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."

Khawlah was the wife of Aws ibn as-Samit; he was a man immensely given to sexual intercourse. When his desire for intercourse was intensified, he made his wife like his mother's back. So Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.

The Prophet (saws) Said: The children of a man come from what he earns, rather they are his pleasantest earning; so enjoy from their property.

Abu Dawud said: Hammad b. Abi Sulaiman added in his version: "When you need." But this (addition) is munkar (not authoritative).

The Messenger of Allah (saws) forbade wearing clothes in two styles: that a man sits in a single garment with his hands round his knees and uncover his private parts towards heaven and that he wears his garment while one of his sides is uncovered, and puts the garment on his shoulders.

On his father's authority said that his grandfather reported the Prophet (saws) said: A believer will not be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to the relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept blood-wit

Zayd ibn Wahb said: A man was brought to Ibn Mas'ud. He was told: This is so and so, and wine was dropping from his beard. Abdullah thereupon said: We have been prohibited to seek out (faults). If anything becomes manifest to us, we shall seize it.

Malik related to me from Hisham ibn Urwa that his father used to rent out his land for gold and silver.

Malik was asked about a man who rented his field for 100 sa of dates or part of its produce of wheat or from other than its produce. He disapproved of that.

Regarding the Verse:--"If a woman fears cruelty or desertion on her husband's part." (4.128) It is about a man who has a woman (wife) and he does not like her and wants to divorce her but she says to him, "I make you free as regards myself." So this Verse was revealed in this connection.

Allah's Apostle said (to me), "You were shown to me twice in (my) dream. Behold, a man was carrying you in a silken piece of cloth and said to me, "She is your wife, so uncover her,' and behold, it was you. I would then say (to myself), 'If this is from Allah, then it must happen.' "

Allah's Apostle said to a man from the tribe of Al-Aslam, "Proclaim among your people (or the people) on the day of 'Ashura' (tenth of Muharram), 'Whosoever has eaten anything should fast for the rest of the day; and whoever has not eaten anything, should complete his fast.' "

Allah's Apostle said, "A person is considered in prayer as long as he is waiting for the prayer in the mosque as long as he does not do Hadath." A non-Arab man asked, "O Abu Huraira! What is Hadath?" I replied, "It is the passing of wind (from the anus) (that is one of the types of Hadath).

On the day of Khaibar, Allah's Apostle divided (the war booty of Khaibar) with the ratio of two shares for the horse and one-share for the foot soldier. (The sub-narrator, Nafi` explained this, saying, "If a man had a horse, he was given three shares and if he had no horse, then he was given one share.")

The Verse of Hajj-at-Tamatu was revealed in Allah's Book, so we performed it with Allah's Apostle, and nothing was revealed in Qur'an to make it illegal, nor did the Prophet prohibit it till he died. But the man (who regarded it illegal) just expressed what his own mind suggested.

AbulHaytham ibn at-Tayhan prepared food for the Messenger of Allah (saws), and he invited the Prophet (saws) and his Companions. When they finished (food), the said: If some people enter the house of a man, his food is eaten and his drink is drunk, and they supplicate (to Allah) for him, this is his reward.

Yahya related to me from Malih from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade the transaction called habal alhabala. It was a transaction which the people of Jahiliya practised. A man would buy the unborn offspring of the unborn offspring of a she-camel.

Malik related to me from Said ibn Abi Said al-Maqburi from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a woman who believes in Allah and the Last Day to travel the distance of a day and night without a man who is her mahram."

We went out with Allah's Apostle to Khaibar, and when we reached As-Sahba', the Prophet asked for food, and he was offered nothing but Sawiq. We ate, and then Allah's Apostle stood up for the prayer. He rinsed his mouth with water, and we too, rinsed our mouths.