Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

who was one of the companions of Allah's Apostle and one of the Ansar's who took part in the battle of Badr: I came to Allah's Apostle and said, "O Allah's Apostle I have weak eyesight and I lead my people in prayers. When it rains the water flows in the valley between me and my people so I cannot go to their mosque to lead them in prayer. O Allah's Apostle! I wish you would come to my house and pray in it so that I could take that place as a Musalla. Allah's Apostle said. "Allah willing, I will do so." Next day after the sun rose high, Allah's Apostle and Abu Bakr came and Allah's Apostle asked for permission to enter. I gave him permission and he did not sit on entering the house but said to me, "Where do you like me to pray?" I pointed to a place in my house. So Allah's Apostle stood there and said, 'Allahu Akbar', and we all got up and aligned behind him and offered a two-rak`at prayer and ended it with Taslim. We requested him to stay for a meal called "Khazira" which we had prepared for him. Many members of our family gathered in the house and one of them said, "Where is Malik bin Al-Dukhaishin or Ibn Al-Dukhshun?" One of them replied, "He is a hypocrite and does not love Allah and His Apostle." Hearing that, Allah's Apostle said, "Do not say so. Haven't you seen that he said, 'None has the right to be worshipped but Allah' for Allah's sake only?" He said, "Allah and His Apostle know better. We have seen him helping and advising hypocrites." Allah's Apostle said, "Allah has forbidden the (Hell) fire for those who say, 'None has the right to be worshipped but Allah' for Allah's sake only."

who attended the Badr battle and was from the Ansar, that he came to the Prophet and said, "O Allah's Apostle! I have lost my eyesight and I lead my people in the prayer (as an Imam). When it rains, the valley which is between me and my people, flows with water, and then I cannot go to their mosque to lead them in the prayer. O Allah's Apostle! I wish that you could come and pray in my house so that I may take it as a praying place. The Prophet said, "Allah willing, I will do that." The next morning, soon after the sun had risen, Allah's Apostle came with Abu Bakr. The Prophet asked for the permission to enter and I admitted him. The Prophet had not sat till he had entered the house and said to me, "Where do you like me to pray in your house?" I pointed at a place in my house whereupon he stood and said, "Allahu Akbar." We lined behind him and he prayed two rak`at and finished it with Taslim. We then requested him to stay for a special meal of Khazira which we had prepared. A large number of men from the adjoining area gathered in the house. One of them said, "Where is Malik bin Ad-Dukhshun?" Another man said, "He is a hypocrite and does not love Allah and His Apostle." The Prophet said, "Do not say so. Do you not think that he has said: "None has the right to be worshipped but Allah," seeking Allah's pleasure? The man said, "Allah and His Apostle know better, but we have always seen him mixing with hypocrites and giving them advice." The Prophet said, "Allah has forbidden the (Hell) Fire for those who testify that none has the right to be worshipped but Allah, seeking Allah's pleasure. "

Abu Dawud said : This tradition has also been narrated by Habib b. al-shahid, Humaid, Yunus, and Asim b. al-Ahwal, from Muhammad on the authority of abu Hurairah none of them mentioned what Hammad b. Zaid mentioned from from Hisham that he uttered the takbir; then uttered the takbir and prostrated himself. Hammad b. Sulaimah and Abu BAkr b. ‘Ayyash also narrated this tradition from Hisham, but they did not narrate from him what HAmmad b. zaid narrated that he uttered the takbir and again uttered the takbir.

Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, was brought some milk which was mixed with well-water. There was a Bedouin at his right side and Abu Bakr as-Siddiq on his left. He drank and then gave it to the Bedouin and said, "The right-hand to the right-hand."

Abu Dawud said: This tradition is sounder of the two traditions.

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, heard Abu Bakribn Abd ar-Rahman say, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I had arranged to do hajj, but I was prevented,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do umra in Ramadan, for doing umra in it is like doing hajj.' "

Abu Dawud said: Al-Qassah means lime used as mortar.