The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

I went to `Uthman. After reciting Tashah-hud, he said,. "Then after no doubt, Allah sent Muhammad with the Truth, and I was amongst those who responded to the Call of Allah and His Prophet and believed in the message of Muhammad. Then took part in the two migrations. I became the son-in-law of Allah's Apostle and gave the pledge of allegiance to him By Allah, I never disobeyed him, nor did I deceive him till Allah took him unto Him."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

A bedouin came to the Prophet while he (the Prophet) was sitting, and said, "O Allah's Apostle! Give your verdict according to Allah's Laws (in our case)." Then his opponent got up and said, "He has told the truth, O Allah's Apostle! Decide his case according to Allah's Laws. My son was a laborer working for this person, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I offered one-hundred sheep and a slave girl as a ransom for him. Then I asked the religious learned people, and they told me that my son should be flogged with one-hundred stripes and be exiled for one year." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws. The sheep and the slave girl will be returned to you and your son will be flogged one-hundred stripes and be exiled for one year. And you, O Unais! Go to the wife of this man (and if she confesses), stone her to death." So Unais went in the morning and stoned her to death (after she had confessed).

The Holy Prophet (saws) gave a decision between two men, and the one against whom the decision was given turned away and said: For me Allah sufficeth, and He is the best dispenser of affairs. The Holy Prophet (saws) said: Allah, Most High, blames for falling short, but apply intelligence, and when the matter gets the better of you, say; For me Allah sufficeth, and He is the best disposer of affairs.

That the Prophet (saws) said: "Shall I not inform you of the best of the people ? A man who takes hold of the reins of his horse in Allah's cause. Shall I not inform you of the one who comes after him ? The man who secludes himself from the people with a small group of sheep of his, thereby fulfilling Allah's right. Shall I not inform you about the worst of the people ? A man who is asked by (the Name of) Allah, but not given by Him."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. This Hadith has been reported through other routes from Ibn 'Abbas, from the Prophet (saws).

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

The Messenger of Allah (saws) would give a third of the spoils after he would keep off the fifth.

A man whose face was covered with an iron mask (i.e. clad in armor) came to the Prophet and said, "O Allah's Apostle! Shall I fight or embrace Islam first? "The Prophet said, "Embrace Islam first and then fight." So he embraced Islam, and was martyred. Allah's Apostle said, A Little work, but a great reward. "(He did very little (after embracing Islam), but he will be rewarded in abundance).

I heard Jarir bin 'Abdullah (Praising Allah). On the day when Al-Mughira bin Shu'ba died, he (Jarir) got up (on the pulpit) and thanked and praised Allah and said, "Be afraid of Allah alone Who has none along with Him to be worshipped.(You should) be calm and quiet till the (new) chief comes to you and he will come to you soon. Ask Allah's forgiveness for your (late) chief because he himself loved to forgive others." Jarir added, "Amma badu (now then), I went to the Prophet and said, 'I give my pledge of allegiance to you for Islam." The Prophet conditioned (my pledge) for me to be sincere and true to every Muslim so I gave my pledge to him for this. By the Lord of this mosque! I am sincere and true to you (Muslims). Then Jarir asked for Allah's forgiveness and came down (from the pulpit).

I asked `Urwa bin Az-Zubair (regarding the Hajj of the Prophet ). `Urwa replied, "Aisha narrated, 'When the Prophet reached Mecca, the first thing he started with was the ablution, then he performed Tawaf of the Ka`ba and his intention was not `Umra alone (but Hajj and `Umra together).' " Later Abu Bakr I performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone (but Hajj and `Umra together). And then `Umar did the same. Then `Uthman performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone. And then Muawiya and `Abdullah bin `Umar did the same. I performed Hajj with Ibn Az-Zubair and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone, (but Hajj and `Umra together). Then I saw the Muhajirin (Emigrants) and Ansar doing the same and it was not `Umra alone. And the last person I saw doing the same was Ibn `Umar, and he did not do another `Umra after finishing the first. Now here is Ibn `Umar present amongst the people! They neither ask him nor anyone of the previous ones. And all these people, on entering Mecca, would not start with anything unless they had performed Tawaf of the Ka`ba, and would not finish their Ihram. And no doubt, I saw my mother and my aunt, on entering Mecca doing nothing before performing Tawaf of the Ka`ba, and they would not finish their lhram. And my mother informed me that she, her sister, Az-Zubair and such and such persons had assumed lhram for `Umra and after passing their hands over the Corner (the Black Stone) (i.e. finishing their Umra) they finished their Ihram."

