Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

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

Allah's Apostle used to visit Umm Haram bint Milhan, who would offer him meals. Umm Haram was the wife of Ubada bin As-Samit. Allah's Apostle, once visited her and she provided him with food and started looking for lice in his head. Then Allah's Apostle slept, and afterwards woke up smiling. Umm Haram asked, "What causes you to smile, O Allah's Apostle?" He said. "Some of my followers who (in a dream) were presented before me as fighters in Allah's cause (on board a ship) amidst this sea caused me to smile; they were as kings on the thrones (or like kings on the thrones)." (Ishaq, a sub-narrator is not sure as to which expression the Prophet used.) Umm Haram said, "O Allah's Apostle! Invoke Allah that he makes me one of them. Allah's Apostle invoked Allah for her and slept again and woke up smiling. Once again Umm Haram asked, "What makes you smile, O Allah's Apostle?" He replied, "Some of my followers were presented to me as fighters in Allah's Cause," repeating the same dream. Umm Haram said, "O Allah's Apostle! Invoke Allah that He makes me one of them." He said, "You are amongst the first ones." It happened that she sailed on the sea during the Caliphate of Mu'awiya bin Abi Sufyan, and after she disembarked, she fell down from her riding animal and died.

Abu Dawud said: This tradition has been narrated by ‘Amr b. Salamah through a different chain of transmitter. This version has: “When my clan visited the Prophet( may peace be upon him) ....” He did not report it on the authority of his father.

(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.

I asked the Prophet whether the round wall (near Ka`ba) was part of the Ka`ba. The Prophet replied in the affirmative. I further said, "What is wrong with them, why have they not included it in the building of the Ka`ba?" He said, "Don't you see that your people (Quraish) ran short of money (so they could not include it inside the building of Ka`ba)?" I asked, "What about its gate? Why is it so high?" He replied, "Your people did this so as to admit into it whomever they liked and prevent whomever they liked. Were your people not close to the Pre-Islamic Period of ignorance (i.e. they have recently embraced Islam) and were I not afraid that they would dislike it, surely I would have included the (area of the) wall inside the building of the Ka`ba and I would have lowered its gate to the level of the ground."

Yahya said that Malik was asked about whether a man who gave some sadaqa, and then found it being offered back to him for sale by some one other than the man to whom he had given it, could buy it or not, and he said, "I prefer that he leaves it."

The Prophet said, "The example of a miser and an almsgiver is like the example of two persons wearing iron cloaks." Allah's Apostle also said, "The example of an almsgiver and a miser is like the example of two persons who have two iron cloaks on them from their breasts to their collar bones, and when the almsgiver wants to give in charity, the cloak becomes capacious till it covers his whole body to such an extent that it hides his fingertips and covers his footprints (obliterates his tracks). (1) And when the miser wants to spend, it (the iron cloak) sticks and every ring gets stuck to its place and he tries to widen it, but it did not become wide.

Allah's Apostle sent the brother of the tribe of Bani Adi Al-Ansari as governor of Khaibar. Then the man returned, bringing Janib (a good kind of date). Allah's Apostle asked him, "Are all the dates of Khaibar like that?" He replied, "No, by Allah, O Allah's Apostle! We take one Sa' of these (good) dates for two Sas of mixed dates." Allah's Apostle then said, "Do not do so. You should either take one Sa of this (kind) for one Sa' of the other; or sell one kind and then buy with its price the other kind (of dates), and you should do the same in weighing."

Allah's Apostle said, "(The Prophet) Moses was a shy person and used to cover his body completely because of his extensive shyness. One of the children of Israel hurt him by saying, 'He covers his body in this way only because of some defect in his skin, either leprosy or scrotal hernia, or he has some other defect.' Allah wished to clear Moses of what they said about him, so one day while Moses was in seclusion, he took off his clothes and put them on a stone and started taking a bath. When he had finished the bath, he moved towards his clothes so as to take them, but the stone took his clothes and fled; Moses picked up his stick and ran after the stone saying, 'O stone! Give me my garment!' Till he reached a group of Bani Israel who saw him naked then, and found him the best of what Allah had created, and Allah cleared him of what they had accused him of. The stone stopped there and Moses took and put his garment on and started hitting the stone with his stick. By Allah, the stone still has some traces of the hitting, three, four or five marks. This was what Allah refers to in His Saying:-- "O you who believe! Be you not like those Who annoyed Moses, But Allah proved his innocence of that which they alleged, And he was honorable In Allah's Sight." (33.69)

[Al-Bukhari and Muslim].

