Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."

Malik said, "That is what is done among us."

While we were in the company of the Prophet in a tent he said, ''Would it please you to be one fourth of the people of Paradise?" We said, "Yes." He said, "Would It please you to be one-third of the people of Paradise?" We said, "Yes." He said, "Would it please you to be half of the people of Paradise?" We said, "Yes." Thereupon he said, "I hope that you will be one half of the people of Paradise, for none will enter Paradise but a Muslim soul, and you people, in comparison to the people who associate others in worship with Allah, are like a white hair on the skin of a black ox, or a black hair on the skin of a red ox."

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

That Abu Sufyan bin Harb Informed him that Heraclius called him and the members of a caravan from Quraish who had gone to Sham as traders, during the truce which Allah's Apostle had concluded with Abu Sufyan and the Quraish infidels.

The Prophet said, "Allah will say, 'O Adam!. Adam will reply, 'Labbaik and Sa`daik (I respond to Your Calls, I am obedient to Your orders), wal Khair fi Yadaik (and all the good is in Your Hands)!' Then Allah will say (to Adam), Bring out the people of the Fire.' Adam will say, 'What (how many) are the people of the Fire?' Allah will say, 'Out of every thousand (take out) nine hundred and ninety-nine (persons).' At that time children will become hoary-headed and every pregnant female will drop her load (have an abortion) and you will see the people as if they were drunk, yet not drunk; But Allah's punishment will be very severe." That news distressed the companions of the Prophet too much, and they said, "O Allah's Apostle! Who amongst us will be that man (the lucky one out of one-thousand who will be saved from the Fire)?" He said, "Have the good news that one-thousand will be from Gog and Magog, and the one (to be saved will be) from you." The Prophet added, "By Him in Whose Hand my soul is, I Hope that you (Muslims) will be one third of the people of Paradise." On that, we glorified and praised Allah and said, "Allahu Akbar." The Prophet then said, "By Him in Whose Hand my soul is, I hope that you will be one half of the people of Paradise, as your (Muslims) example in comparison to the other people (non-Muslims), is like that of a white hair on the skin of a black ox, or a round hairless spot on the foreleg of a donkey."

Malik said that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one deal more harshly in taking the blood-money in the sacred month?" They said, "No. But it is increased in it because of violating the month." It was said to Said, "Does one increase for the wound as one increases for the life?" He said, "Yes."

Malik added, "I think that they meant the same as what Umar ibn al-Khattab did with respect to the blood-money of the Mudliji when he struck his son." (i.e. giving 120 camels instead of 100).

Yazid ibn Abdullah said that Abdullah ibn Amr asked the Prophet (saws): In how many days should I complete the recitation of the whole Qur'an, Messenger of Allah?

He replied: In one month.

He said: I am more energetic to complete it in a period less than this. He kept on repeating these words and lessening the period until he said: Complete its recitation in seven days.

He again said: I am more energetic to complete it in a period less than this.

The Prophet (saws) said: He who finishes the recitation of the Qur'an in less than three days does not understand it.

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

I asked Al-Aswad, "Did you ask `Aisha, Mother of the Believers, about the containers in which it is disliked to prepare (non-alcoholic) drinks?" He said, "Yes, I said to her, 'O Mother of the Believers! What containers did the Prophet forbid to use for preparing (non-alcoholic) drinks?" She said, 'The Prophet forbade us, (his family), to prepare (nonalcoholic) drinks in Ad-Dubba and Al-Muzaffat.' I asked, 'Didn't you mention Al Jar and Al Hantam?' She said, 'I tell what I have heard; shall I tell you what I have not heard?' "

Nafi' said: Ibn Umar made the call to prayer at Dajnan (a place between Mecca and Medina), on a cold and windy night. He added the words at the end of the call: "Lo! pray in your dwellings. Lo! pray in the dwellings." He then said: The Messenger of Allah (saws) used to command the mu'adhdhin to announce, "Lo! pray in your dwellings." on a cold or rainy night during journey.

