Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

A group of Jews came to Allah's Apostle and said, "As-samu 'Alaika " (Death be on you), and I understood it and said to them, "Alaikum AsSamu wa-l-la'na (Death and curse be on you)." Allah's Apostle said, "Be calm! O `Aisha, for Allah loves that one should be kind and lenient in all matters." I said. "O Allah's Apostle! Haven't you heard what they have said?" Allah's Apostle said, "I have (already) said (to them), 'Alaikum (upon you).' "

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, prayed while he was ill. He prayed sitting, and some people prayed behind him standing, and he indicated to them to sit down. When he left, he said, 'The imam is only appointed to be followed. When he goes into ruku, go into ruku and when he rises, rise and if he prays sitting, pray sitting .' "

We went out and Ghalib bin Abjar was accompanying us. He fell ill on the way and when we arrived at Medina he was still sick. Ibn Abi 'Atiq came to visit him and said to us, "Treat him with black cumin. Take five or seven seeds and crush them (mix the powder with oil) and drop the resulting mixture into both nostrils, for `Aisha has narrated to me that she heard the Prophet saying, 'This black cumin is healing for all diseases except As-Sam.' Aisha said, 'What is As-Sam?' He said, 'Death."

The Prophet used to stay (for a period) in the house of Zainab bint Jahsh (one of the wives of the Prophet ) and he used to drink honey in her house. Hafsa and I decided that when the Prophet entered upon either of us, she would say, "I smell in you the bad smell of Maghafir (a bad smelling raisin). Have you eaten Maghafir?" When he entered upon one of us, she said that to him. He replied (to her), "No, but I have drunk honey in the house of Zainab bint Jahsh, and I will never drink it again." Then the following verse was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you?. ..(up to) If you two (wives of the Prophet turn in repentance to Allah.' (66.1-4) The two were `Aisha and Hafsa And also the Statement of Allah: 'And (Remember) when the Prophet disclosed a matter in confidence to one of his wives!' (66.3) i.e., his saying, "But I have drunk honey." Hisham said: It also meant his saying, "I will not drink anymore, and I have taken an oath, so do not inform anybody of that."

"The Messenger of Allah (saws) was asked about fat, cheese, and furs, so he said: 'The lawful is what Allah made lawful in His Book, the unlawful is what Allah made unlawful in his Book, and what He was silent about; then it is among that for which He has pardoned.'"

[Abu 'Eisa said:] There is something on this topic from Al-Mughirah, and this Hadith is Gharib, we do not know of it being Marfu' except from this route. Sufyan and others reported it from Sulaiman At-Taimi, from Abu 'Uthman, from Salman as his own saying. It is as if the Mawquf narration is more correct. I asked Al-Bukhari about this Hadith and he said: 'I do not think it is preserved. Sufyan reported it from Sulaiman At-Taimi from Abu 'Uthman, from Salman in Mawquf form.' Al-Bukhari said: "Saif bin Harun is Muqarib (Average) in Hadith, and as for Saif bin Muhammad from 'Asim, his narrations are left."

Yahya related to me from Malik from Da'ud ibn al-Husayn that he heard al-Araj say, "I never saw the people in Ramadan, but that they were cursing the disbelievers." He added, "The reciter of Qur'an used to recite surat al-Baqara in eight rakas and if he did it in twelve rakas the people would think that he had made it easy."

Zurarah ibn Awfa said that Aisha was asked about the midnight prayer of the Messenger of Allah (saws).

She said: He used to offer his night prayer in congregation and then return to his family (in his house) and pray four rak'ahs. Then he would go to his bed and sleep, but the water for his ablution was placed covered near his head and his tooth-stick was also kept there until Allah awakened him at night.

He then used the tooth-stick, performed ablution perfectly then came to the place of prayer and would pray eight rak'ahs, in which he would recite Surah al-Fatihah, and a surah from the Qur'an as Allah willed. He would not sit during any of them but sit after the eighth rak'ah, and would not utter the salutation, but recite (the Qur'an) during the ninth rak'ah. Then he would sit and supplicate as long as Allah willed, and beg Him and devote his attention to Him; He would utter the salutation once in such a loud voice that the inmates of the house were almost awakened by his loud salutation. He would then recite Surah al-Fatihah while sitting, bow while sitting, and then recite the Qur'an during the second rak'ah, and would bow and prostrate while sitting. He would supplicate Allah as long as He willed, then utter the salutation and turn away.

This amount of prayer of the Messenger of Allah (saws) continued till he put a weight. During that period he retrenched two rak'ahs from nine and began to pray six and seven rak'ahs standing and two rak'ahs sitting. This continued till he died.

'A'isha reported, I did not see anyone else being afflicted with more severe illness than Allah's Messenger (may peace be upon him). In the narration transmitted by 'Uthman there is a slight variation of wording.

