From fear of You, Lord, and You know best.' "

Abu Hurayra added, "And He forgave him."

Some people of Bani Tamim came to the Prophet and he said (to them), "O Bani Tamim! rejoice with glad tidings." They said, "You have given us glad tidings, now give us something." On hearing that the color of his face changed then the people of Yemen came to him and he said, "O people of Yemen ! Accept the good tidings, as Bani Tamim has refused them." The Yemenites said, "We accept them. Then the Prophet started taking about the beginning of creation and about Allah's Throne. In the mean time a man came saying, "O `Imran! Your she-camel has run away!'' (I got up and went away), but l wish I had not left that place (for I missed what Allah's Apostle had said).

When he was sitting with the Messenger of Allah (saws) and a Jew was also with him, a funeral passed by him. He (the Jew) asked (Him): Muhammad, does this funeral speak? The Prophet (saws) said: Allah has more knowledge. The Jew said: It speaks.

The Messenger of Allah (saws) said: Whatever the people of the Book tell you, do not verify them, nor falsify them, but say: We believe in Allah and His Apostle. If it is false, do not confirm it, and if it is right, do not falsify it.

Asma, daughter of AbuBakr, entered upon the Messenger of Allah (saws) wearing thin clothes. The Messenger of Allah (saws) turned his attention from her. He said: O Asma', when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to his face and hands.

Abu Dawud said: This is a mursal tradition (i.e. the narrator who transmitted it from 'Aishah is missing) Khalid b. Duraik did not see 'Aishah.

Once the Prophet, while passing through one of the graveyards of Medina or Mecca heard the voices of two persons who were being tortured in their graves. The Prophet said, "These two persons are being tortured not for a major sin (to avoid)." The Prophet then added, "Yes! (they are being tortured for a major sin). Indeed, one of them never saved himself from being soiled with his urine while the other used to go about with calumnies (to make enmity between friends). The Prophet then asked for a green leaf of a date-palm tree, broke it into two pieces and put one on each grave. On being asked why he had done so, he replied, "I hope that their torture might be lessened, till these get dried."

The Prophet once passed by two graves and said, "These two persons are being tortured not for a major sin (to avoid). One of them never saved himself from being soiled with his urine, while the other used to go about with calumnies (to make enmity between friends)." The Prophet then took a green leaf of a date-palm tree, split it into (pieces) and fixed one on each grave. They said, "O Allah's Apostle! Why have you done so?" He replied, "I hope that their punishment might be lessened till these (the pieces of the leaf) become dry." (See the footnote of Hadith 215).

That Allah's Apostle said, "Allah will not look on the Day of Judgment at him who drags his robe (behind him) out of pride." Abu Bakr said "One side of my robe slacks down unless I get very cautious about it." Allah's Apostle said, "But you do not do that with a pride."

Ibn Muhayriz said: A man from Banu Kinanah, named al-Makhdaji, heard a person called AbuMuhammad in Syria, saying: The witr is a duty (wajib).

Al-Makhdaji said: So I went to Ubadah ibn as-Samit and informed him.

Ubadah said: AbuMuhammad told a lie. I heard the Messenger of Allah (saws) say: There are five prayers which Allah has prescribed on His servants. If anyone offers them, not losing any of them, and not treating them lightly, Allah guarantees that He will admit him to Paradise. If anyone does not offer them, Allah does not take any responsibility for such a person. He may either punish him or admit him to Paradise.

The Prophet (saws) said: A believer who recites the Qur'an is like a citron whose fragrance is sweet and whose taste is sweet, a believer who does not recite the Qur'an is like a date which has no fragrance but has sweet taste, a profligate who recites the Qur'an is like basil whose fragrance is sweet but whose taste is bitter, and the profligate who does not recite the Qur'an is like the colocynth which has a bitter taste and has not fragrance. A good companion is like a man who has musk; if nothing of it goes to you, its fragrance will (certainly) go to you; and a bad companion is like a man who has bellows; if its (black) root does not go to you, its smoke will (certainly) go to you.

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik that he had heard Rabia ibn Abi Abd ar-Rahman saying the same about that as what Ikrama related from Ibn Abbas.

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

Malik was asked about a man who forgot the tawaf al-ifada until he had left Makka and returned to his community and he said, "I think that he should go back and do the tawaf al-ifada, as long as he has not had sexual relations with women. If, however, he has had sexual relations with women, then he should not only return and do the tawaf al-ifada, but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there, but if he has not brought one with him from wherever it was he set out to do umra, he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there."

Yahya related to me from Malik from Ibn Shihab from clsa ibn Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for the people at Mina, and they questioned him and a man came and said to him, 'Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't worry.' Then another came to him and said 'Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.' He advised, 'Throw, and don't worry.' "

Amr continued, saying that the Messenger of Allah, may Allah bless him and grant him peace, was not asked about anything done before or after without his saying, "Do it, and don't worry."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."

Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "

Malik said, "Al-anat is fornication."