That Ibn Sirin said: "I made my sword like the sword of Samurah bin Jundab. Samurah claimed that he made his sword like the sword of the Messenger of Allah (saws), and it was a Hanafiyah."

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through this route. Yahya bin Sa'eed Al-Qattan has criticized 'Uthman bin Sa'd the scribe, and he graded him weak due to his memory.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

Hisham narrated it from his father, who narrated it on the authority of 'A'isha that when the Apostle (may peace be upon him) took a bath because of sexual inter-course, he first washed the palms of his hands three times, and then the whole hadith was transmitted like that based on the authority of Abu Mu'awyia, but no mention is made of the washing of feet.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "There is nothing that Allah does not like to be pardoned as long as it is not a hadd."

Yahya said that Malik said, "The sunna with us is that the hadd is obliged against anyone who drinks something intoxicating whether or not he becomes drunk."

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

The delegates of `Abd-ul-Qais came to Allah's Apostle and said, "O Allah's Apostle! We are from the tribe of Rabi`a and the infidels of Mudar tribe stand between us and you, so that we cannot come to you except in the Sacred Months. Therefore we would like you to give us some instructions which we may follow and convey to our people staying behind us." The Prophet said, "I order you to observe four things and forbid you (to do) four things: (I order you) to believe in Allah testifying that None has the right to be worshipped except Allah; to offer the prayer perfectly; to pay the Zakat; and to give one-fifth of the war booty to Allah. And I forbid you to use Ad-Dubba, Al-Hantam, An-Naqir and Al- Muzaffat." (These are names of utensils in which alcoholic drinks were served.)

A tailor invited the Prophet to a meal which he had prepared, and I went along with the Prophet . The tailor presented barley bread and soup containing gourd and cured meat. I saw the Prophet picking the pieces of gourd from around the dish, and since then I have kept on liking gourd.

Abu Bakr asked the Prophet to allow him to go out (of Mecca) when he was greatly annoyed (by the infidels). But the Prophet said to him, ''Wait." Abu Bakr said, O Allah's Apostle! Do you hope that you will be allowed (to migrate)?" Allah's Apostle replied, "I hope so." So Abu Bakr waited for him till one day Allah's Apostle came at noon time and addressed him saying "Let whoever is present with you, now leave you." Abu Bakr said, "None is present but my two daughters." The Prophet said, "Have you noticed that I have been allowed to go out (to migrate)?" Abu Bakr said, "O Allah's Apostle, I would like to accompany you." The Prophet said, "You will accompany me." Abu Bakr said, "O Allah's Apostle! I have got two she-camels which I had prepared and kept ready for (our) going out." So he gave one of the two (she-camels) to the Prophet and it was Al-Jad`a . They both rode and proceeded till they reached the Cave at the mountain of Thaur where they hid themselves. Amir bin Fuhaira was the slave of `Abdullah bin at-Tufail bin Sakhbara `Aisha's brother from her mother's side. Abu Bakr had a milch she-camel. Amir used to go with it (i.e. the milch she-camel) in the afternoon and come back to them before noon by setting out towards them in the early morning when it was still dark and then he would take it to the pasture so that none of the shepherds would be aware of his job. When the Prophet (and Abu Bakr) went away (from the Cave), he (i.e. 'Amir) too went along with them and they both used to make him ride at the back of their camels in turns till they reached Medina. 'Amir bin Fuhaira was martyred on the day of Bir Ma'una. Narrated `Urwa: When those (Muslims) at Bir Ma'una were martyred and `Amr bin Umaiya Ad- Damri was taken prisoner, 'Amir bin at-Tufail, pointing at a killed person, asked `Amr, "Who is this?" `Amr bin Umaiya said to him, "He is 'Amir bin Fuhaira." 'Amir bin at-Tufail said, "I saw him lifted to the sky after he was killed till I saw the sky between him and the earth, and then he was brought down upon the earth. Then the news of the killed Muslims reached the Prophet and he announced the news of their death saying, "Your companions (of Bir Ma'una) have been killed, and they have asked their Lord saying, 'O our Lord! Inform our brothers about us as we are pleased with You and You are pleased with us." So Allah informed them (i.e. the Prophet and his companions) about them (i.e. martyrs of Bir Mauna). On that day, `Urwa bin Asma bin As-Salt who was one of them, was killed, and `Urwa (bin Az- Zubair) was named after `Urwa bin Asma and Mundhir (bin AzZubair) was named after Mundhir bin `Amr (who had also been martyred on that day).

