Mujja'ah went to the Prophet (saws) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.

The Prophet (saws) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (saws) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.

He then asked AbuBakr for them later on, and brought to him the document of the Prophet (saws). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.

The text of the document written by the Prophet (saws) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar from Abdullah as-Sanabihi that the Messenger of Allah, may Allah bless him and grant him peace, said, "A trusting slave does wudu and as he rinses his mouth the wrong actions leave it. As he cleans his nose the wrong actions leave it. As he washes his face, the wrong actions leave it, even from underneath his eyelashes. As he washes his hands the wrong actions leave them, even from underneath his fingernails. As he wipes his head the wrong actions leave it, even from his ears. And as he washes his feet the wrong actions leave them, even from underneath the toenails of both his feet." He added, "Then his walking to the mosque and his prayer are an extra reward for him."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

I heard Al-Bara' saying, "The above Verse was revealed regarding us, for the Ansar on returning from Hajj never entered their houses through the proper doors but from behind. One of the Ansar came and entered through the door and he was taunted for it. Therefore, the following was revealed: -- "It is not righteousness That you enter the houses from the back, But the righteous man is He who fears Allah, Obeys His order and keeps away from What He has forbidden So, enter houses through the proper doors." (2.189)

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

I heard the Messenger of Allah (saws) say: In eloquence there is magic, in knowledge ignorance, in poetry wisdom, and in speech heaviness.

Sa'sa'ah ibn Suhan said: The Prophet of Allah (saws) spoke the truth. His statement "In eloquence there is magic" means: (For example), there is a right due from a man who is more eloquent in reasoning than the man who is demanding his right. He (the defendant) charms the people by his speech and takes away his right. His statement "In knowledge there is ignorance" means: A scholar brings to his knowledge what he does not know, and thus he becomes ignorant of that. His statement "In poetry there is wisdom" means: These are the sermons and examples by which people receive admonition. His statement "In speech there is heaviness" means: That you present your speech and your talk to a man who is not capable of understanding it, and who does not want it.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

Allah's Apostle said, "Your period (i.e. the Muslims' period) in comparison to the periods of the previous nations, is like the period between the `Asr prayer and sunset. And your example in comparison to the Jews and the Christians is like the example of a person who employed some laborers and asked them, 'Who will work for me till midday for one Qirat each?' The Jews worked for half a day for one Qirat each. The person asked, 'Who will do the work for me from midday to the time of the `Asr (prayer) for one Qirat each?' The Christians worked from midday till the `Asr prayer for one Qirat. Then the person asked, 'Who will do the work for me from the `Asr till sunset for two Qirats each?' " The Prophet added, "It is you (i.e. Muslims) who are doing the work from the `Asr till sunset, so you will have a double reward. The Jews and the Christians got angry and said, 'We have done more work but got less wages.' Allah said, 'Have I been unjust to you as regards your rights?' They said, 'No.' So Allah said, 'Then it is My Blessing which I bestow on whomever I like. "

Yahya related to me from Malik from Zayd ibn Aslam that the ayat "You who believe! When you rise for prayer wash your faces, and your arms to the elbows, and wipe over your heads and your feet up to the ankles," refers to rising from bed, meaning sleep.

Yahya said that Malik said, "The situation with us is that one does not have to do wudu for a nose-bleed, or for blood, or for pus issuing from the body. One only has to do wudu for impurities which issue from the genitals or the anus, or for sleep."

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."

The Prophet (saws) said: If anyone wants to put a ring of fire on one he loves, let him put a gold ring on him: if anyone wants to put a necklace of fire on one he loves, let him put a gold necklace on him, and if anyone wants to put a bracelet of fire on one he loves let him put a gold bracelet on him. Keep to silver and amuse yourselves with it.

He said: I mentioned it to al-A’mash. He said: I swear by Allah, I heard it from him.

There was a man who fought most bravely of all the Muslims on behalf of the Muslims in a battle (Ghazwa) in the company of the Prophet. The Prophet looked at him and said. "If anyone would like to see a man from the people of the Fire, let him look at this (brave man)." On that, a man from the People (Muslims) followed him, and he was in that state i.e., fighting fiercely against the pagans till he was wounded, and then he hastened to end his life by placing his sword between his breasts (and pressed it with great force) till it came out between his shoulders. Then the man (who was watching that person) went quickly to the Prophet and said, "I testify that you are Allah's Apostle!" The Prophet asked him, "Why do you say that?" He said, "You said about so-and-so, 'If anyone would like to see a man from the people of the Fire, he should look at him.' He fought most bravely of all of us on behalf of the Muslims and I knew that he would not die as a Muslim (Martyr). So when he got wounded, he hastened to die and committed suicide." There-upon the Prophet said, "A man may do the deeds of the people of the Fire while in fact he is one of the people of Paradise, and he may do the deeds of the people of Paradise while in fact he belongs to the people of Fire, and verily, (the rewards of) the deeds are decided by the last actions (deeds)".

