Yahya related to me from Malik from Abu Bakr ibn Nafi from his father Nafi, the mawla of Ibn Umar that Safiyya bint Abi Ubayd informed him that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said that when the lower garment of women was mentioned to the Messenger of Allah, he said, "She lets it down a handspan." Umm Salama said, "If it leaves her uncovered?" He said, "Then the length of a forearm and let her not increase it."

Who, from among Ka`b's sons, was the guide of Ka`b when he became blind: I heard Ka`b bin Malik narrating the story of (the Ghazwa of) Tabuk in which he failed to take part. Ka`b said, "I did not remain behind Allah's Apostle in any Ghazwa that he fought except the Ghazwa of Tabuk, and I failed to take part in the Ghazwa of Badr, but Allah did not admonish anyone who had not participated in it, for in fact, Allah's Apostle had gone out in search of the caravan of Quraish till Allah made them (i.e. the Muslims) and their enemy meet without any appointment. I witnessed the night of Al-`Aqaba (pledge) with Allah's Apostle when we pledged for Islam, and I would not exchange it for the Badr battle although the Badr battle is more popular amongst the people than it (i.e. Al-`Aqaba pledge). As for my news (in this battle of Tabuk), I had never been stronger or wealthier than I was when I remained behind the Prophet in that Ghazwa. By Allah, never had I two she-camels before, but I had then at the time of this Ghazwa. Whenever Allah's Apostle wanted to make a Ghazwa, he used to hide his intention by apparently referring to different Ghazwa till it was the time of that Ghazwa (of Tabuk) which Allah's Apostle fought in severe heat, facing, a long journey, desert, and the great number of enemy. So the Prophet announced to the Muslims clearly (their destination) so that they might get prepared for their Ghazwa. So he informed them clearly of the destination he was going to. Allah's Apostle was accompanied by a large number of Muslims who could not be listed in a book namely, a register." Ka`b added, "Any man who intended to be absent would think that the matter would remain hidden unless Allah revealed it through Divine Revelation. So Allah's Apostle fought that Ghazwa at the time when the fruits had ripened and the shade looked pleasant. Allah's Apostle and his companions prepared for the battle and I started to go out in order to get myself ready along with them, but I returned without doing anything. I would say to myself, 'I can do that.' So I kept on delaying it every now and then till the people got ready and Allah's Apostle and the Muslims along with him departed, and I had not prepared anything for my departure, and I said, I will prepare myself (for departure) one or two days after him, and then join them.' In the morning following their departure, I went out to get myself ready but returned having done nothing. Then again in the next morning, I went out to get ready but returned without doing anything. Such was the case with me till they hurried away and the battle was missed (by me). Even then I intended to depart to take them over. I wish I had done so! But it was not in my luck. So, after the departure of Allah's Apostle, whenever I went out and walked amongst the people (i.e, the remaining persons), it grieved me that I could see none around me, but one accused of hypocrisy or one of those weak men whom Allah had excused. Allah's Apostle did not remember me till he reached Tabuk. So while he was sitting amongst the people in Tabuk, he said, 'What did Ka`b do?' A man from Banu Salama said, 'O Allah's Apostle! He has been stopped by his two Burdas (i.e. garments) and his looking at his own flanks with pride.' Then Mu`adh bin Jabal said, 'What a bad thing you have said! By Allah! O Allahs Apostle! We know nothing about him but good.' Allah's Apostle kept silent." Ka`b bin Malik added, "When I heard that he (i.e. the Prophet ) was on his way back to Medina. I got dipped in my concern, and began to think of false excuses, saying to myself, 'How can I avoid his anger tomorrow?' And I took the advice of wise member of my family in this matter. When it was said that Allah's Apostle, had come near all the evil false excuses abandoned from my mind and I knew well that I could never come out of this problem by forging a false statement. Then I decided firmly to speak the truth. So Allah's Apostle arrived in the morning, and whenever he returned from a journey., he used to visit the Mosque first of all and offer a two-rak`at prayer therein and then sit for the people. So when he had done all that (this time), those who had failed to join the battle (of Tabuk) came and started offering (false) excuses and taking oaths before him. They were something over eighty men; Allah's Apostle accepted the excuses they had expressed, took their pledge of allegiance asked for Allah's Forgiveness for them, and left the secrets of their hearts for Allah to judge. Then I came to him, and when I greeted him, he smiled a smile of an angry person and then said, 'Come on.' So I came walking till I sat before him. He said to me, 'What stopped you from joining us. Had you not purchased an animal For carrying you?' I answered, "Yes, O Allah's Apostle! But by Allah, if I were sitting before any person from among the people of the world other than you, I would have avoided his anger with an excuse. By Allah, I have been bestowed with the power of speaking fluently and eloquently, but by Allah, I knew well that if today I tell you a lie to seek your favor, Allah would surely make you angry with me in the near future, but if I tell you the truth, though you will get angry because of it, I hope for Allah's Forgiveness. Really, by Allah, there was no excuse for me. By Allah, I had never been stronger or wealthier than I was when I remained behind you.' Then Allah's Apostle said, 'As regards this man, he has surely told the truth. So get up till Allah decides your case.' I got up, and many men of Banu Salama followed me and said to me. 'By Allah, we never witnessed you doing any sin before this. Surely, you failed to offer excuse to Allah's Apostle as the others who did not join him, have offered. The prayer of Allah's Apostle to Allah to forgive you would have been sufficient for you.' By Allah, they continued blaming me so much that I intended to return (to the Prophet) and accuse myself of having told a lie, but I said to them, 'Is there anybody else who has met the same fate as I have?' They replied, 'Yes, there are two men who have said the same thing as you have, and to both of them was given the same order as given to you.' I said, 'Who are they?' They replied, Murara bin Ar-Rabi Al- Amri and Hilal bin Umaiya Al-Waqifi.' By that they mentioned to me two pious men who had attended the Ghazwa (Battle) of Badr, and in whom there was an example for me. So I did not change my mind when they mentioned them to me. Allah's Apostle forbade all the Muslims to talk to us, the three aforesaid persons out of all those who had remained behind in that Ghazwa. So we kept away from the people and they changed their attitude towards us till the very land (where I lived) appeared strange to me as if I did not know it. We remained in that condition for fifty nights. As regards my two fellows, they remained in their houses and kept on weeping, but I was the youngest of them and the firmest of them, so I used to go out and witness the prayers