Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it."

Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it."

Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone."

The Prophet said, "Whoever purposely throws himself from a mountain and kills himself, will be in the (Hell) Fire falling down into it and abiding therein perpetually forever; and whoever drinks poison and kills himself with it, he will be carrying his poison in his hand and drinking it in the (Hell) Fire wherein he will abide eternally forever; and whoever kills himself with an iron weapon, will be carrying that weapon in his hand and stabbing his `Abdomen with it in the (Hell) Fire wherein he will abide eternally forever."

A man stood up and asked the Prophet about praying in a single garment. The Prophet said, "Has every one of you two garments?" A man put a similar question to `Umar on which he replied, "When Allah makes you wealthier then you should clothe yourself properly during prayers. Otherwise one can pray with an Izar and a Rida' (a sheet covering the upper part of the body.) Izar and a shirt, Izar and a Qaba', trousers and a Rida, trousers and a shirt or trousers and a Qaba', Tubban and a Qaba' or Tubban and a shirt." (The narrator added, "I think that he also said a Tubban and a Rida. ")

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.

Yahya related to me from Malik from Yahya ibn Said that Muadh ibn Jabal said, "There are two military expeditions. There is one military expedition in which valuables are spent, the contributor is willing, the authorities are obeyed, and corruption is avoided. That military expedition is all good. There is a military expedition in which valuables are not spent, the contributor is not willing, the authorities are not obeyed, and corruption is not avoided. The one who fights in that military expedition does not return with reward."

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on ...

Nafi' reported: Ibn Umar made the call to prayer at Dajnan (a place between Mecca and Medina). Then he announced: "Offer prayer in your dwellings:" He then narrated a tradition from the Messenger of Allah (saws). He used to command an announcer who made the call to prayer. He then announced: "Pray in your dwellings" on a cold or rainy night during journey.

Abu Dawud said: This tradition has been narrated by Hammad b. Salamah from Ayyub and 'Ubaid Allah. In his version he added: During journey on a cold or a rainy night.

Wahb ibn Munabbih said: Abdullah ibn Amr asked the Prophet (saws); In how many days should one complete the recitation of the Qur'an? He said: In forty days. He then said: In one month. He again said: In twenty days. He then said: In fifteen days. He then said: In ten days. Finally he said: In seven days.

Yahya related to me from Malik that Nafi, the mawla of Abdullah ibn Umar said, "I was at Adha and Fitr with Abu Hurayra and he said 'Allah is greater' seven times in the first raka, before the recitation, and five times in the second, before the recitation."

My father said, "The Prophet in Zuhr prayers used to recite Al-Fatiha along with two other Suras in the first two rak`at: a long one in the first rak`a and a shorter (Sura) in the second, and at times the verses were audible. In the `Asr prayer the Prophet used to recite Al-Fatiha and two more Suras in the first two rak`at and used to prolong the first rak`a. And he used to prolong the first rak`a of the Fajr prayer and shorten the second.

that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphans (4.3) She said, "O my nephew! This Verse refers to the orphan girl who is under the guardianship of her guardian who likes her beauty and wealth and wishes to (marry her and) curtails her Mahr. Such guardians have been forbidden to marry them unless they do justice by giving them their full Mahr, and they have been ordered to marry other than them. The people asked for the verdict of Allah's Apostle after that, so Allah revealed: 'They ask your instruction concerning the women . . . whom you desire to marry.' (4.127) So Allah revealed to them that if the orphan girl had beauty and wealth, they desired to marry her and for her family status. They can only marry them if they give them their full Mahr. And if they had no desire to marry them because of their lack of wealth and beauty, they would leave them and marry other women. So, as they used to leave them, when they had no interest, in them, they were forbidden to marry them when they had such interest, unless they treated them justly and gave them their full Mahr Apostle said, 'If at all there is evil omen, it is in the horse, the woman and the house." a lady is to be warded off. And the Statement of Allah: 'Truly, among your wives and your children, there are enemies for you (i.e may stop you from the obedience of Allah)' (64.14)

Allah's Apostle used to practice I`tikaf (in the mosque) in the middle third of Ramadan and after passing the twenty nights he used to go back to his house on the 21st, and the people who were in I`tikaf with him also used to go back to their houses. Once in Ramadan, in which he practiced I`tikaf, he established the night prayers at the night in which he used to return home, and then he addressed the people and ordered them whatever Allah wished him to order and said, "I used to practice I`tikaf for these ten days (i.e. the middle third but now I intend to stay in I`tikaf for the last ten days (of the month); so whoever was in I`tikaf with me should stay at his place of seclusion. I have verily been shown (the date of) this Night (of Qadr) but I have forgotten it. So search for it in the odd nights of the last ten days (of this month). I also saw myself (in the dream) prostrating in mud and water." On the night of the 21st, the sky was covered with clouds and it rained, and the rainwater started leaking through the roof of the mosque at the praying place of the Prophet . I saw with my own eyes the Prophet at the completion of the morning prayer leaving with his face covered with mud and water.

My father said, "The Prophet uses to recite Al-Fatiha followed by another Sura in the first two rak`at of the prayer and used to recite only Al-Fatiha in the last two rak`at of the Zuhr prayer. Sometimes a verse or so was audible and he used to prolong the first rak`a more than the second and used to do the same in the `Asr and Fajr prayers."

