Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

When the Messenger of Allah (saws) halted at a certain place (while on a journey), he would not leave that place till he offered the noon prayer. A man said to him: Even if in the middle of the day? He replied: Even if in the middle of the day.

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

The Messenger of Allah (saws) heard a man saying: O Allah, I ask Thee, I bear witness that there is no god but Thou, the One, He to Whom men repair, Who has not begotten, and has not been begotten, and to Whom no one is equal, and he said: You have supplicated Allah using His Greatest Name, when asked with this name He gives, and when supplicated by this name he answers.

When the people of Medina dethroned Yazid bin Muawiya, Ibn `Umar gathered his special friends and children and said, "I heard the Prophet saying, 'A flag will be fixed for every betrayer on the Day of Resurrection,' and we have given the oath of allegiance to this person (Yazid) in accordance with the conditions enjoined by Allah and His Apostle and I do not know of anything more faithless than fighting a person who has been given the oath of allegiance in accordance with the conditions enjoined by Allah and His Apostle , and if ever I learn that any person among you has agreed to dethrone Yazid, by giving the oath of allegiance (to somebody else) then there will be separation between him and me."

That Allah's Apostle came to her in a happy mood with his features glittering with joy, and said, "Have you not heard what the Qaif has said about Zaid and Us-ama? He saw their feet and remarked. These belong to each other." (i.e. They are father and son.)

The Prophet offered a wedding banquet on the occasion of his marriage to Zainab, and provided a good meal for the Muslims. Then he went out as was his custom on marrying, he came to the dwelling places of the mothers of the Believers (i.e. his wives) invoking good (on them), and they were invoking good (on him). Then he departed (and came back) and saw two men (still sitting there). So he left again. I do not remember whether I informed him or he was informed (by somebody else) of their departure).

When the Prophet became ill, some of his wives talked about a church which they had seen in Ethiopia and it was called Mariya. Um Salma and Um Habiba had been to Ethiopia, and both of them narrated its (the Church's) beauty and the pictures it contained. The Prophet raised his head and said, "Those are the people who, whenever a pious man dies amongst them, make a place of worship at his grave and then they make those pictures in it. Those are the worst creatures in the Sight of Allah."

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "I stood behind Abu Bakr and Umar and Uthman and none of them used to recite 'In the name of Allah, the Merciful, the Compassionate' when they began the prayer."

Allah's Apostle said, "When the Adhan for the prayer is pronounced, then Satan takes to his heels passing wind so that he may not hear the Adhan and when the Mu'adh-dhin finishes, he comes back; and when the Iqama is pronounced he again takes to his heels and when it is finished, he again comes back and continues reminding the praying person of things that he used not to remember when not in prayer till he forgets how much he has prayed." Abu Salama bin `Abdur-Rahman said, "If anyone of you has such a thing (forgetting the number of rak`at he has prayed) he should perform two prostrations of Sahu (i.e. forgetfulness) while sitting." Abu Salama narrates this from Abu Huraira.

The Prophet (saws) said: Beware! I have been given the Qur'an and something like it, yet the time is coming when a man replete on his couch will say: Keep to the Qur'an; what you find in it to be permissible treat as permissible, and what you find in it to be prohibited treat as prohibited. Beware! The domestic ass, beasts of prey with fangs, a find belonging to confederate, unless its owner does not want it, are not permissible to you If anyone comes to some people, they must entertain him, but if they do not, he has a right to mulct them to an amount equivalent to his entertainment.

The Prophet said, "There are three types of people whom Allah will neither talk to, nor look at, on the Day of Resurrection. (They are): -1. A man who takes an oath falsely that he has been offered for his goods so much more than what he is given, -2. a man who takes a false oath after the `Asr prayer in order to grab a Muslim's property, and -3. a man who withholds his superfluous water. Allah will say to him, "Today I will withhold My Grace from you as you withheld the superfluity of what you had not created."