The Prophet appointed `Abdullah bin Jubair as the commander of the infantry men (archers) who were fifty on the day (of the battle) of Uhud. He instructed them, "Stick to your place, and don't leave it even if you see birds snatching us, till I send for you; and if you see that we have defeated the infidels and made them flee, even then you should not leave your place till I send for you." Then the infidels were defeated. By Allah, I saw the women fleeing lifting up their clothes revealing their leg-bangles and their legs. So, the companions of `Abdullah bin Jubair said, "The booty! O people, the booty ! Your companions have become victorious, what are you waiting for now?" `Abdullah bin Jubair said, "Have you forgotten what Allah's Apostle said to you?" They replied, "By Allah! We will go to the people (i.e. the enemy) and collect our share from the war booty." But when they went to them, they were forced to turn back defeated. At that time Allah's Apostle in their rear was calling them back. Only twelve men remained with the Prophet and the infidels martyred seventy men from us. On the day (of the battle) of Badr, the Prophet and his companions had caused the 'Pagans to lose 140 men, seventy of whom were captured and seventy were killed. Then Abu Sufyan asked thrice, "Is Muhammad present amongst these people?" The Prophet ordered his companions not to answer him. Then he asked thrice, "Is the son of Abu Quhafa present amongst these people?" He asked again thrice, "Is the son of Al-Khattab present amongst these people?" He then returned to his companions and said, "As for these (men), they have been killed." `Umar could not control himself and said (to Abu Sufyan), "You told a lie, by Allah! O enemy of Allah! All those you have mentioned are alive, and the thing which will make you unhappy is still there." Abu Sufyan said, "Our victory today is a counterbalance to yours in the battle of Badr, and in war (the victory) is always undecided and is shared in turns by the belligerents, and you will find some of your (killed) men mutilated, but I did not urge my men to do so, yet I do not feel sorry for their deed" After that he started reciting cheerfully, "O Hubal, be high! (1) On that the Prophet said (to his companions), "Why don't you answer him back?" They said, "O Allah's Apostle What shall we say?" He said, "Say, Allah is Higher and more Sublime." (Then) Abu Sufyan said, "We have the (idol) Al `Uzza, and you have no `Uzza." The Prophet said (to his companions), "Why don't you answer him back?" They asked, "O Allah's Apostle! What shall we say?" He said, "Says Allah is our Helper and you have no helper."

The Talbiya of Allah's Apostle was : 'Labbaika Allahumma labbaik, Labbaika la sharika Laka labbaik, Inna-l-hamda wan-ni'mata Laka walmulk, La sharika Laka' (I respond to Your call O Allah, I respond to Your call, and I am obedient to Your orders, You have no partner, I respond to Your call All the praises and blessings are for You, All the sovereignty is for You, And You have no partners with you.

I went with a deputation of Banu Amir to the apostle of Allah (saws), and we said: You are our lord (sayyid). To this he replied: The lord is Allah, the Blessed and Exalted. Then we said: And the one of us most endowed with excellence and superiority. To this he replied: Say what you have to say, or part of what you have to say, and do not let the devil make you his agents.

I came while the Prophet (saws) was saying the prayer. I sat down and did not pray along with them. The Messenger of Allah (saws) turned towards us and saw that Yazid was sitting there. He said: Did you not embrace Islam, Yazid? He replied: Why not, Messenger of Allah; I have embraced Islam. He said: What prevented you from saying prayer along with the people? He replied: I have already prayed in my house, and I thought that you had prayed (in congregation). He said: When you come to pray (in the mosque) and find the people praying, then you should pray along with them, though you have already prayed. This will be a supererogatory prayer for you and that will be counted as obligatory.

(the wife of the Prophet) A group of Jews entered upon the Prophet and said, "As-Samu-Alaikum." (i.e. death be upon you). I understood it and said, "Wa-Alaikum As-Samu wal-la'n. (death and the curse of Allah be Upon you)." Allah's Apostle said "Be calm, O `Aisha! Allah loves that on, should be kind and lenient in all matters." I said, "O Allah's Apostle! Haven't you heard what they (the Jews) have said?" Allah's Apostle said "I have (already) said (to them) "And upon you ! "

`Aisha said that the Jews came to the Prophet and said, "As-Samu 'Alaikum" (death be on you). `Aisha said (to them), "(Death) be on you, and may Allah curse you and shower His wrath upon you!" The Prophet said, "Be calm, O `Aisha ! You should be kind and lenient, and beware of harshness and Fuhsh (i.e. bad words)." She said (to the Prophet), "Haven't you heard what they (Jews) have said?" He said, "Haven't you heard what I have said (to them)? I said the same to them, and my invocation against them will be accepted while theirs against me will be rejected (by Allah). "

The Prophet said to Abu Talha, "I recommend that you divide (this garden) amongst your relatives." Abu Talha said, "O Allah's Apostle! I will do the same." So Abu Talha divided it among his relatives and cousins. Ibn 'Abbes said, "When the Qur'anic Verse: "Warn your nearest kinsmen." (26.214) Was revealed, the Prophet started calling the various big families of Quraish, "O Bani Fihr! O Bani Adi!". Abu Huraira said, "When the Verse: "Warn your nearest kinsmen" was revealed, the Prophet said (in a loud voice), "O people of Quraish!"