along with the Muslims and roam about in the markets, but none would talk to me, and I would come to Allah's Apostle and greet him while he was sitting In his gathering after the prayer, and I would wonder whether the Prophet did move his lips in return to my greetings or not. Then I would offer my prayer near to him and look at him stealthily. When I was busy with my prayer, he would turn his face towards me, but when I turned my face to him, he would turn his face away from me. When this harsh attitude of the people lasted long, I walked till I scaled the wall of the garden of Abu Qatada who was my cousin and dearest person to me, and I offered my greetings to him. By Allah, he did not return my greetings. I said, 'O Abu Qatada! I beseech you by Allah! Do you know that I love Allah and His Apostle?' He kept quiet. I asked him again, beseeching him by Allah, but he remained silent. Then I asked him again in the Name of Allah. He said, "Allah and His Apostle know it better.' Thereupon my eyes flowed with tears and I returned and jumped over the wall." Ka`b added, "While I was walking in the market of Medina, suddenly I saw a Nabati (i.e. a Christian farmer) from the Nabatis of Sham who came to sell his grains in Medina, saying, 'Who will lead me to Ka`b bin Malik?' The people began to point (me) out for him till he came to me and handed me a letter from the king of Ghassan in which the following was written: "To proceed, I have been informed that your friend (i.e. the Prophet ) has treated you harshly. Anyhow, Allah does not let you live at a place where you feel inferior and your right is lost. So join us, and we will console you." When I read it, I said to myself, 'This is also a sort of a test.' Then I took the letter to the oven and made a fire therein by burning it. When forty out of the fifty nights elapsed, behold ! There came to me the messenger of Allah's Apostle and said, 'Allah's Apostle orders you to keep away from your wife,' I said, 'Should I divorce her; or else! what should I do?' He said, 'No, only keep aloof from her and do not cohabit her.' The Prophet sent the same message to my two fellows. Then I said to my wife. 'Go to your parents and remain with them till Allah gives His Verdict in this matter." Ka`b added, "The wife of Hilal bin Umaiya came to Apostle and said, 'O Allah's Apostle! Hilal bin Umaiya is a helpless old man who has no servant to attend on him. Do you dislike that I should serve him? ' He said, 'No (you can serve him) but he should not come near you.' She said, 'By Allah, he has no desire for anything. By, Allah, he has never ceased weeping till his case began till this day of his.' (continued...) (continuing... 1): -5.702:... ... On that, some of my family members said to me, 'Will you also ask Allah's Apostle to permit your wife (to serve you) as he has permitted the wife of Hilal bin Umaiya to serve him?' I said, 'By Allah, I will not ask the permission of Allah's Apostle regarding her, for I do not know What Allah's Apostle would say if I asked him to permit her (to serve me) while I am a young man.' Then I remained in that state for ten more nights after that till the period of fifty nights was completed starting from the time when Allah's Apostle prohibited the people from talking to us. When I had offered the Fajr prayer on the 50th morning on the roof of one of our houses and while I was sitting in the condition which Allah described (in the Qur'an) i.e. my very soul seemed straitened to me and even the earth seemed narrow to me for all its spaciousness, there I heard the voice of one who had ascended the mountain of Sala' calling with his loudest voice, 'O Ka`b bin Malik! Be happy (by receiving good tidings).' I fell down in prostration before Allah, realizing that relief has come. Allah's Apostle had announced the acceptance of our repentance by Allah when he had offered the Fajr prayer. The people then went out to congratulate us. Some bringers of good tidings went out to my two fellows, and a horseman came to me in haste, and a man of Banu Aslam came running and ascended the mountain and his voice was swifter than the horse. When he (i.e. the man) whose voice I had heard, came to me conveying the good tidings, I took off my garments and dressed him with them; and by Allah, I owned no other garments than them on that day. Then I borrowed two garments and wore them and went to Allah's Apostle. The people started receiving me in batches, congratulating me on Allah's Acceptance of my repentance, saying, 'We congratulate you on Allah's Acceptance of your repentance." Ka`b further said, "When I entered the Mosque. I saw Allah's Apostle sitting with the people around him. Talha bin Ubaidullah swiftly came to me, shook hands with me and congratulated me. By Allah, none of the Muhajirin (i.e. Emigrants) got up for me except him (i.e. Talha), and I will never forget this for Talha." Ka`b added, "When I greeted Allah's Apostle he, his face being bright with joy, said "Be happy with the best day that you have got ever since your mother delivered you." Ka`b added, "I said to the Prophet 'Is this forgiveness from you or from Allah?' He said, 'No, it is from Allah.' Whenever Allah's Apostle became happy, his face would shine as if it were a piece of moon, and we all knew that characteristic of him. When I sat before him, I said, 'O Allah's Apostle! Because of the acceptance of my repentance I will give up all my wealth as alms for the Sake of Allah and His Apostle. Allah's Apostle said, 'Keep some of your wealth, as it will be better for you.' I said, 'So I will keep my share from Khaibar with me,' and added, 'O Allah's Apostle! Allah has saved me for telling the truth; so it is a part of my repentance not to tell but the truth as long as I am alive. By Allah, I do not know anyone of the Muslims whom Allah has helped fortelling the truth more than me. Since I have mentioned that truth to Allah's Apostle till today, I have never intended to tell a lie. I hope that Allah will also save me (from telling lies) the rest of my life. So Allah revealed to His Apostle the Verse:-- "Verily, Allah has forgiven the Prophet, the Muhajirin (i.e. Emigrants (up to His Saying) And be with those who are true (in word and deed)." (9.117-119) By Allah, Allah has never bestowed upon me, apart from His guiding me to Islam, a Greater blessing than the fact that I did not tell a lie to Allah's Apostle which would have caused me to perish as those who have told a lie perished, for Allah described those who told lies with the worst description He ever attributed to anybody else. Allah said:-- "They (i.e. the hypocrites) will swear by Allah to you when you return to them (up to His Saying) Certainly Allah is not pleased with the rebellious people-- " (9.95-96) Ka`b added, "We, the three persons, differed altogether from those whose excuses Allah's Apostle accepted when they swore to him. He took their pledge of allegiance and asked Allah to forgive them, but Allah's Apostle left our case pending till Allah gave His Judgment about it. As for that Allah said):-- And to the three (He did for give also) who remained behind." (9.118) What Allah said (in this Verse) does not indicate our failure to take part in the Ghazwa, but it refers to the deferment of making a decision by the Prophet about our case in contrast to the case of those who had taken an oath before him and he excused them by accepting their excuses.

