That when they reached Medina after returning from Yazid bin Mu'awaiya after the martyrdom of Husain bin `Ali (may Allah bestow His Mercy upon him), Al-Miswar bin Makhrama met him and said to him, "Do you have any need you may order me to satisfy?" `Ali said, "No." Al-Miswar said, Will you give me the sword of Allah's Apostle for I am afraid that people may take it from you by force? By Allah, if you give it to me, they will never be able to take it till I die." When `Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man) (See Hadith No. 76, Vo. 5).

AbuZubyan said: A woman who had committed adultery was brought to Umar. He gave orders that she should be stoned.

Ali passed by just then. He seized her and let her go. Umar was informed of it. He said: Ask Ali to come to me. Ali came to him and said: Commander of the Faithful, you know that the Messenger of Allah (saws) said: There are three (people) whose actions are not recorded: A boy till he reaches puberty, a sleeper till he awakes, a lunatic till he is restored to reason. This is an idiot (mad) woman belonging to the family of so and so. Someone might have done this action with her when she suffered the fit of lunacy.

Umar said: I do not know. Ali said: I do not know.

I heard Jabir bin `Abdullah in a gathering saying, "We, the companions of Allah's Apostle assumed the state of Ihram to perform only Hajj without `Umra." Jabir added, "The Prophet arrived (at Mecca) on the fourth of Dhul-Hijja. And when we arrived (in Mecca) the Prophet ordered us to finish the state of Ihram, saying, "Finish your lhram and go to your wives (for sexual relation)." Jabir added, "The Prophet did not oblige us (to go to our wives) but he only made that legal for us. Then he heard that we were saying, "When there remains only five days between us and the Day of `Arafat he orders us to finish our Ihram by sleeping with our wives in which case we will proceed to `Arafat with our male organs dribbling with semen?' (Jabir pointed out with his hand illustrating what he was saying). Allah's Apostle stood up and said, 'You (People) know that I am the most Allah-fearing, the most truthful and the best doer of good deeds (pious) from among you. If I had not brought the Hadi with me, I would have finished my Ihram as you will do, so finish your Ihram. If I had formerly known what I came to know lately, I would not have brought the Hadi with me.' So we finished our Ihram and listened to the Prophet and obeyed him." (See Hadith No. 713, Vol. 2)

(regarding the Verse): 'If any of you dies and leaves wives behind,' That was the period of the 'Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband's relatives through her husband's will and testament so that she will complete the period of one year (of 'Iddah). But the widow has the right to stay that extra period or go out of her husband's house as is indicated by the statement of Allah: 'But if they leave there is no blame on you,... ' (2.240) Ibn `Abbas said: The above Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, and so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning them out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and live there according to her (husband's) will and testament, and if she would, she could go out (of her husband's house) as Allah says: 'There is no blame on you for what they do of themselves.' (2.240) 'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband's family.

"On the Day of Uhud, the Prophet (saws) wore two coats of mail. He tried to get up on a boulder but was not able to, so Talhah squatted under him, lifting the Prophet (saws) upon it such that he could sit on the boulder. So he said: (Paradise) "It is obligated from Talhah.'"

[Abu 'Eisa said:] There are narrations on this topic from Safwan bin Umayyah and As-Sa'ib bin Yazid.

This Hadith is Hasan Gharib, we do not know of it except through the narration of Muhammad bin Ishaq.

The Prophet said to Abu Talha, "Choose one of your boy servants to serve me in my expedition to Khaibar." So, Abu Talha took me letting me ride behind him while I was a boy nearing the age of puberty. I used to serve Allah's Apostle when he stopped to rest. I heard him saying repeatedly, "O Allah! I seek refuge with You from distress and sorrow, from helplessness and laziness, from miserliness and cowardice, from being heavily in debt and from being overcome by men." Then we reached Khaibar; and when Allah enabled him to conquer the Fort (of Khaibar), the beauty of Safiya bint Huyai bin Akhtab was described to him. Her husband had been killed while she was a bride. So Allah's Apostle selected her for himself and took her along with him till we reached a place called Sa`d-AsSahba,' where her menses were over and he took her for his wife. Haris (a kind of dish) was served on a small leather sheet. Then Allah's Apostle told me to call those who were around me. So, that was the marriage banquet of Allah's Apostle and Safiya. Then we left for Medina. I saw Allah's Apostle folding a cloak round the hump of the camel so as to make a wide space for Safiya (to sit on behind him) He sat beside his camel letting his knees for Safiya to put her feet on so as to mount the camel. Then, we proceeded till we approached Medina; he looked at Uhud (mountain) and said, "This is a mountain which loves us and is loved by us." Then he looked at Medina and said, "O Allah! I make the area between its (i.e. Medina's) two mountains a sanctuary as Abraham made Mecca a sanctuary. O Allah! Bless them (i.e. the people of Medina) in their Mudd and Sa (i.e. measures).