'Alaqama went to Sham and came to the mosque and offered a two-rak`at prayer, and invoked Allah: "O Allah! Bless me with a (pious) good companion." So he sat beside Abu Ad-Darda' who asked, "From where are you?" He said, "From the people of Kufa." Abu Darda' said, "Wasn't there among you the person who keeps the secrets (of the Prophet ) which nobody knew except him (i.e., Hudhaifa (bin Al-Yaman)). And isn't there among you the person whom Allah gave refuge from Satan through the request (tongue) of Allah's Apostle? (i.e., `Ammar). Isn't there among you the one who used to carry the Siwak and the cushion (or pillows (of the Prophets)? (i.e., Ibn Mas`ud). How did Ibn Mas`ud use to recite 'By the night as it conceals (the light)?" (Sura 92). 'Alqama said, "Wadhdhakari Wal Untha' (And by male and female.") Abu Ad-Darda added. 'These people continued to argue with me regarding it till they were about to cause me to have doubts although I heard it from Allah's Apostle."

Malik said, "It is not halal to eat any game that has been hunted in the Haram, or has had a dog set after it in the Haram and then been killed outside the Haram. Anyone that does that has to pay a forfeit for what has been hunted. However, some one that sets his dog after game outside the Haram and then follows it until it is hunted down in the Haram does not have to pay any forfeit, unless he set the dog after the game near to the Haram. The game should not be eaten, however. If he set the dog loose near the Haram then he has to pay a forfeit for the game."

AbulMalih said: Some women of Syria came to Aisha. She asked them: From whom are you? They replied: From the people of Syria. She said: Perhaps you belong to the place where women enter hot baths (for washing ). The said: Yes. She said: I heard the Messenger of Allah (saws) say: If a woman puts off her clothes in a place other than her house, she tears the veil between her and Allah, the Exalted.

Abu Dawud said: This is the tradition narrated by Jarir, and it is more perfect. Jarir did not mention Abu al-Malih. He said (on the authority of 'A'ishah) that the Messenger of Allah (saws) said.

"I had an agreement with Umaiya bin Khalaf (that he would look after my relatives and property in Mecca, and I would look after his relatives and property in Medina)." `Abdur-Rahman then mentioned the killing of Umaiya and his son on the day of Badr, and Bilal said, "Woe to me if Umaiya remains safe (i.e. alive) . "

When a woman went out in the time of the Prophet (saws) for prayer, a man attacked her and overpowered (raped) her.

She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Messenger of Allah (saws).

When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her.

He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.

He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.

Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.

(the wife of the Prophet) I said, "O Allah's Apostle! Why have the people finished their Ihram after performing the `Umra while you have not finished your lhram after your `Umra?" He said, "I have done Talbid (of my hair) and have decorated my Hadis with garlands, so I shall not finish my lhram till l have slaughtered my Hadi (animal for sacrifice).

Rarely did the Prophet fail to visit Abu Bakr's house everyday, either in the morning or in the evening. When the permission for migration to Medina was granted, all of a sudden the Prophet came to us at noon and Abu Bakr was informed, who said, "Certainly the Prophet has come for some urgent matter." The Prophet said to Abu Bark, when the latter entered "Let nobody stay in your home." Abu Bakr said, "O Allah's Apostle! There are only my two daughters (namely `Aisha and Asma') present." The Prophet said, "I feel (am informed) that I have been granted the permission for migration." Abu Bakr said, "I will accompany you, O Allah's Apostle!" The Prophet said, "You will accompany me." Abu Bakr then said "O Allah's Apostle! I have two she-camels I have prepared specially for migration, so I offer you one of them. The Prophet said, "I have accepted it on the condition that I will pay its price."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