(the wife of the Prophet) I said, "O Allah's Apostle! Why have the people finished their Ihram after performing the `Umra while you have not finished your lhram after your `Umra?" He said, "I have done Talbid (of my hair) and have decorated my Hadis with garlands, so I shall not finish my lhram till l have slaughtered my Hadi (animal for sacrifice).

I was with the Prophet in a Ghazwa (Military Expedition) and my camel was slow and exhausted. The Prophet came up to me and said, "O Jabir." I replied, "Yes?" He said, "What is the matter with you?" I replied, "My camel is slow and tired, so I am left behind." So, he got down and poked the camel with his stick and then ordered me to ride. I rode the camel and it became so fast that I had to hold it from going ahead of Allah's Apostle . He then asked me, have you got married?" I replied in the affirmative. He asked, "A virgin or a matron?" I replied, "I married a matron." The Prophet said, "Why have you not married a virgin, so that you may play with her and she may play with you?" Jabir replied, "I have sisters (young in age) so I liked to marry a matron who could collect them all and comb their hair and look after them." The Prophet said, "You will reach, so when you have arrived (at home), I advise you to associate with your wife (that you may have an intelligent son)." Then he asked me, "Would you like to sell your camel?" I replied in the affirmative and the Prophet purchased it for one Uqiya of gold. Allah's Apostle reached before me and I reached in the morning, and when I went to the mosque, I found him at the door of the mosque. He asked me, "Have you arrived just now?" I replied in the affirmative. He said, "Leave your camel and come into (the mosque) and pray two rak`at." I entered and offered the prayer. He told Bilal to weigh and give me one Uqiya of gold. So Bilal weighed for me fairly and I went away. The Prophet sent for me and I thought that he would return to me my camel which I hated more than anything else. But the Prophet said to me, "Take your camel as well as its price."

The Messenger of Allah (saws) used to recite the Qur'an to us. When he came upon the verse containing prostration, he would utter the takbir (Allah is most great) and we would prostrate ourselves along with him.

The narrator 'Abd al-Razzaq said: Al-Thawri liked this tradition very much.

Abu Dawud said: This was liked by him for this contains the uttering of takbir.

Once we were in the house of Abu Musa who presented a meal containing cooked chicken. A man from the tribe of Bani Taim Allah with red complexion as if he were from the Byzantine war prisoners, was present. Abu Musa invited him to share the meal but he (apologised) saying. "I saw chickens eating dirty things and so I have had a strong aversion to eating them, and have taken an oath that I will not eat chickens." Abu Musa said, "Come along, I will tell you about this matter (i.e. how to cancel one's oath). I went to the Prophet in the company of a group of Al-Ashariyin, asked him to provide us with means of conveyance. He said, 'By Allah, I will not provide you with any means of conveyance and I have nothing to make you ride on.' Then some camels as booty were brought to Allah's Apostle and he asked for us saying. 'Where are the group of Al-Ash`ariyun?' Then he ordered that we should be given five camels with white humps. When we set out we said, 'What have we done? We will never be blessed (with what we have been given).' So, we returned to the Prophet and said, 'We asked you to provide us with means of conveyance, but you took an oath that you would not provide us with any means of conveyance. Did you forget (your oath when you gave us the camels)? He replied. 'I have not provided you with means of conveyance, but Allah has provided you with it, and by Allah, Allah willing, if ever I take an oath to do something, and later on I find that it is more beneficial to do something different, I will do the thing which is better, and give expiation for my oath."

Hafsa the wife of the Prophet said, "O Allah's Apostle! Why have the people finished their Ihram after performing `Umra but you have not finished your Ihram after performing `Umra?" He replied, "I have matted my hair and garlanded my Hadi. So I will not finish my Ihram till I have slaughtered (my Hadi). "

Once solar eclipse occurred during the lifetime of Allah's Apostle. He offered the eclipse prayer. His companions asked, "O Allah's Apostle! We saw you trying to take something while standing at your place and then we saw you retreating." The Prophet said, "I was shown Paradise and wanted to have a bunch of fruit from it. Had I taken it, you would have eaten from it as long as the world remains."

I visited the Prophet during his ailments and he was suffering from a high fever. I said, "You have a high fever. Is it because you will have a double reward for it?" He said, "Yes, for no Muslim is afflicted with any harm but that Allah will remove his sins as the leaves of a tree fall down."