While the Prophet was in a funeral procession. he picked up something and started scraping the ground with it, and said, "There is none among you but has his place written for him either in the Hell Fire or in Paradise." They said, "O Allah's Apostle! Shall we not depend upon what has been written for us and give up deeds? He said, "Carry on doing (good) deeds, for everybody will find easy to do such deeds as will lead him to his destined place for which he has been created. So he who is destined to be among the happy (in the Hereafter), will find it easy to do the deeds characteristic of such people, while he who is destined to be among the miserable ones, will find it easy to do the deeds characteristic of such people." Then he recited: 'As for him who gives (in charity) and fears Allah, and believes in the best....' (92.5-10)

The Prophet said, "Your life in comparison to the lifetime of the past nations is like the period between the time of `Asr prayer and sunset. Your example and the example of the Jews and Christians is that of person who employed laborers and said to them, "Who will work for me till the middle of the day for one Qirat (a special weight)?' The Jews did. He then said, "Who will work for me from the middle of the day till the `Asr prayer for one Qirat each?" The Christians worked accordingly. Then you (Muslims) are working from the `Asr prayer till the Maghrib prayer for two Qirats each. They (the Jews and the Christians) said, 'We did more labor but took less wages.' He (Allah) said, 'Have I wronged you in your rights?' They replied, 'No.' Then He said, 'This is My Blessing which I give to whom I wish."

The Prophet said, "Your example and the example of the people of the two Scriptures (i.e. Jews and Christians) is like the example of a man who employed some laborers and asked them, 'Who will work for me from morning till midday for one Qirat?' The Jews accepted and carried out the work. He then asked, Who will work for me from midday up to the `Asr prayer for one Qirat?' The Christians accepted and fulfilled the work. He then said, 'Who will work for me from the `Asr till sunset for two Qirats?' You, Muslims have accepted the offer. The Jews and the Christians got angry and said, 'Why should we work more and get lesser wages?' (Allah) said, 'Have I withheld part of your right?' They replied in the negative. He said, 'It is My Blessing, I bestow upon whomever I wish .'

The Prophet used to seek refuge with Allah (by saying), "O Allah! I seek refuge with You from the affliction of the Fire and from the punishment in the Fire, and seek refuge with You from the affliction of the grave, and I seek refuge with You from the affliction of wealth, and I seek refuge with You from the affliction of poverty, and seek refuge with You from the affliction of Al-Masih Ad-Dajjal."

Yahya related to me from Malik that Yahya ibn Said said, "I have heard that the first of the actions of a slave to be considered on the day of rising is the prayer. If it is accepted from him, the rest of his actions will be considered, and if it is not accepted from him, none of his actions will be considered."

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Malik related to me from Hisham ibn Urwa that his father used to rent out his land for gold and silver.

Malik was asked about a man who rented his field for 100 sa of dates or part of its produce of wheat or from other than its produce. He disapproved of that.

The Messenger of Allah (saws) said: Neither vomiting, nor emission, nor cupping breaks the fast of the one who is fasting.

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Apostle!" The Prophet asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet said, "Not even an iron ring?" He Sa`d, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Qur'an (by heart)?" He said, "Yes." The Prophet said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)."

That the Messenger of Allah (saws) said: "There are six things with Allah for the martyr. He is forgiven with the first flow of blood (he suffers), he is shown his place in Paradise, he is protected from punishment in the grave, secured from the greatest terror, the crown of dignity is placed upon his head - and its gems are better than the world and what is in it - he is married to seventy two wives along Al-Huril-'Ayn of Paradise, and he may intercede for seventy of his close relatives."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on ...

Abu Dawud said: In this way Hashim al-dastawa’I transmitted it from Qatadah, but he said : “If anyone memorizes the closing verses of surat al-Kahf.” Shu’bah narrated from Qatadah the words “from the end of al-Kahf.

I said to `Abida, "I have some of the hair of the Prophet which I got from Anas or from his family." `Abida replied. "No doubt if I had a single hair of that it would have been dearer to me than the whole world and whatever is in it."