Ibn `Abbas said: "Allah's Apostle delivered a sermon on the Day of Nahr, and said, 'O people! (Tell me) what is the day today?' The people replied, 'It is the forbidden (sacred) day.' He asked again, 'What town is this?' They replied, 'It is the forbidden (Sacred) town.' He asked, 'Which month is this?' They replied, 'It is the forbidden (Sacred) month.' He said, 'No doubt! Your blood, your properties, and your honor are sacred to one another like the sanctity of this day of yours, in this (sacred) town (Mecca) of yours, in this month of yours.' The Prophet repeated his statement again and again. After that he raised his head and said, 'O Allah! Haven't conveyed (Your Message) to them'. Haven't I conveyed Your Message to them?' " Ibn `Abbas added, "By Him in Whose Hand my soul is, the following was his will (Prophet's will) to his followers:--It is incumbent upon those who are present to convey this information to those who are absent Beware don't renegade (as) disbelievers (turn into infidels) after me, Striking the necks (cutting the throats) of one another.' "

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

(as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry.' (4.127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.

"The Prophet after finishing the prayer with Taslim used to stay at his place for a while." Ibn Shihab said, "I think (and Allah knows better), that he used to wait for the departure of the women who had prayed." Ibn Shihab wrote that he had heard it from Hind bint Al-Harith Al-Firasiya from Um Salama, the wife of the Prophet (Hind was from the companions of Um Salama) who said, "When the Prophet finished the prayer with Taslim, the women would depart and enter their houses before Allah's Apostle departed."

Yahya related to me from Malik from Abdullah ibn Abi Bakr that Asma bint Umays washed Abu Bakr as-Siddiq when he died. Then she went out and asked some of the muhajirun who were there, "I am fasting and this is an extremely cold day. Do I have to do ghusl?" They said, "No."

I was present with my two maternal uncles at Al-`Aqaba (where the pledge of allegiance was given). (Ibn 'Uyaina said, "One of the two was Al-Bara' bin Marur.")

`Umar saw a silken cloak being sold in the market and he brought it to Allah's Apostle and said, "O Allah's Apostle! Buy this cloak and adorn yourself with it on the `Id festivals and on meeting the delegations." Allah's Apostle replied, "This is the dress for the one who will have no share in the Hereafter (or, this is worn by one who will have no share in the Hereafter)." After sometime had passed, Allah's Apostle sent a silken cloak to `Umar. `Umar took it and brought it to Allah's Apostle and said, "O Allah's Apostle! You have said that this is the dress of that who will have no share in the Hereafter (or, this is worn by one who will have no share in the Hereafter), yet you have sent me this!" The Prophet said," I have sent it) so that you may sell it or fulfill with it some of your needs."

Yahya related to me from Malik that he had heard that one of the administrators of Umar ibn Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to Umar and mentioned that to him, and Umar wrote back telling him to take the zakat from him.

The Prophet left Medina (for Mecca) in the company of ten-thousand (Muslim warriors) in (the month of) Ramadan, and that was eight and a half years after his migration to Medina. He and the Muslims who were with him, proceeded on their way to Mecca. He was fasting and they were fasting, but when they reached a place called Al-Kadid which was a place of water between 'Usfan and Kudaid, he broke his fast and so did they. (Az-Zuhri said, "One should take the last action of Allah's Apostle and leave his early action (while taking a verdict.")

Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.

Yahya related to.me from Malik that he had heard one of the people of knowledge disapproving of stoning the jamra until after dawn on the day of sacrifice, as it was halal for whoever had thrown the stones to sacrifice.

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Malik related to me that he had heard that Said ibn al-Musayyab spoke about a man who died and left three sons and left mawali whom he had freed. Then two of his sons died and left children. He said, "The third remaining son inherits the mawali. When he dies, his children and the children of his brothers share equally in the wala' of the mawali."

The Prophet said, "You will follow the ways of those nations who were before you, span by span and cubit by cubit (i.e., inch by inch) so much so that even if they entered a hole of a mastigure, you would follow them." We said, "O Allah's Apostle! (Do you mean) the Jews and the Christians?" He said, "Whom else?"

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab used to say, "Sleep is disapproved of before isha and conversation after it."