the Messenger of Allah (saws) prohibited selling the Wala' and [from] conferring it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of 'Abdullah bin Dinar from Ibn 'Umar from the Prophet (saws). Shu'bah, Sufyan Ath-Thawri, and Malik bin Anas (also) reported it from 'Abdullah bin Dinar. It has been related that Shu'bah said: "I so wished that 'Abdullah bin Dinar would permit me when he narrated this Hadith that I stand-up, so that I kiss his head." And Yahya bin Sulaim reported this Hadith from 'Ubaidullah bin 'Umar from Nafi', from Ibn 'Umar from the Prophet (saws). But this is mistaken, Yahya bin Sulaim erred in it, what is correct is: "From 'Ubaidullah bin 'Umar, from 'Abdullah bin Dinar, from Ibn 'Umar from the Prophet (saws). This is how it is reported by more than one narrator from 'Ubaidullah bin 'Umar.

[Abu 'Eisa said:] And 'Abdullah bin Dinar is alone with this Hadith.

This hadith has been reported on the authority of Zuhri with other chains of transmitters but with slight variations of wording.

That his father said, "One day I was sitting with some of the Prophet's companions on the way to Mecca. Allah's Apostle was ahead of us. All of my companions were in the state of Ihram while I was a non-Muhrim. They saw an onager while I was busy repairing my shoes, so they did not tell me about it but they wished I had seen it. By chance I looked up and saw it. So, I turned to the horse, saddled it and rode on it, forgetting to take the spear and the whip. I asked them if they could hand over to me the whip and the spear but they said, 'No, by Allah, we shall not help you in that in any way.' I became angry and got down from the horse, picked up both the things and rode the horse again. I attacked the onager and slaughtered it, and brought it (after it had been dead). They took it (cooked some of it) and started eating it, but they doubted whether it was allowed for them to eat it or not, as they were in the state of Ihram. So, we proceeded and I hid with me one of its fore-legs. When we met Allah's Apostle and asked him about the case, he asked, 'Do you have a portion of it with you?' I replied in the affirmative and gave him that fleshy foreleg which he ate completely while he was in the state of Ihram .

Once `Umar asked the leave to see Allah's Apostle in whose company there were some Quraishi women who were talking to him and asking him for more financial support raising their voices. When `Umar asked permission to enter the women got up (quickly) hurrying to screen themselves. When Allah's Apostle admitted `Umar, Allah's Apostle was smiling, `Umar asked, "O Allah's Apostle! May Allah keep you in happiness always." Allah's Apostle said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "O Allah's Apostle! You have more right to be feared by them." Then he addressed (those women) saying, "O enemies of your own souls! Do you fear me and not Allah's Apostle ?" They replied. "Yes, for you are a fearful and fierce man as compared with Allah's Apostle." On that Allah's Apostle said (to `Umar), "By Him in Whose Hands my life is, whenever Satan sees you taking a path, he follows a path other than yours."

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...

The Prophet (saws) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (saws) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (saws) as saying: The best marriage is the one that is most easy. The Messenger of Allah (saws) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

Muhammad ibn Ishaq said: I mentioned the story of Ma'iz ibn Malik to Asim ibn Umar ibn Qatadah. He said to me: Hasan ibn Muhammad ibn Ali ibn AbuTalib said to me: Some men of the tribe of Aslam whom I do not blame and whom you like have transmitted to me the saying of the Messenger of Allah (saws): Why did you not leave him alone?

He said: But I did not understand this tradition. So I went to Jabir ibn Abdullah and said (to him): Some men of the tribe of Aslam narrate that the Messenger of Allah (saws) said when they mentioned to him the anxiety of Ma'iz when the stones hurt him: "Why did you not leave him alone?' But I do not know this tradition.

He said: My cousin, I know this tradition more than the people. I was one of those who had stoned the man. When we came out with him, stoned him and he felt the effect of the stones, he cried: O people! return me to the Messenger of Allah (saws). My people killed me and deceived me; they told me that the Messenger of Allah (saws) would not kill me. We did not keep away from him till we killed him. When we returned to the Messenger of Allah (saws) we informed him of it.

He said: Why did you not leave him alone and bring him to me? and he said this so that the Messenger of Allah (saws) might ascertain it from him. But he did not say this to abandon the prescribed punishment. He said: I then understood the intent of the tradition.

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

I heard Hisham bin Hakim reciting Surat Al-Furqan during the lifetime of Allah's Apostle and I listened to his recitation and noticed that he recited in several different ways which Allah's Apostle had not taught me. I was about to jump over him during his prayer, but I controlled my temper, and when he had completed his prayer, I put his upper garment around his neck and seized him by it and said, "Who taught you this Sura which I heard you reciting?" He replied, "Allah's Apostle taught it to me." I said, "You have told a lie, for Allah's Apostle has taught it to me in a different way from yours." So I dragged him to Allah's Apostle and said (to Allah's Apostle), "I heard this person reciting Surat Al-Furqan in a way which you haven't taught me!" On that Allah's Apostle said, "Release him, (O `Umar!) Recite, O Hisham!" Then he recited in the same way as I heard him reciting. Then Allah's Apostle said, "It was revealed in this way," and added, "Recite, O `Umar!" I recited it as he had taught me. Allah's Apostle then said, "It was revealed in this way. This Qur'an has been revealed to be recited in seven different ways, so recite of it whichever (way) is easier for you (or read as much of it as may be easy for you).

There was a relation of love and brotherhood between this tribe of Jarm and Al-Ash`ariyin. Once we were with Abu Musa Al-Ash`ari, and then a meal containing chicken was brought to Abu Musa, and there was present, a man from the tribe of Taimillah who was of red complexion as if he were from non-Arab freed slaves. Abu Musa invited him to the meal. He said, "I have seen chickens eating dirty things, so I deemed it filthy and took an oath that I would never eat chicken." On that, Abu Musa said, "Get up, I will narrate to you about that. Once a group of the Ash`ariyin and I went to Allah's Apostle and asked him to provide us with mounts; he said, 'By Allah, I will never give you any mounts nor do I have anything to mount you on.' Then a few camels of war booty were brought to Allah's Apostle , and he asked about us, saying, 'Where are the Ash-'ariyin?' He then ordered five nice camels to be given to us, and when we had departed, we said, 'What have we done? Allah's Apostle had taken the oath not to give us any mounts, and that he had nothing to mount us on, and later he gave us that we might ride? Did we take advantage of the fact that Allah's Apostle had forgotten his oath? By Allah, we will never succeed.' So we went back to him and said to him, 'We came to you to give us mounts, and you took an oath that you would not give us any mounts and that you had nothing to mount us on.' On that he said, 'I did not provide you with mounts, but Allah did. By Allah, if I take an oath to do something, and then find something else better than it, I do that which is better and make expiation for the dissolution of the oath.' "

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 that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .

Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."

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

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

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

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

I was sitting with some of the companions of Allah's Apostle and we were discussing about the way of praying of the Prophet. Abu Humaid As-Sa`idi said, "I remember the prayer of Allah's Apostle better than any one of you. I saw him raising both his hands up to the level of the shoulders on saying the Takbir; and on bowing he placed his hands on both knees and bent his back straight, then he stood up straight from bowing till all the vertebrate took their normal positions. In prostrations, he placed both his hands on the ground with the forearms away from the ground and away from his body, and his toes were facing the Qibla. On sitting In the second rak`a he sat on his left foot and propped up the right one; and in the last rak`a he pushed his left foot forward and kept the other foot propped up and sat over the buttocks."

In the lifetime of Allah's Apostle (p.b.u.h) the people were afflicted with a (famine) year. While the Prophet was delivering the Khutba (sermon) on the pulpit on a Friday, a Bedouin stood up and said, "O Allah's Apostle! The livestock are dying and the families (offspring) are hungry: please pray to Allah to bless us with rain." Allah's Apostle raised both his hands towards the sky and at that time there was not a trace of cloud in they sky. Then the clouds started gathering like mountains. Before he got down from the pulpit I saw rainwater trickling down his beard. It rained that day, the next day, the third day, the fourth day and till the next Friday, when the same Bedouin or some other person stood up (during the Friday Khutba) and said, "O Allah's Apostle! The houses have collapsed and the livestock are drowned. Please invoke Allah for us." So Allah's Apostle raised both his hands and said, "O Allah! Around us and not on us." Whichever side the Prophet directed his hand, the clouds dispersed from there till a hole (in the clouds) was formed over Medina. The valley of Qanat remained flowing (with water) for one month and none, came from outside who didn't talk about the abundant rain.

This hadith has been narrated on the authority of Ibn 'Umar through some other chains of transmitters but with a slight variation of words.

I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin `Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sa`d, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin `Abdullah's purse.

Abraham did not tell a lie except on three occasion. Twice for the Sake of Allah when he said, "I am sick," and he said, "(I have not done this but) the big idol has done it." The (third was) that while Abraham and Sarah (his wife) were going (on a journey) they passed by (the territory of) a tyrant. Someone said to the tyrant, "This man (i.e. Abraham) is accompanied by a very charming lady." So, he sent for Abraham and asked him about Sarah saying, "Who is this lady?" Abraham said, "She is my sister." Abraham went to Sarah and said, "O Sarah! There are no believers on the surface of the earth except you and I. This man asked me about you and I have told him that you are my sister, so don't contradict my statement." The tyrant then called Sarah and when she went to him, he tried to take hold of her with his hand, but (his hand got stiff and) he was confounded. He asked Sarah. "Pray to Allah for me, and I shall not harm you." So Sarah asked Allah to cure him and he got cured. He tried to take hold of her for the second time, but (his hand got as stiff as or stiffer than before and) was more confounded. He again requested Sarah, "Pray to Allah for me, and I will not harm you." Sarah asked Allah again and he became alright. He then called one of his guards (who had brought her) and said, "You have not brought me a human being but have brought me a devil." The tyrant then gave Hajar as a girl-servant to Sarah. Sarah came back (to Abraham) while he was praying. Abraham, gesturing with his hand, asked, "What has happened?" She replied, "Allah has spoiled the evil plot of the infidel (or immoral person) and gave me Hajar for service." (Abu Huraira then addressed his listeners saying, "That (Hajar) was your mother, O Bani Ma-is-Sama (i.e. the Arabs, the descendants of Ishmael, Hajar's son).

`Uqba bin `Amr said to Hudhaifa, "Won't you relate to us of what you have heard from Allah's Apostle ?" He said, "I heard him saying, "When Al-Dajjal appears, he will have fire and water along with him. What the people will consider as cold water, will be fire that will burn (things). So, if anyone of you comes across this, he should fall in the thing which will appear to him as fire, for in reality, it will be fresh cold water." Hudhaifa added, "I also heard him saying, 'From among the people preceding your generation, there was a man whom the angel of death visited to capture his soul. (So his soul was captured) and he was asked if he had done any good deed.' He replied, 'I don't remember any good deed.' He was asked to think it over. He said, 'I do not remember, except that I used to trade with the people in the world and I used to give a respite to the rich and forgive the poor (among my debtors). So Allah made him enter Paradise." Hudhaifa further said, "I also heard him saying, 'Once there was a man on his death-bed, who, losing every hope of surviving said to his family: When I die, gather for me a large heap of wood and make a fire (to burn me). When the fire eats my meat and reaches my bones, and when the bones burn, take and crush them into powder and wait for a windy day to throw it (i.e. the powder) over the sea. They did so, but Allah collected his particles and asked him: Why did you do so? He replied: For fear of You. So Allah forgave him." `Uqba bin `Amr said, "I heard him saying that the Israeli used to dig the grave of the dead (to steal their shrouds).

We went out with Allah's Apostle on one of his journeys till we reached Al-Baida or Dhatul-Jaish where my necklace got broken (and lost). Allah's Apostle stopped to search for it and the people too stopped with him. There was no water at that place and they had no water with them. So they went to Abu Bakr and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stop where there is no water and they have no water with them. Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh and said, "You detained Allah Apostle and the people where there is no water and they have no water." He then admonished me and said what Allah wished and pinched me at my flanks with his hands, but I did not move because the head of Allah's Apostle was on my thigh . Allah's Apostle kept on sleeping till be got up in the morning and found no water. Then Allah revealed the Divine Verse of Tayammum, and the people performed Tayammum. Usaid bin AlHudair said. "O family of Abu Bakr! This is not the first blessings of yours." We urged the camel on which I was sitting to get up from its place and the necklace was found under it.

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of ...

A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

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 ...

Yahya related to me from Malik from Zayd ibn Aslam that Jabir ibn Abdullah al-Ansari said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the raid on the Banu Ammar tribe." Jabir said, "I was resting under a tree when the Messenger of Allah, may Allah bless him and grant him peace, came. I said, 'Messenger of Allah; come to the shade.' So the Messenger of Allah, may Allah bless him and grant him peace, sat down, and I stood up and went to a sack of ours. I looked in it for something and found a small cucumber and broke it. Then I brought it to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'From where did you get this?' I said, 'We brought it from Madina, Messenger of Allah.' "

Jabir continued, "We had a friend of ours with us whom we used to equip to go out to guard our mounts. I gave him what was necessary and then he turned about to go to the mounts and he was wearing two threadbare cloaks of his. The Messenger of Allah, may Allah bless him and grant him peace, looked at him and said, 'Does he have two garments other than these?' I said, 'Yes, Messenger of Allah. He has two garments in the bag.' I gave them to him. He said, 'Let him go and put them on.' I let him go to put them on. As he turned to go, the Messenger of Allah, may Allah bless him and grant him peace, exclaimed, 'May Allah strike his neck. Isn't that better for him?' He said (taking him literally), 'Messenger of Allah, in the way of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'In the way of Allah.' " Jabir added, "The man was killed in the way of Allah."

Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).

When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'

The wife of the Prophet : We set out with Allah's Apostle on one of his journeys, and when we were at Baida' or at Dhat-al-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to look for it, and so did the people along with him. Neither were they at a place of water, nor did they have any water with them. So the people went to Abu Bakr As-Siddiq and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people, stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh. He said (to me), "You have detained Allah's Apostle and the people where there is no water, and they have no water with them." So he admonished me and said what Allah wished him to say, and he hit me on my flanks with his hand. Nothing prevented me from moving (because of pain! but the position of Allah's Apostle on my thigh. So Allah's Apostle got up when dawn broke and there was no water, so Allah revealed the Verse of Tayammum. Usaid bin Hudair said, "It is not the first blessing of yours, O the family of Abu Bakr." Then we made the camel on which I was riding, got up, and found the necklace under it.

There was a Jew in Medina who used to lend me money up to the season of plucking dates. (Jabir had a piece of land which was on the way to Ruma). That year the land was not promising, so the payment of the debt was delayed one year. The Jew came to me at the time of plucking, but gathered nothing from my land. I asked him to give me one year respite, but he refused. This news reached the Prophet whereupon he said to his companions, "Let us go and ask the Jew for respite for Jabir." All of them came to me in my garden, and the Prophet started speaking to the Jew, but he Jew said, "O Abu Qasim! I will not grant him respite." When the Prophet saw the Jew's attitude, he stood up and walked all around the garden and came again and talked to the Jew, but the Jew refused his request. I got up and brought some ripe fresh dates and put it in front of the Prophet. He ate and then said to me, "Where is your hut, O Jabir?" I informed him, and he said, "Spread out a bed for me in it." I spread out a bed, and he entered and slept. When he woke up, I brought some dates to him again and he ate of it and then got up and talked to the Jew again, but the Jew again refused his request. Then the Prophet got up for the second time amidst the palm trees loaded with fresh dates, and said, "O Jabir! Pluck dates to repay your debt." The Jew remained with me while I was plucking the dates, till I paid him all his right, yet there remained extra quantity of dates. So I went out and proceeded till I reached the Prophet and informed him of the good news, whereupon he said, "I testify that I am Allah's Apostle."