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."

On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.

That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."

The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.

He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!

The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.

Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that a man came to Abdullah ibn Abbas and said to him, "I have an orphan and he has camels. Can I drink from the camels' milk?" Ibn Abbas said, "If you search for the lost camels of his and treat the camels' mange and fill in the cracks in their water basin and give it water on the day it drinks, then drink it without doing harm to the suckling camels by milking them excessively."

The Prophet said, "Charity is obligatory everyday on every joint of a human being. If one helps a person in matters concerning his riding animal by helping him to ride it or by lifting his luggage on to it, all this will be regarded charity. A good word, and every step one takes to offer the compulsory Congregational prayer, is regarded as charity; and guiding somebody on the road is regarded as charity."

Allah's Apostle sent me, Az-Zubair and Al-Miqdad saying, "Proceed till you reach Rawdat Khakh where there is a lady carrying a letter, and take that (letter) from her." So we proceeded on our way with our horses galloping till we reached the Rawda, and there we found the lady and said to her, "Take out the letter." She said, "I have no letter." We said, "Take out the letter, or else we will take off your clothes." So she took it out of her braid, and we brought the letter to Allah's Apostle . The letter was addressed from Hatib, bin Abi Balta'a to some pagans of Mecca, telling them about what Allah's Apostle intended to do. Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Do not make a hasty decision about me. I was a person not belonging to Quraish but I was an ally to them from outside and had no blood relation with them, and all the Emigrants who were with you, have got their kinsmen (in Mecca) who can protect their families and properties. So I liked to do them a favor so that they might protect my relatives as I have no blood relation with them. I did not do this to renegade from my religion (i.e. Islam) nor did I do it to choose Heathenism after Islam." Allah's Apostle said to his companions." As regards him, he (i.e. Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop off the head of this hypocrite!" The Prophet said, "He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked at those who witnessed Badr and said, "O the people of Badr (i.e. Badr Muslim warriors), do what you like, for I have forgiven you. "Then Allah revealed the Sura:-- "O you who believe! Take not my enemies And your enemies as friends offering them (Your) love even though they have disbelieved in that Truth (i.e. Allah, Prophet Muhammad and this Qur'an) which has come to you ....(to the end of Verse)....(And whosoever of you (Muslims) does that, then indeed he has gone (far) astray (away) from the Straight Path." (60.1

Allah's Apostle sent me, Az-Zubair bin Al-Awwam and Abu Marthad Al-Ghanawi, and all of us were horsemen, and he said, "Proceed till you reach Rawdat Khakh, where there is a woman from the pagans carrying a letter sent by Hatib bin Abi Balta'a to the pagans (of Mecca)." So we overtook her while she was proceeding on her camel at the same place as Allah's Apostle told us. We said (to her) "Where is the letter which is with you?" She said, "I have no letter with me." So we made her camel kneel down and searched her mount (baggage etc) but could not find anything. My two companions said, "We do not see any letter." I said, "I know that Allah's Apostle did not tell a lie. By Allah, if you (the lady) do not bring out the letter, I will strip you of your clothes' When she noticed that I was serious, she put her hand into the knot of her waist sheet, for she was tying a sheet round herself, and brought out the letter. So we proceeded to Allah's Apostle with the letter. The Prophet said (to Habib), "What made you o what you have done, O Hatib?" Hatib replied, "I have done nothing except that I believe in Allah and His Apostle, and I have not changed or altered (my religion). But I wanted to do the favor to the people (pagans of Mecca) through which Allah might protect my family and my property, as there is none among your companions but has someone in Mecca through whom Allah protects his property (against harm). The Prophet said, "Habib has told you the truth, so do not say to him (anything) but good." `Umar bin Al-Khattab said, "Verily he has betrayed Allah, His Apostle, and the believers! Allow me to chop his neck off!" The Prophet said, "O `Umar! What do you know; perhaps Allah looked upon the Badr warriors and said, 'Do whatever you like, for I have ordained that you will be in Paradise.'" On that `Umar wept and said, "Allah and His Apostle know best."

We fought one of our battle, and encamped at a certain place. One of our companions sold a horse for a slave. After that they remained there for the rest of day and night. When the next morning came, they prepared themselves for departure. The buyer of the horse began to saddle it, but the seller was ashamed (of the transaction). He went to the man (buyer) and asked him to annul the transaction. The man refused to hand it over (the horse) to him.