The Prophet said, "The prayer offered in congregation is twenty five times more superior (in reward) to the prayer offered alone in one's house or in a business center, because if one performs ablution and does it perfectly, and then proceeds to the mosque with the sole intention of praying, then for each step which he takes towards the mosque, Allah upgrades him a degree in reward and (forgives) crosses out one sin till he enters the mosque. When he enters the mosque he is considered in prayer as long as he is waiting for the prayer and the angels keep on asking for Allah's forgiveness for him and they keep on saying: 'O Allah! Be Merciful to him, O Allah! Forgive him, as long as he keeps on sitting at his praying place and does not pass wind. (See Hadith No. 620).

Allah's Apostle said, "The reward of the prayer offered by a person in congregation is twenty five times greater than that of the prayer offered in one's house or in the market (alone). And this is because if he performs ablution and does it perfectly and then proceeds to the mosque with the sole intention of praying, then for every step he takes towards the mosque, he is upgraded one degree in reward and his one sin is taken off (crossed out) from his accounts (of deeds). When he offers his prayer, the angels keep on asking Allah's Blessings and Allah's forgiveness for him as long as he is (staying) at his Musalla. They say, 'O Allah! Bestow Your blessings upon him, be Merciful and kind to him.' And one is regarded in prayer as long as one is waiting for the prayer."

Allah's Apostle said, "When the call for prayer is made, Satan takes to his heels passing wind so that he may not hear the Adhan and when the call is finished he comes back, and when the Iqama is pronounced, Satan again takes to his heels, and when the Iqama is finished he comes back again and tries to interfere with the person and his thoughts and say, "Remember this and that (which he has not thought of before the prayer)", till the praying person forgets how much he has prayed. If anyone of you does not remember whether he has offered three or four rak`at then he should perform two prostrations of Sahu while sitting.

From his father, from his grandfather, that the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they did not separate, unless they agreed to making it optional. And it is not lawful for him to separate from his companion, fearing that he will change his mind."

[Abu 'Eisa said:] This Hadith is Hasan and this means separating from him after the sale, fearing that he will change his mind. And if the separation referred to speech, and there was no option left for him after the sale, then this Hadith would be meaningless, since he (saws) said: "And it is not lawful for him to separate from his companion, fearing that he will change his mind."

Sahl bin Sa’ad said “The version of Musaddad has “I witnessed the invoking of curses by the two spouses during the life time of the Apostle of Allaah(saws) when I was fifteen years old. When they finished invoking curses, the Apostle of Allaah(saws) separated them from each other. Here ends the version of Musaddad. Others said “He was present when the Prophet (saws) separated the spouses who invoked curses on each other. The man (Sahl) said “I shall have lied against her, Apostle of Allaah(saws) if I keep her.

Abu Dawud said “Some narrators did not mention the word ‘alaiha(against her).”

Abu Dawud said “No one supported Ibn ‘Uyainah that he separated the spouses who invoked curses.”

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

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

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Yahya related to me from Malik from Nafi that Ibn Umar would never turn around when praying.

The Prophet said to Abu Talha, "Choose one of your boy servants to serve me in my expedition to Khaibar." So, Abu Talha took me letting me ride behind him while I was a boy nearing the age of puberty. I used to serve Allah's Apostle when he stopped to rest. I heard him saying repeatedly, "O Allah! I seek refuge with You from distress and sorrow, from helplessness and laziness, from miserliness and cowardice, from being heavily in debt and from being overcome by men." Then we reached Khaibar; and when Allah enabled him to conquer the Fort (of Khaibar), the beauty of Safiya bint Huyai bin Akhtab was described to him. Her husband had been killed while she was a bride. So Allah's Apostle selected her for himself and took her along with him till we reached a place called Sa`d-AsSahba,' where her menses were over and he took her for his wife. Haris (a kind of dish) was served on a small leather sheet. Then Allah's Apostle told me to call those who were around me. So, that was the marriage banquet of Allah's Apostle and Safiya. Then we left for Medina. I saw Allah's Apostle folding a cloak round the hump of the camel so as to make a wide space for Safiya (to sit on behind him) He sat beside his camel letting his knees for Safiya to put her feet on so as to mount the camel. Then, we proceeded till we approached Medina; he looked at Uhud (mountain) and said, "This is a mountain which loves us and is loved by us." Then he looked at Medina and said, "O Allah! I make the area between its (i.e. Medina's) two mountains a sanctuary as Abraham made Mecca a sanctuary. O Allah! Bless them (i.e. the people of Medina) in their Mudd and Sa (i.e. measures).

AbdulHamid, a client of Banu Hashim, said that his mother who served some of the daughters of the Prophet (saws) told him that one of the daughters of the Prophet (saws) said that the Prophet (saws) used to teach her saying: Say in the morning: Glory be to Allah, and I begin with praise of Him; there is no power but in Allah ; what Allah wills comes to pass and what He does not will does not come to pass; I know that Allah is Omnipotent and that Allah has comprehended everything in knowledge" ; for whoever says it in the morning will be guarded till the evening, and whoever says it in the evening will be guarded till the morning.