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

I was the first man among the Arabs to throw an arrow for Allah's Cause. We used to fight in Allah's Cause while we had nothing to eat except the leaves of the Hubla and the Sumur trees (desert trees) so that we discharged excrement like that of sheep (i.e. unmixed droppings). Today the (people of the) tribe of Bani Asad teach me the laws of Islam. If so, then I am lost, and all my efforts of that hard time had gone in vain.

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

Allah's Apostle said, "Cut the moustaches short and leave the beard (as it is).

While we were with the Prophet, he said, "Will you swear to me the pledge of allegiance that you will not worship any thing besides Allah, will not commit illegal sexual intercourse, and will not steal?" Then he recited the Verse concerning the women. (Sufyan, the subnarrator, often said that the Prophet: added, "Whoever among you fulfills his pledge, will receive his reward from Allah, and whoever commits any of those sins and receives the legal punishment (in this life), his punishment will be an expiation for that sin; and whoever commits any of those sins and Allah screens him, then it is up to Allah to punish or forgive them."

The Messenger of Allah (saws) did not make a prostration at any verse in al-Mufassal from the time he moved to Medina.

I said, "O Allah's Apostle! Shouldn't we participate in Holy battles and Jihad along with you?" He replied, "The best and the most superior Jihad (for women) is Hajj which is accepted by Allah." `Aisha added: Ever since I heard that from Allah's Apostle I have determined not to miss Hajj.