The Prophet (saws) said: No (Muslim) man will desert a man who is a Muslim in a place where his respect may be violated and his honour aspersed without Allah deserting him in a place here he wishes his help; and no (Muslim) man who will help a Muslim in a place where his honour may be aspersed and his respect violated without Allah helping him in a place where he wishes his help.

Yahya said: 'Ubaid Allah b. 'Abd Allah b. 'Umar and 'Uqbah b. Shaddad transmitted it to me.

Abu Dawud said: This yahya b. Sulaim is the son of Zaid, the freed slave of the Prophet (saws), and Isma'il b. Bashir is the freed slave of Banu Maghalah. Sometimes the name of 'Utbah b. Shaddad is mentioned instead of 'Uqbah.

She reported on the authority of her paternal uncle: I asked the Prophet (saws): Who are in Paradise? He replied: Prophets are in Paradise, martyrs are in Paradise, infants are in Paradise and children buried alive are in Paradise.

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.

That the Messenger of Allah (saws) said: "(Ribat) Guarding the frontier for a day in the cause of Allah is better than the world and what is in it. And an afternoon the worshipper spends in the cause of Allah - or a morning - is better than the world and what is on it. And the space occupied by the whip of one of you in Paradise is better than the world and what is on it."

This Hadith is Hasan Sahih.

Yahya related to me from Malik from Yahya ibn Said that Abdullah ibn Masud said to a certain man, "You are in a time when men of understanding (fuqaha) are many and Qur'an reciters are few, when the limits of behaviour defined in the Qur'an are guarded and its letters are lost, when few people ask and many give, when they make the prayer long and the khutba short, and put their actions before their desires. A time will come upon men when their fuqaha are few but their Qur'an reciters are many, when the letters of the Qur'an are guarded carefully but its limits are lost, when many ask but few give, when they make the khutba long but the prayer short, and put their desires before their actions."

Musa bin `Uqba said, "I saw Salim bin `Abdullah looking for some places on the way and prayed there. He narrated that his father used to pray there, and had seen the Prophet praying at those very places." Narrated Nafi` on the authority of Ibn `Umar who said, "I used to pray at those places." Musa the narrator added, "I asked Salim on which he said, 'I agree with Nafi` concerning those places, except the mosque situated at the place called Sharaf Ar-Rawha."

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

Yahya related to me from Malik from Abdullah ibn Dinar that he used to see Abdullah ibn Umar sacrificing animals two at a time during hajj and one at a time during umra. He said, "I saw him sacrifice an animal during an umra outside the house of Khalid ibn Usayd, where he was staying. I saw him stick his spear in the throat of the animal he was going to sacrifice until the spear came out under its shoulder."'

Once in a cold night, Ibn `Umar pronounced the Adhan for the prayer at Dajnan (the name of a mountain) and then said, "Pray at your homes", and informed us that Allah's Apostle used to tell the Mu'adh-dhin to pronounce Adhan and say, "Pray at your homes" at the end of the Adhan on a rainy or a very cold night during the journey."

Ibn Umar reported that Allah's Messenger (may peace be upon him) had made for himself a ring of silver, and he (wore it in his finger). then it was in Abu Bakr's finger. then it was in'Umar's finger. then it was in 'Uthman's finger. until it fell into the well of Aris and it had these words engraved upon it (Muhammad, Messenger of Allah). Ibn Numair narrated it with a slight variation of words.

When I arrived at Medina, `Abdullah bin Salam met me and said to me, "Accompany me to my house so that I may make you drink from a bowl from which Allah's Apostle used to drink, and that you may offer prayer in the mosque in which the Prophet used to pray." I accompanied him, and he made me drink Sawiq and gave me dates to eat, and then I prayed in his mosque.

The Messenger of Allah (saws) said: The best day on which the sun has risen is Friday; on it Adam was created, on it he was expelled (from Paradise), on it his contrition was accepted, on it he died, and on it the Last Hour will take place. On Friday every beast is on the lookout from dawn to sunrise in fear of the Last Hour, but not jinn and men, and it contains a time at which no Muslim prays and asks anything from Allah but He will give it to him. Ka'b said: That is one day every year. So I said: It is on every Friday. Ka'b read the Torah and said: The Messenger of Allah (saws) has spoken the truth. AbuHurayrah said: I met Abdullah ibn Salam and told him of my meeting with Ka'b. Abdullah ibn Salam said: I know what time it is. AbuHurayrah said: I asked him to tell me about it. Abdullah ibn Salam said: It is at the very end of Friday. I asked: How can it be when the Messenger of Allah (saws) has said: "No Muslim finds it while he is praying...." and this is the moment when no prayer is offered. Abdullah ibn Salam said: Has the Messenger of Allah (saws) not said: "If anyone is seated waiting for the prayer, he is engaged in the prayer until he observes it." I said: Yes, it is so.

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

A man said: Messenger of Allah! we were in an abode in which our numbers and our goods were many and changed to an abode in which our numbers and our goods became few. The Messenger of Allah (saws) said: Leave it, for it is reprehensible.

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 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."