He said: AbuBarzah, the companion of the Prophet (saws), is to decide between me and you. They went to AbuBarzah in the corner of the army. They related this story to him.

He said: Do you agree that I make a decision between you on the basis of the decision of the Messenger of Allah (saws)?

The Messenger of Allah (saws) said: Both parties in a business transaction have an option (right) to annul it so long as they have not separated.

Hisham to Hassan said that Jamil said in his version: "I do not think that you separated."

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

When the Prophet, became ill in his fatal illness, Someone came to inform him about the prayer, and the Prophet told him to tell Abu Bakr to lead the people in the prayer. I said, "Abu Bakr is a softhearted man and if he stands for the prayer in your place, he would weep and would not be able to recite the Qur'an." The Prophet said, "Tell Abu Bakr to lead the prayer." I said the same as before. He (repeated the same order and) on the third or the fourth time he said, "You are the companions of Joseph. Tell Abu Bakr to lead the prayer." So Abu Bakr led the prayer and meanwhile the Prophet felt better and came out with the help of two men; as if I see him just now dragging his feet on the ground. When Abu Bakr saw him, he tried to retreat but the Prophet beckoned him to carry on. Abu Bakr retreated a bit and the Prophet sat on his (left) side. Abu Bakr was repeating the Takbir (Allahu Akbar) of Allah's Apostle for the people to hear.

I offered the funeral prayer behind the Prophet for a woman who had died during childbirth and he stood up by the middle of the coffin.

Once a man was driving two Nadihas (camels used for agricultural purposes) and night had fallen. He found Mu`adh praying so he made his camel kneel and joined Mu`adh in the prayer. The latter recited Surat 'Al-Baqara" or Surat "An-Nisa", (so) the man left the prayer and went away. When he came to know that Mu`adh had criticized him, he went to the Prophet, and complained against Mu`adh. The Prophet said thrice, "O Mu`adh ! Are you putting the people to trial?" It would have been better if you had recited "Sabbih Isma Rabbika-l-A`la (87)", Wash-shamsi wa duhaha (91)", or "Wal-laili idha yaghsha (92)", for the old, the weak and the needy pray behind you." Jabir said that Mu`adh recited Sura Al-Baqara in the `Isha' prayer.

Abu Musa Al-Ash`ari used to lay great stress on the question of urination and he used to say, "If anyone from Bani Israel happened to soil his clothes with urine, he used to cut that portion away." Hearing that, Hudhaifa said to Abu Wail, "I wish he (Abu Musa) didn't (lay great stress on that matter)." Hudhaifa added, "Allah's Apostle went to the dumps of some people and urinated while standing."

"An infidel spy came to the Prophet while he was on a journey. The spy sat with the companions of the Prophet and started talking and then went away. The Prophet said (to his companions), 'Chase and kill him.' So, I killed him." The Prophet then gave him the belongings of the killed spy (in addition to his share of the war booty).

I never felt so jealous of any woman as I felt of Khadija, for Allah ordered him (the Prophet ) to give Khadija the glad tidings of a palace in Paradise (for her).

The Prophet offered the funeral prayer for the dead body of a woman who died during delivery (i.e. childbirth) and he stood by the middle of her body.

A man of Banu Harith was pasturing a pregnant she-camel in one of the ravines of Uhud, (he saw that) it was about to die; he could find nothing to slaughter it; he took a stake and stabbed it in the upper part of its breast until he made its blood flow.

He then came to the Prophet (saws) and informed him about that, and he ordered him to eat it.

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."

Yahya related to me from Malik from Ibn Shihab from Mahmud ibn Rabi al-Ansari that Utban ibn Malik, who was a blind man, used to lead his people in prayer, and he said to the Messenger of Allah, may Allah bless him and grant him peace, "Sometimes it is dark and rainy and there is a lot of water around outside, and I am a man who has lost his sight. Messenger of Allah, pray in a certain place in my house so that I can take it as a place to pray." The Messenger of Allah, may Allah bless him and grant him peace, came to him and said, "Where would you like me to pray?" He indicated a place to him and the Messengerof Allah, may Allah bless him and grant him peace, prayed there.

`Itban bin Malik used to lead his people (tribe) in prayer and was a blind man, he said to Allah's Apostle , "O Allah's Apostle! At times it is dark and flood water is flowing (in the valley) and I am blind man, so please pray at a place in my house so that I can take it as a Musalla (praying place)." So Allah's Apostle went to his house and said, "Where do you like me to pray?" 'Itban pointed to a place in his house and Allah's Apostle, offered the prayer there.

In the lifetime of the Prophet whosoever saw a dream would narrate it to Allah's Apostle. I had a wish of seeing a dream to narrate it to Allah's Apostle (p.b.u.h) I was a grown up boy and used to sleep in the Mosque in the lifetime of the Prophet. I saw in the dream that two angels caught hold of me and took me to the Fire which was built all round like a built well and had two poles in it and the people in it were known to me. I started saying, "I seek refuge with Allah from the Fire." Then I met another angel who told me not to be afraid. I narrated the dream to Hafsa who told it to Allah's Apostle. The Prophet said, "Abdullah is a good man. I wish he prayed Tahajjud." After that `Abdullah (i.e. Salim's father) used to sleep but a little at night.

A man from the Companions of the Prophet (saws) came to Umar ibn al-Khattab (may Allah be pleased with him). He bore witness before him that when he (the Prophet) was suffering from a disease of which he died he heard the Messenger of Allah (saws) prohibiting performing of umrah before hajj.

Anas bin Malik said, "The Prophet and Zaid bin Thabit took the 'Suhur' together and after finishing the meal, the Prophet stood up and prayed (Fajr prayer)." I asked Anas, "How long was the interval between finishing their 'Suhur' and starting the prayer?" He replied, "The interval between the two was just sufficient to recite fifty 'Ayat." (Verses of the Qur'an).

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head.

Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House."

Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature."

Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina."

Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination. ' "

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."

In the valley of Al-`Aqiq I heard Allah's Apostle saying, "To night a messenger came to me from my Lord and asked me to pray in this blessed valley and to assume Ihram for Hajj and `Umra together. "

(the slave of 'Uthman) I saw 'Uthman bin 'Affan asking for a tumbler of water (and when it was brought) he poured water over his hands and washed them thrice and then put his right hand in the water container and rinsed his mouth, washed his nose by putting water in it and then blowing it out. then he washed his face and forearms up to the elbows thrice, passed his wet hands over his head and washed his feet up to the ankles thrice. Then he said, "Allah's Apostle said 'If anyone performs ablution like that of mine and offers a two-rak'at prayer during which he does not think of anything else (not related to the present prayer) then his past sins will be forgiven.' "

The Prophet once delivered a speech in front of us wherein he left nothing but mentioned (about) everything that would happen till the Hour. Some of us stored that our minds and some forgot it. (After that speech) I used to see events taking place (which had been referred to in that speech) but I had forgotten them (before their occurrence). Then I would recognize such events as a man recognizes another man who has been absent and then sees and recognizes him.

The Prophet (saws) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.

I offered the funeral prayer behind the Prophet for a woman who had died during childbirth and he stood up by the middle of the coffin.

Ikrimah said: A group of people from Iraq said: Ibn Abbas, what is your opinion about the verse in which we have been commanded whatever we have been commanded, but no one acts upon it? The word of Allah, Most High, reads: "O ye who believe! Let those whom your right hands possess, and the (children) among you, who have not come of age, ask your permission (before) they enter your presence on three occasions: before morning prayer, while you are undressing for the noonday heat, and after late-night prayer. These are your three times of undress; outside those times it is not wrong for you or for them to move about."

Al-Qa'nabi recited the verse up to "full of knowledge and wisdom".

Ibn Abbas said: Allah is Most Clement and Most Merciful to the believers. He loves concealment. The people had neither curtains nor curtained canopies in their houses. Sometimes a servant, a child or a female orphan of a man entered while the man was having sexual intercourse with his wife. So Allah commanded them to ask permission in those times of undress. Then Allah brought them curtains and all good things. But I did not see anyone following it after that.

Abu Dawud said: The tradition of 'Ubaid Allah and of 'Ata, weakens this tradition.