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."

My aunt took me to Allah's Apostle and said, "O Allah's Apostle! My nephew is- ill." The Prophet touched my head with his hand and invoked Allah to bless me. He then performed ablution and I drank of the remaining water of his ablution and then stood behind his back and saw "Khatam An- Nubuwwa" (The Seal of Prophethood) between his shoulders like a button of a tent.

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

The Prophet narrating about his Lord I'm and said, "Allah ordered (the appointed angels over you) that the good and the bad deeds be written, and He then showed (the way) how (to write). If somebody intends to do a good deed and he does not do it, then Allah will write for him a full good deed (in his account with Him); and if he intends to do a good deed and actually did it, then Allah will write for him (in his account) with Him (its reward equal) from ten to seven hundred times to many more times: and if somebody intended to do a bad deed and he does not do it, then Allah will write a full good deed (in his account) with Him, and if he intended to do it (a bad deed) and actually did it, then Allah will write one bad deed (in his account) ."

I brought water to `Uthman bin `Affan to perform the ablution while he was sitting on his seat. He performed the ablution in a perfect way and said, "I saw the Prophet performing the ablution in this place and he performed it in a perfect way and said, "Whoever performs the ablution as I have done this time and then proceeds to the mosque and offers a two-rak`at prayer and then sits there (waiting for the compulsory congregational prayers), then all his past sins will be forgiven." The Prophet further added, "Do not be conceited (thinking that your sins will be forgiven because of your prayer).

Allah's Apostle said, "Adam and Moses met, and Moses said to Adam "You are the one who made people miserable and turned them out of Paradise." Adam said to him, "You are the one whom Allah selected for His message and whom He selected for Himself and upon whom He revealed the Torah." Moses said, 'Yes.' Adam said, "Did you find that written in my fate before my creation?' Moses said, 'Yes.' So Adam overcame Moses with this argument."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

[Abu 'Eisa said:] This Hadith is Gharib from this route. Abu Ma'shar's name is Najih, the freed slave of Banu Hisham. Some of the people of knowledge criticized him due to his poor memory.

Ali ibn Rabi'ah said: I was present with Ali while a beast was brought to him to ride. When he put his foot in the stirrup, he said: "In the name of Allah." Then when he sat on its back, he said: "Praise be to Allah." He then said: "Glory be to Him Who has made this subservient to us, for we had not the strength, and to our Lord do we return." He then said: "Praise be to Allah (thrice); Allah is Most Great (thrice): glory be to Thee, I have wronged myself, so forgive me, for only Thou forgivest sins." He then laughed. He was asked: At what did you laugh? He replied: I saw the Messenger of Allah (saws) do as I have done, and laugh after that. I asked: Messenger of Allah , at what are you laughing? He replied: Your Lord, Most High, is pleased with His servant when he says: "Forgive me my sins." He know that no one forgives sins except Him.

Bilal made a call to prayer before the break of dawn; the Prophet (saws), therefore, commanded him to return and make a call: Lo! the servant of Allah (i.e. I) had slept (hence this mistake).

The version of Musa has the addition: He returned and made a call: Lo! the servant of Allah had slept.

Abu Dawud said: This tradition has been narrated by al-Darawardi from 'Ubaid Allah on the authority of Ibn 'Umar saying: There was a mu'adhdhin of 'Umar, named Mas'ud. He then narrated the rest of the tradition. This version is more correct than that one.

Yahya related to me from Malik that he had asked Ibn Shihab about the word of Allah, the Majestic, the Mighty, "O you who accept, when the call is made for the prayer on the day of jumua, make haste to the remembrance of Allah."(Sura 62 ayat 9). Ibn Shihab said, ''Umar ibn al-Khattab used to recite, 'When the call is made for the prayer on the day of jumua, go to the remembrance of Allah.' "

Malik said, "Making haste in the Book of Allah is only deed and action. Allah the Blessed, the Exalted, says 'and when he turns away, he acts in the land' (Sura 2 ayat 205), and He, the Exalted, said, 'and as for the one who comes to you acting with fear' (Sura 80 ayat 8), and He said, 'then he turned his back, and acted' (Sura 79 ayat 22),and He said, 'Your deeds are diverse' " (Sura 92 ayat 4). Malik said, "Thus making haste which Allah mentions in His Book is not running on the feet or exertion. It only means deed and actions."

