Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

When the Verse:-- 'Those who believe and mix not their belief with wrong.' was revealed, the Muslims felt it very hard on them and said, "O Allah's Apostle! Who amongst us does not do wrong to himself?" He replied, "The Verse does not mean this. But that (wrong) means to associate others in worship to Allah: Don't you listen to what Luqman said to his son when he was advising him," O my son! Join not others in worship with Allah. Verily joining others in worship with Allah is a great wrong indeed." (31.13)

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "One of the most evil of people is the two-faced person who shows one face to these people and another face to those people."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "O Allah! Do not make my grave an idol that is worshipped. The anger on those who took the graves of their Prophets as places of prostration was terrible."

Yahya related to me from Malik that Ibn Shihab said, "If someone dedicates an animal as compensation, or for a vow, or as the sacrifice for tamattu, and misfortune befalls it on the road, he must provide a substitute."

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

The Messenger of Allah (saws) came out and saw that the people were praying during (the night of) Ramadan in the corner of the mosque. He asked: Who are these people ? It was said to him that those were people who had not learnt Quran. But Ubayy b. Ka'b is praying and they would pray behind him. The Prophet (saws) said: They did right and it is good what they did.

Abu Dawud said: This tradition is not strong, the narrator Muslim b. Khalid is weak.

Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."

Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."

He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."

Malik related to me from Nafi from Sa'iba, the female mawla of A'isha, that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing the snakes which were in the houses except those with two white stripes on their back and the short ones. They made one go blind and caused miscarriages in women.

"As We have sent down (the Scripture) on those who are divided (Jews and Christians)." (15.90) They believed in part of it and disbelieved in the other, (and they) are the Jews and the Christians.

Yahya related to me from Malik from Said ibn Amr ibn Sulaym az- Zuraqi that he asked al-Qasim ibn Muhammad about a man who made divorce conditional on his marrying a woman i.e. if he married her he would automatically divorce her. Al-Qasim ibn Muhammad said, "If a man marries a woman whom he has made as his mother's back, i.e. has made haram for him, Umar ibn al-Khattab ordered him not to go near her if he married her until he had done the kaffara for pronouncing dhihar."

The Prophet and Abu Bakr employed a (pagan) man from the tribe of Bani Ad-Dail and the tribe of Bani 'Abu bin `Adi as a guide. He was an expert guide and he broke the oath contract which he had to abide by with the tribe of Al-`Asi bin Wail and he was on the religion of Quraish pagans. The Prophet and Abu Bakr had confidence in him and gave him their riding camels and told him to bring them to the Cave of Thaur after three days. So, he brought them their two riding camels after three days and both of them (The Prophet and Abu Bakr) set out accompanied by 'Amir bin Fuhaira and the Dili guide who guided them below Mecca along the road leading to the sea-shore.

¹ i.e. he has not been ostentatious in his obedience. It was related by at-Tirmidhi (also by Ahmad ibn Hanbal and Ibn Majah). Its chain of authorities is sound.

On the day (of the battle) of the Trench, the Ansar were saying, "We are those who have sworn allegiance to Muhammad for Jihaid (for ever) as long as we live." The Prophet replied to them, "O Allah! There is no life except the life of the Hereafter. So honor the Ansar and emigrants with Your Generosity."

The Prophet said, "Who will bring me the information about the enemy on the day (of the battle) of Al-Ahzab (i.e. Clans)?" Az-Zubair said, "I will." The Prophet said again, "Who will bring me the information about the enemy?" Az-Zubair said again, "I will." The Prophet said, "Every prophet had a disciple and my disciple is Az-Zubair. "

The Messenger of Allah (saws) once delayed the congregational night prayer.

He came out and said: The talk of Tamim ad-Dari detained me. He transmitted it to me from a man who was on of of the islands of the sea. All of a sudden he found a woman who was trailing her hair. He asked: Who are you?

She said: I am the Jassasah. Go to that castle. So I came to it and found a man who was trailing his hair, chained in iron collars, and leaping between Heaven and Earth.

I asked: Who are you? He replied: I am the Dajjal (Antichrist). Has the Prophet of the unlettered people come forth now? I replied: Yes. He said: Have they obeyed him or disobeyed him? I said: No, they have obeyed him. He said: That is better for them.

Allah's Apostle said, "While a man was going on a way, he saw a thorny branch and removed it from the way and Allah became pleased by his action and forgave him for that." Then the Prophet said, "Five are martyrs: One who dies of plague, one who dies of an Abdominal disease, one who dies of drowning, one who is buried alive (and) dies and one who is killed in Allah's cause." (The Prophet further said, "If the people knew the reward for pronouncing the Adhan and for standing in the first row (in the congregational prayer) and found no other way to get it except by drawing lots they would do so, and if they knew the reward of offering the Zuhr prayer early (in its stated time), they would race for it and if they knew the reward for `Isha' and Fajr prayers in congregation, they would attend them even if they were to crawl.

Allah's Apostle said, "When a Muslim is questioned in his grave, he will testify that none has the right to be worshipped but Allah and that Muhammad is Allah's Apostle, and that is what is meant by Allah's Statement:-- "Allah will keep firm those who believe with a Word that stands firm in this world and in the Hereafter." (14.27)

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later on the laborer came to me an said. '(O Allah's slave!) Be afraid o Allah, and do not be unjust to me an give me my due.' I said (to him). 'Go and take those cows and their shepherd. So he took them and went away. (So, O Allah!) If You considered that I had done that for seeking Your pleasure, then please remove the remaining part of the rock.' And so Allah released them (from their difficulty).

The Messenger of Allah (saws) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. He said: I had been a judge (for long); or he said (the narrator is doubtful): I have no doubts about a decision afterwards.

We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."

Yahya related to me from Malik from Salih ibn Kaysan from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Zayd ibn Khalid al- Juhani said, "The Messenger of Allah, may Allah bless him and grant him peace, took the subh prayer with us at Hudaybiyya after it had rained in the night. When he had finished he went up to the people and said, 'Do you know what your Lord has said?' They said, 'Allah and His Messenger know best.' He said, 'Some of my slaves have begun the morning believing in Me, and others have begun it rejecting Me. As for those who say, 'We were rained on by the overflowing favour of Allah and His mercy,' they believe in Me and reject the stars. But as for those who say, 'We were rained on by such and such a star, they reject Me and believe in the stars.' "