When Ibn Ziyad and Marwan were in Sham and Ibn Az-Zubair took over the authority in Mecca and Qurra' (the Kharijites) revolted in Basra, I went out with my father to Abu Barza Al-Aslami till we entered upon him in his house while he was sitting in the shade of a room built of cane. So we sat with him and my father started talking to him saying, "O Abu Barza! Don't you see in what dilemma the people has fallen?" The first thing heard him saying "I seek reward from Allah for myself because of being angry and scornful at the Quraish tribe. O you Arabs! You know very well that you were in misery and were few in number and misguided, and that Allah has brought you out of all that with Islam and with Muhammad till He brought you to this state (of prosperity and happiness) which you see now; and it is this worldly wealth and pleasures which has caused mischief to appear among you. The one who is in Sham (i.e., Marwan), by Allah, is not fighting except for the sake of worldly gain: and those who are among you, by Allah, are not fighting except for the sake of worldly gain; and that one who is in Mecca (i.e., Ibn Az-Zubair) by Allah, is not fighting except for the sake of worldly gain."

Jarir said to me, The Prophet said to me, "Won't you relieve me from Dhu-l-Khalasa?" And that was a house (in Yemem belonging to the tribe of) Khatham called Al-Ka`ba Al Yamaniya. I proceeded with one-hundred and-fifty cavalry from Ahmas (tribe) who were horse riders. I used not to sit firm on horses, so the Prophet stroke me over my chest till I saw the mark of his fingers over my chest, and then he said, 'O Allah! Make him (i.e. Jarir) firm and one who guides others and is guided on the right path." So Jarir proceeded to it dismantled and burnt it, and then sent a messenger to Allah's Apostle. The messenger of Jarir said (to the Prophet), "By Him Who sent you with the Truth, I did not leave that place till it was like a scabby camel." The Prophet blessed the horses of Ahmas and their men five times.

I used to accompany Salama bin Al-Akwa` and he used to pray behind the pillar which was near the place where the Qur'ans were kept. I said, "O Abu Muslim! I see you always seeking to pray behind this pillar." He replied, "I saw Allah's Apostle always seeking to pray near that pillar."

The Prophet intended to practice I`tikaf and when he reached the place where he intended to perform I`tikaf, he saw some tents, the tents of `Aisha, Hafsa and Zainab. So, he said, "Do you consider that they intended to do righteousness by doing this?" And then he went away and did not perform I`tikaf (in Ramadan) but performed it in the month of Shawwal for ten days.

Abu Dawud said : The version of Hisham was not narrated by anyone except Sa'id.

A man from among the people, came to Allah's Apostle while Allah's Apostle was sitting in the mosque, and addressed him, saying, "O Allah's Apostle! I have committed an illegal sexual intercourse." The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed an illegal intercourse." The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, "Are you mad?" He said, "No, O Allah's Apostle!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Apostle." The Prophet said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "

One of them said and Yalamlam for the people of Yemen. The other narrator said Alamlam. These (places for Ihram) are appointed for these regions and for people of other regions who come to them intending to perform Hajj and `Umrah. The place where those who live nearer to Makkah should put on Ihram from where they start and so on up to the inhabitants of Makkah itself who put on Ihram in it. This is the version of Ibn Tawus.

Ibn 'Abbas (Allah be pleased with them) reported that the Messenger of Allah (may peace be upon him) specified Dhu'l-Hulaifa, for the people of Medina; Juhfa for the people of Syria; Qarn al-Manazil, for the people of Najd; Yalamlam for the people of Yemen (the Mawaqit) and those (Mawaqit) are also meant for those who live at these (places) and for those too who come from without towards them for the sake of Hajj or 'Umra. And those who live within them (within the bounds of these places) or in the suburbs of Mecca or within Mecca, they should enter upon the state of Ihram at these very places.

The Prophet (saws) said: A believer who recites the Qur'an is like a citron whose fragrance is sweet and whose taste is sweet, a believer who does not recite the Qur'an is like a date which has no fragrance but has sweet taste, a profligate who recites the Qur'an is like basil whose fragrance is sweet but whose taste is bitter, and the profligate who does not recite the Qur'an is like the colocynth which has a bitter taste and has not fragrance. A good companion is like a man who has musk; if nothing of it goes to you, its fragrance will (certainly) go to you; and a bad companion is like a man who has bellows; if its (black) root does not go to you, its smoke will (certainly) go to you.