Marwan had been appointed as the governor of Hijaz by Muawiya. He delivered a sermon and mentioned Yazid bin Muawiya so that the people might take the oath of allegiance to him as the successor of his father (Muawiya). Then `Abdur Rahman bin Abu Bakr told him something whereupon Marwan ordered that he be arrested. But `Abdur-Rahman entered `Aisha's house and they could not arrest him. Marwan said, "It is he (`AbdurRahman) about whom Allah revealed this Verse:-- 'And the one who says to his parents: 'Fie on you! Do you hold out the promise to me..?'" On that, `Aisha said from behind a screen, "Allah did not reveal anything from the Qur'an about us except what was connected with the declaration of my innocence (of the slander).

The Angel of Death was sent to Moses when he came to Moses, Moses slapped him on the eye. The angel returned to his Lord and said, "You have sent me to a Slave who does not want to die." Allah said, "Return to him and tell him to put his hand on the back of an ox and for every hair that will come under it, he will be granted one year of life." Moses said, "O Lord! What will happen after that?" Allah replied, "Then death." Moses said, "Let it come now." Moses then requested Allah to let him die close to the Sacred Land so much so that he would be at a distance of a stone's throw from it." Abu Huraira added, "Allah's Apostle said, 'If I were there, I would show you his grave below the red sand hill on the side of the road."

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

Two men from my tribe and I entered upon the Prophet. One of the two men said to the Prophet, "O Allah's Apostle! Appoint me as a governor," and so did the second. The Prophet said, "We do not assign the authority of ruling to those who ask for it, nor to those who are keen to have it."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

The garlic and onions were mentioned before the Messenger of Allah (saws). He was told: The most severe of them is garlic. Would you make it unlawful? The Prophet (saws) said: Eat it, and he who eats it should not come near this mosque until its odour goes away.

I heard Al-Hajjaj saying on the pulpit, "The Sura in which Al-Baqara (the cow) is mentioned and the Sura in which the family of `Imran is mentioned and the Sura in which the women (An-Nisa) is mentioned." I mentioned this to Ibrahim, and he said, `Abdur-Rahman bin Yazid told me, 'I was with Ibn Mas`ud, when he did the Rami of the Jamrat-ul-Aqaba. He went down the middle of the valley, and when he came near the tree (which was near the Jamra) he stood opposite to it and threw seven small pebbles and said: 'Allahu-Akbar' on throwing every pebble.' Then he said, 'By Him, except Whom none has the right to be worshipped, here (at this place) stood the one on whom Surat-al-Baqra was revealed (i.e. Allah's Apostle).' "

The Messenger of Allah (saws) cursed the one who accepted usury, the one who paid it, the witness to it, and the one who recorded it.

Once I went up the roof of the mosque, along with Abu Huraira. He perform ablution and said, "I heard the Prophet saying, "On the Day of Resurrection, my followers will be called "Al-Ghurr-ul- Muhajjalun" from the trace of ablution and whoever can increase the area of his radiance should do so (i.e. by performing ablution regularly).' "

I asked: Messenger of Allah! will each one of us see his Lord? Ibn Mu'adh's version has: "being alone with Him, on the Day of Resurrection? And what sign is there is His creation?" He replied: AbuRazin! does each one of you not see the moon? Ibn Mu'adh's version has: "on the night when it is full, being alone with it?" Then the agreed version goes: I said: Yes. He said: Allah is more great. Ibn Mu'adh's version has: It is only part of Allah's creation, but Allah is more glorious and greater.