Yahya related to me from Malik that Yahya ibn Said heard al-Qasim ibn Muhammad say, "A woman came to Abdullah ibn Abbas and said, 'I have vowed to sacrifice my son.' Ibn Abbas said, 'Do not sacrifice your son. Do kaffara for your oath.' An old man with Ibn Abbas said, 'What kaffara is there for this?' Ibn Abbas said, 'Allah the Exalted said, "Those of you who say, regarding their wives.'Be as my mother's back' (Sura58 ayat 2) and then He went on to oblige the kaffara for it as you have seen.' "

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."

Malik related to me from al-Ala ibn Abd ar-Rahman from Mabad ibn Kab as-Salami from his brother Abdullah ibn Kab ibn Malik al-Ansari from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever cuts off the right of a muslim man by his oath, Allah forbids him the Garden and obliges the Fire for him." They said, "Even if it is something insignificant, Messenger of Allah?" He said, "Even if it is a tooth-stick, even if it is a tooth- stick," repeating it three times.

Ibn Abbas said: A lunatic woman who had committed adultery was brought to Umar. He consulted the people and ordered that she should be stoned.

Ali ibn AbuTalib passed by and said: What is the matter with this (woman)? They said: This is a lunatic woman belonging to a certain family. She has committed adultery. Umar has given orders that she should be stoned.

He said: Take her back. He then came to him and said: Commander of the Faithful, do you not know that there are three people whose actions are not recorded: a lunatic till he is restored to reason, a sleeper till he awakes, and a boy till he reaches puberty?

He said: Yes. He then asked: Why is it that this woman is being stoned?

He said: There is nothing. He then said: Let her go. He (Umar) let her go and began to utter: Allah is most great.

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr ibn Sulaym az-Zuraqi."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

(regarding the Verse):-- "Those of you who die and leave wives behind. They - (their wives) -- shall wait (as regards their marriage ) for four months and ten days)." (2.234) The widow, according to this Verse, was to spend this period of waiting with her husband's family, so Allah revealed: "Those of you who die and leave wives (i.e. widows) should bequeath for their wives, a year's maintenance and residences without turning them out, but if they leave (their residence), there is no blame on you for what they do with themselves provided it is honorable.' (i.e. lawful marriage) (2.240). So Allah entitled the widow to be bequeathed extra maintenance for seven months and twenty nights, and that is the completion of one year. If she wished she could stay (in her husband's home) according to the will, and she could leave it if she wished, as Allah says: "..without turning them out, but if they leave (the residence), there is no blame on you." So the 'Idda (i.e. four months and ten days as it) is obligatory for her. 'Ata said: Ibn `Abbas said, "This Verse, i.e. the Statement of Allah: "..without turning them out.." cancelled the obligation of staying for the waiting period in her dead husband's house, and she can complete this period wherever she likes." 'Ata's aid: If she wished, she could complete her 'Idda by staying in her dead husband's residence according to the will or leave it according to Allah's Statement:-- "There is no blame on you for what they do with themselves." `Ata' added: Later the regulations of inheritance came and abrogated the order of the dwelling of the widow (in her dead husband's house), so she could complete the 'Idda wherever she likes. And it was no longer necessary to provide her with a residence. Ibn `Abbas said, "This Verse abrogated her (i.e. widow's) dwelling in her dead husband's house and she could complete the 'Idda (i.e. four months and ten days) wherever she liked, as Allah's Statement says:--"...without turning them out..."