On the day of Al-Ahzab (i.e. Clans) the Prophet said, "None of you Muslims) should offer the `Asr prayer but at Banu Quraiza's place." The `Asr prayer became due for some of them on the way. Some of those said, "We will not offer it till we reach it, the place of Banu Quraiza," while some others said, "No, we will pray at this spot, for the Prophet did not mean that for us." Later on It was mentioned to the Prophet and he did not berate any of the two groups.

Yahya related to me from Malik from Yahya ibn Said, that Said ibn al-Musayyab said, "For every piercing wound in any of the organs or limbs of the body, one third of the blood-money of that limb is payable."

This hadith was mentioned through another chain.

I was in the company of Jabir bin `Abdullah on a journey and he used to serve me though he was older than I. Jarir said, "I saw the Ansar doing a thing (i.e. showing great reverence to the Prophet ) for which I have vowed that whenever I meet any of them, I will serve him."

"The Messenger of Allah (saws) arrived in Makkah, and he had four braids."

[Abu 'Eisa said:] This Hadith is Gharib. Muhammad said: "I do not know of Mujahid (a narrator) hearing from Umm Hani."

Some people from the Ansar asked Allah's Apostle (to give them something) and he gave to everyone of them, who asked him, until all that he had was finished. When everything was finished and he had spent all that was in his hand, he said to them, '"(Know) that if I have any wealth, I will not withhold it from you (to keep for somebody else); And (know) that he who refrains from begging others (or doing prohibited deeds), Allah will make him contented and not in need of others; and he who remains patient, Allah will bestow patience upon him, and he who is satisfied with what he has, Allah will make him self-sufficient. And there is no gift better and vast (you may be given) than patience."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Abu Salama ibn Abd ar-Rahman 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, used to fast for so long that we thought he would never stop fasting, and he would go without fasting for so long that we thought he would never fast again. I never saw the Messenger of Allah, may Allah bless him and grant him peace, fast for a complete month except for Ramadan, and I never saw him do more fasting in any one month than he did in Shaban.'

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

The jews came to Allah's Apostle and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah regarding the Rajam?" They replied, "We only disgrace and flog them with stripes." `Abdullah bin Salam said to them, 'You have told a lie the penalty of Rajam is in the Torah.' They brought the Torah and opened it. One of them put his hand over the verse of the Rajam and read what was before and after it. `Abdullah bin Salam said to him, "Lift up your hand." Where he lifted it there appeared the verse of the Rajam. So they said, "O Muhammad! He has said the truth, the verse of the Rajam is in it (Torah)." Then Allah's Apostle ordered that the two persons (guilty of illegal sexual intercourse) be stoned to death, and so they were stoned, and I saw the man bending over the woman so as to protect her from the stones.

A man came to the Prophet (saws) and said: Messenger of Allah, they ask thee for a legal decision about a kalalah. What is meant by kalalah? He replied: The verse revealed in summer is sufficient for you.

I asked AbuIshaq: Does it mean a person who dies and leaves neither children nor father? He said: This is so. The people think it is so.

The Messenger of Allah (saws) commanded to kill him: he was a spy of AbuSufyan and an ally of a man of the Ansar. He passed a circle of the Ansar and said: I am a Muslim. A man from the Ansar said, Messenger of Allah, he is saying that he is a Muslim. The Messenger of Allah (saws) said: There are people among you in whose faith we trust. Furat ibn Hayyan is one of them.

The Prophet (saws) said: When an imam stands up at the end of two rak'ahs , if he remembers before standing straight up, he should sit down, but if he stands straight up, he must not sit down, but perform the two prostrations of forgetfulness.

Abu Dawud said: I have not narrated in this book of mine any hadith from Jabir Al-Ju'fi (one of the narrators) except this one.

Rabi'ah ibn al-Hudayr said: I did not hear Talhah ibn Ubaydullah narrating any tradition from the Messenger of Allah (saws) except one tradition. I (Rabi'ah ibn AbuAbdurRahman) asked: What is that? He said: We went out along with the Messenger of Allah (saws) who was going to visit the graves of the martyrs. When we ascended Harrah Waqim, and then descended from it, we found there some graves at the turning of the valley. We asked: Messenger of Allah, are these the graves of our brethren? He replied: Graves of our companions. When we came to the graves of martyrs, he said: These are the graves of our brethren.

The Prophet heard the voices of some people quarreling near his gate, so he went to them and said, "I am only a human being and litigants with cases of disputes come to me, and maybe one of them presents his case eloquently in a more convincing and impressive way than the other, and I give my verdict in his favor thinking he is truthful. So if I give a Muslim's right to another (by mistake), then that (property) is a piece of Fire, which is up to him to take it or leave it." (See Hadith No. 281 )

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths