Yahya related to me from Malik from Hisham ibn Urwa that his father used to salute all the corners when he did tawaf of the House and did not omit the Yamani corner unless he was prevented from it.

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

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.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, about sacrificial animals, "Six-year-old camels, three- year-old cows and sheep, or older than these."

My grandfather, Rafi` said, "We were in the company of the Prophet at DhulHulaifa, and the people suffered from hunger. We got some camels and sheep (as booty) and the Prophet was still behind the people. They hurried and put the cooking pots on the fire. (When he came) he ordered that the cooking pots should be upset and then he distributed the booty (amongst the people) regarding ten sheep as equal to one camel then a camel fled and the people chased it till they got tired, as they had a few horses (for chasing it). So a man threw an arrow at it and caused it to stop (with Allah's Permission). On that the Prophet said, 'Some of these animals behave like wild beasts, so, if any animal flee from you, deal with it in the same way." My grandfather asked (the Prophet ), "We hope (or are afraid) that we may meet the enemy tomorrow and we have no knives. Can we slaughter our animals with canes?" Allah's Apostle replied, "If the instrument used for killing causes the animal to bleed profusely and if Allah's Name is mentioned on killing it, then eat its meat (i.e. it is lawful) but won't use a tooth or a nail and I am telling you the reason: A tooth is a bone (and slaughtering with a bone is forbidden ), and a nail is the slaughtering instrument of the Ethiopians."

`Aisha said, "Allah's Apostle ordered Abu Bakr to lead the people in the prayer during his illness and so he led them in prayer." `Urwa, a sub narrator, added, "Allah's Apostle felt a bit relieved and came out and Abu Bakr was leading the people. When Abu Bakr saw the Prophet he retreated but the Prophet beckoned him to remain there. Allah's Apostle sat beside Abu Bakr. Abu Bakr was following the prayer of Allah's Apostle and the people were following the prayer of Abu Bakr."

Yahya related to me from Malik from Hisham ibn Urwa that Sawda bint Abdullah ibn Umar, who was in the household of Urwa ibn az- Zubayr, set off walking between Safa and Marwa when doing either hajj or an umra. She was a heavy woman and she began when everybody was leaving after the isha prayer, and she still had not completed her circuits when the first call was given for subh, but finished them between the two calls to prayer.

If Urwa saw people doing circuits on riding beasts he would tell them in very strong terms not to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them 'These are unsuccessful and have lost.' "

Malik said, "Someone who forgets say between Safa and Marwa in an umra, and does not remember until he is far from Makka, should return and do say. If, in the meantime, he has had intercourse with a woman, he should return and do say between Safa and Marwa so as to complete what remains of that umra, and then after that he has to do another umra and offer a sacrificial animal."

Malik was asked about someone who met another man when doing say between Safa and Marwa and stopped to talk with him, and he said, "I do not like anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about it and remembers only when he is doing say between Safa and Marwa, he should stop the say and complete his tawaf of the House apart from that about which he is certain. After that he prays the two rakas of the tawaf, and then begins his say between Safa and Marwa."

The Prophet said, "The recitation of Psalms (David's Qur'an) was made light and easy for David that he used to have his ridding animal be saddled while he would finish the recitation before the servant had saddled it."

The Prophet recited Suratan-Najm (103) at Mecca and prostrated while reciting it and those who were with him did the same except an old man who took a handful of small stones or earth and lifted it to his forehead and said, "This is sufficient for me." Later on, I saw him killed as a non-believer.

Malik related to me from Hisham ibn Urwa from his father that A'isha the wife of the Prophet, may Allah bless him and grant him peace, dressed Abdullah ibn az-Zubayr in a shawl of silk which A'isha used to wear.

Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, saying, "'Abdullah ibn Abbas said that whatever was haram for some one doing hajj was also haram for some one who sent a sacrificial animal until the animal was sacrificed. I have sent one, so write and tell me what you say about this, or tell the man in charge of the animal what to do.

Amra said that A'isha said, "It is notas Ibn Abbas has said. I once plaited the garlands for the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, with my own two hands. Then after that the Messenger of Allah, may Allah bless him and grant him peace, himself put the garlands on the animal and then sent it with my father. And there was nothing that Allah had made halal forthe Messenger of Allah, may Allah bless him and grant him peace, that was haram for him until such time as the animal had been sacrificed."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, came in view of Uhud and said, "This is a mountain which loves us and we love it."

Anas said, "Whenever Allah's Apostle returned from a journey, he, on seeing the high places of Medina, would make his she-camel proceed faster; and if it were another animal, even then he used to make it proceed faster." Narrated Humaid that the Prophet used to make it proceed faster out of his love for Medina.

Narrated Anas:

As above, but mentioned "the walls of Medina" instead of "the high places of Medina." Al-Harith bin `Umar agrees with Anas.

On the day of Uhud the Prophet appointed `Abdullah bin Jubair as chief of the archers, and seventy among us were injured and martyred. On the day (of the battle) of Badr, the Prophet and his companions had inflicted 140 casualties on the pagans, 70 were taken prisoners, and 70 were killed. Abu Sufyan said, "This is a day of (revenge) for the day of Badr and the issue of war is undecided ."

"An infidel spy came to the Prophet while he was on a journey. The spy sat with the companions of the Prophet and started talking and then went away. The Prophet said (to his companions), 'Chase and kill him.' So, I killed him." The Prophet then gave him the belongings of the killed spy (in addition to his share of the war booty).

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin, may Allah be pleased with her, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to kiss certain of his wives when fasting," and then she laughed.

That once Allah's Apostle (p.b.u.h) said, "Your brother, i.e. `Abdullah bin Rawaha does not say obscene (referring to his verses): Amongst us is Allah's Apostle, who recites His Book when it dawns. He showed us the guidance, after we were blind. We believe that whatever he says will come true. And he spends his nights in such a way as his sides do not touch his bed. While the pagans were deeply asleep."

Malik related to me from Nafi from Sulayman ibn Yasar that Habbar ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab was sacrificing his animal and said, "Amir al-muminin, we made a mistake in our reckoning and we thought that today was the day of Arafa." Umar said, "Go to Makka, you and whoever else is with you, and do tawaf and sacrifice your animal if you have one with you. Then shave or cut your hair and return home. Then, in another year, do hajj and sacrifice an animal, and if you cannot find one, fast three days on hajj and seven when you return home."

Malik said, "Someone who intends to do hajj and umra together and then misses the hajj must do hajj again in another year, doing hajj with umra, and offer two sacrificial animals, one for doing the hajj with umra, and one for the hajj that he has missed."

For thirty days Allah's Apostle invoked Allah to curse those who had killed the companions of Bir- Mauna; he invoked evil upon the tribes of Ral, Dhakwan, and Usaiya who disobeyed Allah and His Apostle. There was reveled about those who were killed at Bir-Mauna a Qur'anic Verse we used to recite, but it was cancelled later on. The Verse was: "Inform our people that we have met our Lord. He is pleased with us and He has made us pleased."

Allah's Apostle used to let his hair hang down while the infidels used to part their hair. The people of the Scriptures were used to letting their hair hang down and Allah's Apostle liked to follow the people of the Scriptures in the matters about which he was not instructed otherwise. Then Allah's Apostle parted his hair.

Usama bin Zaid said, "The Prophet rode over a donkey with a saddle underneath which there was a thick soft Fadakiya velvet sheet. Usama bin Zaid was his companion rider, and he was going to pay a visit to Sa`d bin Ubada (who was sick) at the dwelling place of Bani Al-Harith bin Al-Khazraj, and this incident happened before the battle of Badr. The Prophet passed by a gathering in which there were Muslims and pagan idolators and Jews, and among them there was `Abdullah bin Ubai bin Salul, and there was `Abdullah bin Rawaha too. When a cloud of dust raised by the animal covered that gathering, `Abdullah bin Ubai covered his nose with his Rida (sheet) and said (to the Prophet), "Don't cover us with dust." The Prophet greeted them and then stopped, dismounted and invited them to Allah (i.e., to embrace Islam) and also recited to them the Holy Qur'an. `Abdullah bin Ubai' bin Salul said, "O man! There is nothing better than what you say, if what you say is the truth. So do not trouble us in our gatherings. Go back to your mount (or house,) and if anyone of us comes to you, tell (your tales) to him." On that `Abdullah bin Rawaha said, "(O Allah's Apostle!) Come to us and bring it(what you want to say) in our gatherings, for we love that." So the Muslims, the pagans and the Jews started quarreling till they were about to fight and clash with one another. The Prophet kept on quietening them (till they all became quiet). He then rode his animal, and proceeded till he entered upon Sa`d bin 'Ubada, he said, "O Sa`d, didn't you hear what Abu Habbab said? (He meant `Abdullah bin Ubai). He said so-and-so." Sa`d bin 'Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Allah, Allah has given you what He has given you. The people of this town decided to crown him (as their chief) and make him their king. But when Allah prevented that with the Truth which He had given you, it choked him, and that was what made him behave in the way you saw him behaving." So the Prophet excused him.