`Umar set out along with the Prophet (p.b.u.h) with a group of people to Ibn Saiyad till they saw him playing with the boys near the hillocks of Bani Mughala. Ibn Saiyad at that time was nearing his puberty and did not notice (us) until the Prophet stroked him with his hand and said to him, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Messenger of illiterates." Then Ibn Saiyad asked the Prophet (p.b.u.h), "Do you testify that I am Allah's Apostle?" The Prophet (p.b.u.h) refuted it and said, "I believe in Allah and His Apostles." Then he said (to Ibn Saiyad), "What do you think?" Ibn Saiyad answered, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Then the Prophet said to him, "I have kept something (in my mind) for you, (can you tell me that?)" Ibn Saiyad said, "It is Al-Dukh (the smoke)." (2) The Prophet said, "Let you be in ignominy. You cannot cross your limits." On that `Umar, said, "O Allah's Apostle! Allow me to chop his head off." The Prophet (p.b.u.h) said, "If he is he (i.e. Dajjal), then you cannot overpower him, and if he is not, then there is no use of murdering him." (Ibn `Umar added): Later on Allah's Apostle (p.b.u.h) once again went along with Ubai bin Ka`b to the date-palm trees (garden) where Ibn Saiyad was staying. The Prophet (p.b.u.h) wanted to hear something from Ibn Saiyad before Ibn Saiyad could see him, and the Prophet (p.b.u.h) saw him lying covered with a sheet and from where his murmurs were heard. Ibn Saiyad's mother saw Allah's Apostle while he was hiding himself behind the trunks of the date-palm trees. She addressed Ibn Saiyad, "O Saf ! (and this was the name of Ibn Saiyad) Here is Muhammad." And with that Ibn Saiyad got up. The Prophet said, "Had this woman left him (Had she not disturbed him), then Ibn Saiyad would have revealed the reality of his case.

Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Yahya related to me from Malik from Abu'z-Zinad from al-Araj that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade two sales. Mulamasa, in which a man is obliged to buy whatever he touches without any choice in the matter, and munabadha, in which two men throw their garment to each other without either seeing the other's garment. He also forbade two ways of dressing. One in which a man sits with his legs drawn up to his chest wrapped in one garment that does not cover his genitals, and the other in which a man wraps a single garment over one arm and shoulder restricting them."

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."

`Umar bin Al-Khattab set out with Allah's Apostle, and a group of his companions to Ibn Saiyad. They found him playing with the boys in the fort or near the Hillocks of Bani Maghala. Ibn Saiyad was nearing his puberty at that time, and he did not notice the arrival of the Prophet till Allah's Apostle stroked him on the back with his hand and said, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the unlettered ones (illiterates)". Then Ibn Saiyad said to the Prophets . "Do you testify that I am Allah's Apostle?" The Prophet denied that, saying, "I believe in Allah and all His Apostles," and then said to Ibn Saiyad, "What do you see?" Ibn Saiyad said, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Allah's Apostle added, "I have kept something for you (in my mind)." Ibn Saiyad said, "Ad-Dukh." The Prophet said, "Ikhsa (you should be ashamed) for you can not cross your limits." `Umar said, "O Allah's Apostle! Allow me to chop off h is neck." Allah's Apostle said (to `Umar). "Should this person be him (i.e. Ad-Dajjal) then you cannot over-power him; and should he be someone else, then it will be no use your killing him." `Abdullah bin `Umar added: Later on Allah's Apostle and Ubai bin Ka`b Al-Ansari (once again) went to the garden in which Ibn Saiyad was present. When Allah's Apostle entered the garden, he started hiding behind the trunks of the date-palms intending to hear something from Ibn Saiyad before the latter could see him. Ibn Saiyad was Lying on his bed, covered with a velvet sheet from where his mumur were heard. Ibn Saiyad's mother saw the Prophet and said, "O Saf (the nickname of Ibn Saiyad)! Here is Muhammad!" Ibn Saiyad stopped his murmuring. The Prophet said, "If his mother had kept quiet, then I would have learnt more about him." `Abdullah added: Allah's Apostle stood up before the people (delivering a sermon), and after praising and glorifying Allah as He deserved, he mentioned the Ad-Dajjal saying, "I warn you against him, and there has been no prophet but warned his followers against him. Noah warned his followers against him but I am telling you about him, something which no prophet has told his people of, and that is: Know that he is blind in one eye where as Allah is not so."

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 obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."