Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not ...

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 ...

Allah's Apostle addressed the people, and after praising and glorifying Allah, he said, "What do you suggest me regarding those people who are abusing my wife? I have never known anything bad about her." The sub-narrator, `Urwa, said: When `Aisha was told of the slander, she said, "O Allah's Apostle! Will you allow me to go to my parents' home?" He allowed her and sent a slave along with her. An Ansari man said, "Subhanaka! It is not right for us to speak about this. Subhanaka! This is a great lie!"

On the day of the battle of Al-Yarmuk, the companions of the Prophet said to Az-Zubair, "Will you attack the enemy vigorously so that we may attack them along with you?" So Az-Zubair attacked them, and they inflicted two wounds over his shoulder, and in between these two wounds there was an old scar he had received on the day of the battle of Badr When I was a child, I used to insert my fingers into those scars in play.

Allah's Apostle said, "A man who never did any good deed, said that if he died, his family should burn him and throw half the ashes of his burnt body in the earth and the other half in the sea, for by Allah, if Allah should get hold of him, He would inflict such punishment on him as He would not inflict on anybody among the people. But Allah ordered the sea to collect what was in it (of his ashes) and similarly ordered the earth to collect what was in it (of his ashes). Then Allah said (to the recreated man ), 'Why did you do so?' The man replied, 'For being afraid of You, and You know it (very well).' So Allah forgave him."

I asked Aba Salama bin `Abdur-Rahman about the first Sura revealed of the Qur'an. He replied "O you, wrapped-up (i.e. Al Muddaththir)." I said, "They say it was, 'Read, in the Name of your Lord Who created,' (i.e. Surat Al-`Alaq (the Clot)." On that, Abu Salama said, "I asked Jabir bin `Abdullah about that, saying the same as you have said, whereupon he said, 'I will not tell you except what Allah's Apostle had told us. Allah's Apostle said, "I was in seclusion in the cave of Hiram', and after I completed the limited period of my seclusion. I came down (from the cave) and heard a voice calling me. I looked to my right, but saw nothing. Then I looked up and saw something. So I went to Khadija (the Prophet's wife) and told her to wrap me up and pour cold water on me. So they wrapped me up and poured cold water on me." Then, 'O you, (Muhammad) wrapped up! Arise and warn,' (Surat Al Muddaththir) was revealed." (74.1)

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man said to his family that he had never done a good action, and that when he died they were to burn him and then scatter half of him on the land and half of him on the sea, and by Allah, if Allah destined it for him He would punish him with a punishment which He had not punished anyone else with in all the worlds. When the man died, they did as he had told them. Then Allah told the land to collect everything that was in it, and told the sea to collect everything that was in it, and then He said to the man, 'Why did you do this?' and he said, 'From fear of You, Lord, and You know best.' "

Abu Hurayra added, "And He forgave him."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I never once saw the Messenger of Allah, may Allah bless him and grant him peace, doing the voluntary prayer of duha, but I myself do it. Sometimes the Messenger of Allah, may Allah bless him and grant him peace, would refrain from a practice that he loved to do, fearing that people would do the same and it would become fard for them ."

AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (saws) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.

He said: Ask the Messenger of Allah (saws) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me.

So they mentioned it to the Messenger of Allah (saws) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (saws) commanded them to take one hundred twigs and strike him once.

The Messenger of Allah (saws) said: The first defect that permeated Banu Isra'il was that a man (of them) met another man and said: O so-and-so, fear Allah, and abandon what you are doing, for it is not lawful for you. He then met him the next day and that did not prevent him from eating with him, drinking with him and sitting with him. When they did so. Allah mingled their hearts with each other.

He then recited the verse: "curses were pronounced on those among the children of Isra'il who rejected Faith, by the tongue of David and of Jesus the son of Mary"...up to "wrongdoers".

He then said: By no means, I swear by Allah, you must enjoin what is good and prohibit what is evil, prevent the wrongdoer, bend him into conformity with what is right, and restrict him to what is right.

On the day of Badr, the Prophet said, "Who will go and see what has happened to Abu Jahl?" Ibn Mas`ud went and found that the two sons of 'Afra had struck him fatally. `Abdullah bin Mas`ud got hold of his beard and said, "'Are you Abu Jahl?" He replied, "Can there be a man more superior to one whom his own folk have killed (or you have killed)?"

'Umar consulted the people about the compensation of abortion of woman. Al-Mughirah b. Shu'bah said: I was present with the Messenger of Allah (saws) when he gave judgement that a male or female slave should testify you. So he brought Muhammad b. Maslamah to him. Harun added: He then testified him.

Imlas means a man striking the belly of his wife.

Abu Dawud said: I have been informed that Abu 'Ubaid said: It (abortion) is called imlas because the woman causes it to slip before the time of delivery. Similarly, anything which slips from the hand or from some other thing is called malasa (slipped).

The Prophet said, "Nobody has ever eaten a better meal than that which one has earned by working with one's own hands. The Prophet of Allah, David used to eat from the earnings of his manual labor."