That Allah's Apostle rode over a donkey covered with a Fadakiya (velvet sheet) and Usama was riding behind him. He was visiting Sa`d bin 'Ubada (who was sick) in the dwelling place of Bani Al-Harith bin Al-Khazraj and this incident happened before the battle of Badr. They proceeded till they passed by a gathering in which `Abdullah bin Ubai bin Salul was present., and that was before `Abdullah bin Ubat embraced Islam. In that gathering there were Muslims, pagan idolators and Jews, and among the Muslims there was `Abdullah bin Rawaha. When a cloud of dust raised by (the movement of ) the animal covered that gathering, `Abdullah bin Ubai covered his nose with his garment and said, "Do not cover us with dust." Allah's Apostle greeted them, stopped, dismounted and invited them to Allah (i.e. to embrace Islam) and recited to them the Holy Qur'an. On that `Abdullah bin Ubai bin Salul said to him, "O man! There is nothing better than what you say, if it is the truth. So do not trouble us with it in our gatherings, but if somebody comes to you, you can preach to him." On that `Abdullah bin Rawaha said "Yes, O Allah's Apostle! Call on us in our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing one another till they were about to fight with one another. Allah's Apostle kept on quietening them till all of them became quiet, and then Allah's Apostle rode his animal and proceeded till he entered upon Sa`d bin 'Ubada. Allah's Apostle said, "O Sa`d! Didn't you hear what Abu Habab said?" (meaning `Abdullah bin Unbar). "He said so-and-so." Sa`d bin Ubada said, "O Allah's Apostle! Let my father be sacrificed for you ! Excuse and forgive him for, by Him Who revealed to you the Book, Allah sent the Truth which was revealed to you at the time when the people of this town had decided to crown him (`Abdullah bin Ubai) as their ruler. So when Allah had prevented that with the Truth He had given you, he was choked by that, and that caused him to behave in such an impolite manner which you had noticed." So Allah's Apostle excused him. (It was the custom of) Allah's Apostle and his companions to excuse the pagans and the people of the scripture (Christians and Jews) as Allah ordered them, and they used to be patient when annoyed (by them). Allah said: 'You shall certainly hear much that will grieve you from those who received the Scripture before you.....and from the pagans (3.186) He also said: 'Many of the people of the scripture wish that if they could turn you away as disbelievers after you have believed. .... (2.109) So Allah's Apostle used to apply what Allah had ordered him by excusing them till he was allowed to fight against them. When Allah's Apostle had fought the battle of Badr and Allah killed whomever He killed among the chiefs of the infidels and the nobles of Quraish, and Allah's Apostle and his companions had returned with victory and booty, bringing with them some of the chiefs of the infidels and the nobles of the Quraish as captives. `Abdullah bin Ubai bin Salul and the pagan idolators who were with him, said, "This matter (Islam) has now brought out its face (triumphed), so give Allah's Apostle the pledge of allegiance (for embracing Islam.)". Then they became Muslims.

It was mentioned before `Aisha that Ibn `Umar attributed the following statement to the Prophet "The dead person is punished in the grave because of the crying and lamentation Of his family." On that, `Aisha said, "But Allah's Apostle said, 'The dead person is punished for his crimes and sins while his family cry over him then." She added, "And this is similar to the statement of Allah's Apostle when he stood by the (edge of the) well which contained the corpses of the pagans killed at Badr, 'They hear what I say.' She added, "But he said now they know very well what I used to tell them was the truth." `Aisha then recited: 'You cannot make the dead hear.' (30.52) and 'You cannot make those who are in their Graves, hear you.' (35.22) that is, when they had taken their places in the (Hell) Fire.

The Prophet said, "The reciting of the Zabur (i.e. Psalms) was made easy for David. He used to order that his riding animals be saddled, and would finish reciting the Zabur before they were saddled. And he would never eat except from the earnings of his manual work."