Yahya related to me from Malik that Ibn Shihab used to say, "When a man catches the raka he says, 'Allah is greater' once, and that takbir is enough for him."

Malik added, "That is if he intended to begin the prayer by that takbir "

Malik was asked about a man who began with the imam but forgot the opening takbir and the takbir of the ruku until he had done one raka. Then he remembered that he had not said the takbir at the opening nor in the ruku,so he said the takbir in the second raka. He said, "I prefer that he start his prayer again, but if he forgets the opening takbir with the imam and says the takbir in the first ruku, I consider that enough for him if he intends by it the opening takbir."

Malik said, about some one who prayed by himself and forgot the opening takbir, "He begins his prayer afresh ."

Malik said, about an imam who forgot the opening takbir until he had finished his prayer, "I think that he should do the prayer again, and those behind him, even if they have said the takbir."

Allah's Apostle said, "The strong is not the one who overcomes the people by his strength, but the strong is the one who controls himself while in anger."

The Prophet prayed the eclipse prayer, and then said, "Hell was displayed so close that I said, 'O my Lord ! Am I going to be one of its inhabitants?"' Suddenly he saw a woman. I think he said, who was being scratched by a cat. He said, "What is wrong with her?" He was told, "She had imprisoned it (i.e. the cat) till it died of hunger."

Yahya related to me from Malik from Nafi that Sulayman ibn Yasar told him that one time the fodder of the animals of Abd ar-Rahman ibn al-Aswad ibn Abd Yaghuth was finished so he said to his slave, "Take some of your family's wheat as food and buy with it barley, and take only a like quantity.' "

`Aisha brought out to us a patched wool Len garment, and she said, "(It chanced that) the soul of Allah's Apostle was taken away while he was wearing this." Abu-Burda added, "Aisha brought out to us a thick waist sheet like the ones made by the Yemenites, and also a garment of the type called Al- Mulabbada."

I asked Az-Zuhri, "Did the Prophet ever offer the Fear Prayer?" Az-Zuhri said, "I was told by Salim that `Abdullah bin `Umar I had said, 'I took part in a holy battle with Allah's Apostle I in Najd. We faced the enemy and arranged ourselves in rows. Then Allah's Apostle (p.b.u.h) stood up to lead the prayer and one party stood to pray with him while the other faced the enemy. Allah's Apostle (p.b.u.h) and the former party bowed and performed two prostrations. Then that party left and took the place of those who had not prayed. Allah's Apostle prayed one rak`a (with the latter) and performed two prostrations and finished his prayer with Taslim. Then everyone of them bowed once and performed two prostrations individually.' "

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

I heard `Umar saying, "Whoever braids his hair should shave it (on finishing lhram). You'd better not do, something like Talbid." Ibn `Umar used to say: "I saw Allah's Apostle with his hair stuck together with gum."

Once `Abdullah bin Mas`ud delivered a sermon before us and said, "By Allah, I learnt over seventy Suras direct from Allah's Apostle . By Allah, the companions of the Prophet came to know that I am one of those who know Allah's Book best of all of them, yet I am not the best of them." Shaqiq added: I sat in his religious gathering and I did not hear anybody opposing him (in his speech).

That he asked Ibn `Abbas, "Is there a prostration Surat-al-Sa`d?" (38.24) Ibn `Abbas said, "Yes," and then recited: "We gave...So follow their guidance." (6.85,90) Then he said, "He (David ) is one them (i.e. those prophets)." Mujahid narrated: I asked Ibn `Abbas (regarding the above Verse). He said, "Your Prophet (Muhammad) was one of those who were ordered to follow them."

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from his father that Umar ibn al- Khattab was asked about a woman and her daughter who were in the possession of the right hand, and whether one could have intercourse with one of them after the other Umar said, "I dislike both being permitted together." He then forbade that.