The Prophet (saws) said: When a man goes out of his house and says: "In the name of Allah, I trust in Allah; there is no might and no power but in Allah," the following will be said to him at that time: "You are guided, defended and protected." The devils will go far from him and another devil will say: How can you deal with a man who has been guided, defended and protected?

He then placed his hand on my forehead and passed it over my face and stomach and made this supplication. "O Allah, cure sad and completed his emigration." Ever since I have not ceased to sense the pleasant cool of his hand on my liver."

Yahya related to me from Malik that he asked Ibn Shihab about making a condition in the hajj that one could leave ihram at any place where an obstacle befell one and he said, "Does anyone do that?' and disapproved of it.

Malik was asked whether a man could cut plants from the Haram for his mount, and he said, "No."

Um Habiba and Um Salama mentioned about a church they had seen in Ethiopia in which there were pictures. They told the Prophet about it, on which he said, "If any religious man dies amongst those people they would build a place of worship at his grave and make these pictures in it. They will be the worst creature in the sight of Allah on the Day of Resurrection."

AbuUmayr reported on the authority of some of his paternal uncles who were Companions of the Prophet (saws): Some men came riding to the Prophet (saws) and testified that they had sighted the new moon the previous day. He (the Holy Prophet), therefore, commanded the people to break the fast and to go out to their place of prayer in the morning.

Bushair b. Yasir reported on the authority of some of the Companions of Allah's Messenger (may peace be upon hinn) from among the members of his family that he forbade (the direct exchange of a commodity having different qualities) but with the change that Ishaq and Ibn al-Muthanna used the word Zabn in place of Riba and Ibn Abu 'Umar used the word Riba (interest).

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

There was a black slave girl belonging to an 'Arab tribe and they manumitted her but she remained with them. The slave girl said, "Once one of their girls (of that tribe) came out wearing a red leather scarf decorated with precious stones. It fell from her or she placed it somewhere. A kite passed by that place, saw it Lying there and mistaking it for a piece of meat, flew away with it. Those people searched for it but they did not find it. So they accused me of stealing it and started searching me and even searched my private parts." The slave girl further said, "By Allah! while I was standing (in that state) with those people, the same kite passed by them and dropped the red scarf and it fell amongst them. I told them, 'This is what you accused me of and I was innocent and now this is it.' " `Aisha added: That slave girl came to Allah's Apostle and embraced Islam. She had a tent or a small room with a low roof in the mosque. Whenever she called on me, she had a talk with me and whenever she sat with me, she would recite the following: "The day of the scarf (band) was one of the wonders of our Lord, verily He rescued me from the disbelievers' town. `Aisha added: "Once I asked her, 'What is the matter with you? Whenever you sit with me, you always recite these poetic verses.' On that she told me the whole story. "

When there was revealed: 'It is those who believe and confuse not their beliefs with wrong.' (6.82) It was very hard for the companions of Allah's Apostle, so they said, "Which of us has not confused his belief with wrong?" Allah's Apostle said, "The Verse does not mean this. Don't you hear Luqman's statement to his son: 'Verily! Joining others in worship, with Allah is a great wrong indeed.' (31.13)

The Prophet took a camel of special age from somebody on credit. Its owner came and demanded it back (harshly). The Prophet said, "No doubt, he who has a right, can demand it." Then the Prophet gave him an older camel than his camel and said, "The best amongst you is he who repays his debts in the most handsome way."

We practiced I`tikaf with Allah's Apostle in the middle ten days (of Ramadan). In the morning of the twentieth (of Ramadan) we shifted our baggage, but Allah's Apostle came to us and said, "Whoever was m I`tikaf should return to his place of I`tikaf, for I saw (i.e. was informed about the date of) this Night (of Qadr) and saw myself prostrating in mud and water." When I returned to my place the sky was overcast with clouds and it rained. By Him Who sent Muhammad with the Truth, the sky was covered with clouds from the end of that day, and the mosque which was roofed with leafstalks of date palm trees (leaked with rain) and I saw the trace of mud and water over the nose of the Prophet and its tip.