I never saw the Messenger of Allah (saws) raising his hands and praying on the pulpit or otherwise. But I saw him saying (doing) this way, and he would point with his forefinger making a circle by joining the middle finger with his thumb.

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

The Prophet delivered a sermon the like of which I had never heard before. He said, "If you but knew what I know then you would have laughed little and wept much." On hearing that, the companions of the Prophet covered their faces and the sound of their weeping was heard. A man said, "Who is my father?" The Prophet said, "So-and-so." So this Verse was revealed: "Ask not about things which, if made plain to you, may cause you trouble." (5.101)

`Umar asked the people regarding Allah's Statement: 'When comes the Help of Allah (to you O Muhammad against your enemies) and the conquest of Mecca.' (110.1) They replied, "It indicates the future conquest of towns and palaces (by Muslims)." `Umar said, "What do you say about it, O Ibn `Abbas?" I replied, "(This Surat) indicates the termination of the life of Muhammad. Through it he was informed of the nearness of his death."

Abu Dawud said: I heard Ahmad b. Hanbal say: Muhammad b. Thabit reported a rejected tradition.

Ibn Dasah said: Abu Dawud said: No one supported Muhammad b. Thabit in respect of narrating this tradition as to striking the wall twice (for wiping) from the Prophet (saws), but reported it as an action of Ibn 'Umar.

Aisha told me, "Allah's Apostle used to examine them according to this Verse: "O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft- Forgiving, Most Merciful." (60.10-12) Aisha said, "When any of them agreed to that condition Allah's Apostle would say to her, 'I have accepted your pledge of allegiance.' He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).

Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid from al Muttalib ibn Abi Wadaa as-Sahmi that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, said, "I never saw the Messenger of Allah, may Allah bless him and grant him peace, praying nawafil sitting, until a year before his death, when he began to pray them sitting. He would recite the sura with a measured slowness so that it would seem to be longer than other suras which were actually longer than it."

Ibn `Umar asked me about some matters concerning `Umar. He said, "Since Allah's Apostle died. I have never seen anybody more serious, hard working and generous than `Umar bin Al-Khattab (till the end of his life."

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Allah's Apostle got up when the Verse:--'And warn your tribe of near kindred...." (26.214) was revealed and said, "O Quraish people! (or he said a similar word) Buy yourselves! I cannot save you from Allah (if you disobey Him) O Bani Abu Manaf! I cannot save you from Allah (if you disobey Him). O `Abbas! The son of `Abdul Muttalib! I cannot save you from Allah (if you disobey Him) O Safiya, (the aunt of Allah's Apostle) I cannot save you from Allah (if you disobey Him). O Fatima, the daughter of Muhammad ! Ask what you wish from my property, but I cannot save you from Allah (if you disobey Him).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do tayammum up to his elbows.

Malik was asked about how tayammum was done and what parts were covered and he said, "Strike the ground once for the face and once for the arms and wipe them to the elbows."

Yahya related to me from Malik that Hisham ibn Urwa said, "I only ever saw my father in front of a funeral procession." He added, "Then he would come to al-Baqi and sit down until the procession passed him."

Whenever the Prophet was given an option between two things, he used to select the easier of the tow as long as it was not sinful; but if it was sinful, he would remain far from it. By Allah, he never took revenge for himself concerning any matter that was presented to him, but when Allah's Limits were transgressed, he would take revenge for Allah's Sake.

Never was the Prophet asked for a thing to be given for which his answer was 'no'.

When Allah revealed the Verse: "Warn your nearest kinsmen," Allah's Apostle got up and said, "O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah's Punishment; O Bani `Abd Manaf! I cannot save you from Allah's Punishment, O Safiya, the Aunt of Allah's Apostle! I cannot save you from Allah's Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah's Punishment."

I never heard `Umar saying about something that he thought it would be so-and-so, but he was quite right. Once, while `Umar was sitting, a handsome man passed by him, `Umar said, "If I am not wrong, this person is still on his religion of the pre-lslamic period of ignorance or he was their foreteller. Call the man to me." When the man was called to him, he told him of his thought. The man said, "I have never seen such a day on which a Muslim is faced with such an accusation." `Umar said, "I am determined that you should tell me the truth." He said, "I was a foreteller in the pre-lslamic period of ignorance." Then `Umar said, "Tell me the most astonishing thing your female Jinn has told you of." He said, "One-day while I was in the market, she came to me scared and said, 'Haven't you seen the Jinns and their despair and they were overthrown after their defeat (and prevented from listening to the news of the heaven) so that they (stopped going to the sky and) kept following camel-riders (i.e. 'Arabs)?" `Umar said, "He is right." and added, "One day while I was near their idols, there came a man with a calf and slaughtered it as a sacrifice (for the idols). An (unseen) creature shouted at him, and I have never heard harsher than his voice. He was crying, 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except you (O Allah).' On that the people fled, but I said, 'I shall not go away till I know what is behind this.' Then the cry came again: 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except Allah.' I then went away and a few days later it was said, "A prophet has appeared."

The Prophet never criticized any food (he was invited to) but he used to eat if he liked the food, and leave it if he disliked it.