In Surat al-Muzzammil (73), the verse: "Keep vigil at night but a little, a half thereof" (2-3) has been abrogated by the following verse: "He knoweth that ye count it not, and turneth unto you in mercy. Recite then of the Qur'an that which is easy for you" (v.20). The phrase "the vigil of the night" (nashi'at al-layl) means the early hours of the night. They (the companions) would pray (the tahajjud prayer) in the early hours of the night.

He (Ibn Abbas) says: It is advisable to offer the prayer at night (tahajjud), prescribed by Allah for you (in the early hours of the night). This is because when a person sleeps, he does not know when he will awake. The words "speech more certain" (aqwamu qilan) means that this time is more suitable for the understanding of the Qur'an. He says: The verse: "Lo, thou hast by day a chain of business" (v.7) means engagement for long periods (in the day's work).

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn al-Qasim that Aslam, the mawla of Umar ibn al-Khattab informed him that he had visited Abdullah ibn Ayyash al-Makhzumi. He saw that he had some nabidh with him and he was at that moment on the way to Makka. Aslam said to him, ''Umar ibn al-Khattab loves this drink." Abdullah ibn Ayyash therefore carried a great drinking bowl and brought it to Umar ibn al-Khattab and placed it before him. Umar brought it near to him and then raised his head. Umar said, "This drink is good," so he drank some of it and then passed it to a man on his right. When Abdullah turned to go, Umar ibn al-Khattab called him and asked, "Are you the person who says that Makka is better than Madina?" Abdullah said, "I said that it was the Haram of Allah, and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah or His Haram." Then Umar repeated "Are you the person who says that Makka is better than Madina?" He replied, "I said that it was the Haram of Allah and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah and His Haram." Then Abdullah left.

Yahya related to me from Malik that Humayd ibn Oays al-Makki told him, "I was with Mujahid while he was performing tawaf around the Kaba, and a man came to him and asked whether the days (of fasting) for kaffara had to be fasted consecutively, or could they be split up. I said to him, 'Yes, they can be split up, if the person so wishes.' Mujahid said, 'He should not split them up, because in Ubayy ibn Kab's recitation they are referred to as three consecutive days.' "

Malik said, "What I like most is what Allah has specified in the Qur'an, that is, that they are fasted consecutively."

Malik was asked about a woman who began the day fasting in Ramadan and though it was outside of the time of her period, fresh blood (i.e. not menstrual blood) flowed from her. She then waited until evening to see the same, but did not see anything.Then, on the next day in the morning she had anotherflow, though less than the first. Then, some days before her period, the flow stopped completely. Malik was asked what she should do about her fasting and prayer, and he said, "This blood is like menstrual blood. When she sees it she should break her fast, and then make up the days she has missed. Then, when the blood has completely stopped, she should do ghusl and fast."

Malik was asked whether someone who became muslim on the last day of Ramadan had to make up all of Ramadan or whether he just had to make up the day when he became muslim, and he said, "He does not have to make up any of the days that have passed. He begins fasting from that day onwards. What I like most is that he makes up the day on which he became muslim."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Zayd ibn Thabit used to say, "When the eye remains but the sight is lost, one hundred dinars are payable for it."

Yahya said, "Malik was asked about cutting off the lower lid of the eye and the bone around the eye. He said, 'There is only ijtihad in that unless the vision of the eye is impaired. He is entitled to an amount that is compatible to the extent the vision of the eye has been impaired."

Yahya said that Malik said, "What is done in our community about removing the bad eye of a one-eyed man when it has already been blinded and still remains there in its place and the paralyzed hand when it is cut off, is that there is only ijtihad in that, and there is no prescribed blood-money."

AbdurRahman ibn al-Akhnas said that when he was in the mosque, a man mentioned Ali (may Allah be pleased with him). So Sa'id ibn Zayd got up and said: I bear witness to the Messenger of Allah (saws) that I heard him say: Ten persons will go to Paradise: The Prophet (saws) will go to Paradise, AbuBakr will go to Paradise, Umar will go to Paradise, Uthman will go to Paradise, Ali will go to Paradise, Talhah will go to Paradise: az-Zubayr ibn al-Awwam will go to paradise, Sa'd ibn Malik will go to Paradise, and AbdurRahman ibn Awf will go to Paradise. If I wish, I can mention the tenth. The People asked: Who is he: So he kept silence. The again asked: Who is he: He replied: He is Sa'id ibn Zayd.

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces ...

I heard Allah's Apostle saying, "My example and the example of the people is that of a man who made a fire, and when it lighted what was around it, Moths and other insects started falling into the fire. The man tried (his best) to prevent them, (from falling in the fire) but they overpowered him and rushed into the fire. The Prophet added: Now, similarly, I take hold of the knots at your waist (belts) to prevent you from falling into the Fire, but you insist on falling into it."

Yahya related to me from Malik from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, stimulated people for jihad and mentioned the Garden. One of the Ansar was eating some dates in his hand, and said, "Am I so desirous of this world that I should sit until I finish them?" He threw aside what was in his hand and took his sword, and fought until he was slain .

The news about the differences amongst the people of Bani `Amr bin `Auf reached Allah's Apostle and so he went to them along with some of his companions to effect a reconciliation between them. Allah's Apostle was delayed there, and the time of the prayer was due. Bilal went to Abu Bakr and said to him, "Allah's Apostle has been delayed (there) and the time of prayer is due. So will you lead the people in prayer?" Abu Bakr said, "Yes, if you wish." Bilal pronounced the Iqama and Abu Bakr, went forward and said Takbir for the people. In the meantime Allah's Apostle came crossing the rows (of the praying people) and stood in the (first) row and the people started clapping. Abu Bakr, would never glance sideways in his prayer but when the people clapped much he looked back and (saw) Allah's Apostle . Allah's Apostle beckoned him to carry on the prayer. Abu Bakr raised his hands and thanked Allah, and retreated till he reached the (first) row. Allah's Apostle went forward and led the people in the prayer. When he completed the prayer he faced the people and said, "O people! Why did you start clapping when something unusual happened to you in the prayer? Clapping is only for women. So whoever amongst you comes across something in the prayer should say, 'Subhan-Allah' for there is none who will not turn round on hearing him saying Subhan-Allah. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned you to do so?" Abu Bakr replied, "How dare the son of Abu Quhafa lead the prayer in the presence of Allah's Apostle ?"

I asked Abu Sa`id, and he was a friend of mine, (about the Night of Qadr) and he said, "We practiced I`tikaf (seclusion in the mosque) in the middle third of the month of Ramadan with the Prophet . In the morning of the 20th of Ramadan, the Prophet came and addressed us and said, 'I was informed of (the date of the Night of Qadr) but I was caused to forget it; so search for it in the odd nights of the last ten nights of the month of Ramadan. (In the dream) I saw myself prostrating in mud and water (as a sign). So, whoever was in I`tikaf with me should return to it with me (for another 10-day's period)', and we returned. At that time there was no sign of clouds in the sky but suddenly a cloud came and it rained till rainwater started leaking through the roof of the mosque which was made of date-palm leaf stalks. Then the prayer was established and I saw Allah's Apostle prostrating in mud and water and I saw the traces of mud on his forehead."

Allah's Apostle forbade the selling of fruits (fresh dates) for dried dates but allowed the sale of fruits on the 'Araya by estimation and their new owners might eat their dates fresh. Sufyan (in another narration) said, "I told Yahya (a sub-narrator) when I was a mere boy, 'Meccans say that the Prophet allowed them the sale of the fruits on 'Araya by estimation.' Yahya asked, 'How do the Meccans know about it?' I replied, 'They narrated it (from the Prophet ) through Jabir.' On that, Yahya kept quiet." Sufyan said, "I meant that Jabir belonged to Medina." Sufyan was asked whether in Jabir's narration there was any prohibition of selling fruits before their benefit is evident (i.e. no dangers of being spoilt or blighted). He replied that there was none.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "When a man comes to his wife in her room, he is believed. When she comes to him in his room, she is believed."

Malik commented, "I think that this refers to sexual intercourse. When he comes in to her in her room and she says, 'He has had intercourse with me' and he says, 'I have not touched her', he is believed. When she comes in to him in his room and he says, 'I have not had intercourse with her' and she says, 'He had intercourse with me', she is believed."

(regarding His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).

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."

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

The Prophet (saws) said: I forbade you three things, and now I command (permit) you for them. I forbade you to visit graves, now you may visit them, for in visiting them there is admonition. I forbade you drinks except from skin vessels, but now you may drink from any kind of vessels, but do not drink an intoxicant. I forbade you to eat the meat of sacrificial animals after three days, but now you may eat and enjoy it during your journeys.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."

Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."

Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "

that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! (This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr, and they are ordered to marry other women instead of them."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the morning, after the sun had risen, he would go to Arafa .

Malik said, "What we are all agreed upon here (in Madina) is that the imam does not recite the Qur'an out loud in dhuhr on the day of Arafa, and that he gives a khutba to the people on that day, and that the prayer on the day of Arafa is really a dhuhr prayer, and even if it coincides with a jumua it is still a dhuhr prayer, but one which has been shortened because of travelling."

Malik said that the imam of the pilgrims should not pray the jumua prayer if the day of Arafa, the day of sacrifice or one of the three days after the day of sacrifice, was a Friday.

The Messenger of Allah (saws) prohibited, according to the version of Ahmad ibn Hanbal, that a person should sit during prayer while he is leaning on his hand.

According to the version of Ibn Shibwayh, he prohibited that a man should lean on his hand during prayer.

According to the version of Ibn Rafi', he prohibited that a man should pray while he is leaning on his hand, and he mentioned this tradition in the chapter on "Raising the head after prostration."

According to the version of Ibn AbdulMalik, he prohibited that a man should lean on his hand when he stands up after prostration.

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

Ziyad related to me from Malik from Nafi from Ibn 'Umar that some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, were shown Laylat al-Qadr in their sleep during the last seven days. The Messenger of Allah, may Allah bless him and grant him peace, said, "I see that your visions agree about the last seven days, so whoever is searching for it should do so in the last seven days."

It was one of the favors of Allah towards me that Allah's Apostle expired in my house on the day of my turn while he was leaning against my chest and Allah made my saliva mix with his saliva at his death. `Abdur-Rahman entered upon me with a Siwak in his hand and I was supporting (the back of) Allah's Apostle (against my chest ). I saw the Prophet looking at it (i.e. Siwak) and I knew that he loved the Siwak, so I said ( to him ), "Shall I take it for you ? " He nodded in agreement. So I took it and it was too stiff for him to use, so I said, "Shall I soften it for you ?" He nodded his approval. So I softened it and he cleaned his teeth with it. In front of him there was a jug or a tin, (The sub-narrator, `Umar is in doubt as to which was right) containing water. He started dipping his hand in the water and rubbing his face with it, he said, "None has the right to be worshipped except Allah. Death has its agonies." He then lifted his hands (towards the sky) and started saying, "With the highest companion," till he expired and his hand dropped down.

The Prophet saw some sputum in the direction of the Qibla (on the wall of the mosque) and he disliked that and the sign of disgust was apparent from his face. So he got up and scraped it off with his hand and said, "Whenever anyone of you stands for the prayer, he is speaking in private to his Lord or his Lord is between him and his Qibla. So, none of you should spit in the direction of the Qibla but one can spit to the left or under his foot." The Prophet then took the corner of his sheet and spat in it and folded it and said, "Or you can do this. "