Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Yahya related to me from Malik that what he preferred of what he had heard from the people of knowledge about a man or woman who vowed to walk to the House of Allah, was that they fulfilled the oath when performing umra, by walking until they had done say between Safa and Marwa. When they had done say it was finished. If they vowed to walk in the hajj, they walked until they came to Makka, then they walked until they had finished all the rites.

Malik said, "Walking is only for hajj or umra."

When Abu Talib was in his death bed, the Prophet went to him while Abu Jahl was sitting beside him. The Prophet said, "O my uncle! Say: None has the right to be worshipped except Allah, an expression I will defend your case with, before Allah." Abu Jahl and `Abdullah bin Umaiya said, "O Abu Talib! Will you leave the religion of `Abdul Muttalib?" So they kept on saying this to him so that the last statement he said to them (before he died) was: "I am on the religion of `Abdul Muttalib." Then the Prophet said, " I will keep on asking for Allah's Forgiveness for you unless I am forbidden to do so." Then the following Verse was revealed:-- "It is not fitting for the Prophet and the believers to ask Allah's Forgiveness for the pagans, even if they were their near relatives, after it has become clear to them that they are the dwellers of the (Hell) Fire." (9.113) The other Verse was also revealed:-- "(O Prophet!) Verily, you guide not whom you like, but Allah guides whom He will ......." (28.56)

Once the Prophet was bewitched so that he began to imagine that he had done a thing which in fact he had not done.

regarding an animal, e.g., a mouse or some other animal that had fallen into solid or liquid oil or butter-fat: I had been informed that a mouse had died in butter-fat whereupon Allah's Apostle ordered that the butter-fat near it be thrown away and the rest of the butter-fat can be eaten.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Ata ibn Abi Rabah that Abdullah ibn Abbas was asked about a man who had had intercourse with his wife while at Mina before he had done the tawaf al-ifada, and he told him to sacrifice an animal.

There was a Christian who embraced Islam and read Surat-al-Baqara and Al-`Imran, and he used to write (the revelations) for the Prophet. Later on he returned to Christianity again and he used to say: "Muhammad knows nothing but what I have written for him." Then Allah caused him to die, and the people buried him, but in the morning they saw that the earth had thrown his body out. They said, "This is the act of Muhammad and his companions. They dug the grave of our companion and took his body out of it because he had run away from them." They again dug the grave deeply for him, but in the morning they again saw that the earth had thrown his body out. They said, "This is an act of Muhammad and his companions. They dug the grave of our companion and threw his body outside it, for he had run away from them." They dug the grave for him as deep as they could, but in the morning they again saw that the earth had thrown his body out. So they believed that what had befallen him was not done by human beings and had to leave him thrown (on the ground).

'Abdullah reported that Abu Lubaba had informed him that Allah's Messenger (may peace be upon him) had forbidden the killing of the snakes found in the house.

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

We, the Companions of the Messenger of Allah (saws), used to talk mutually: Would that al-Ghamidiyyah and Ma'iz ibn Malik had withdrawn after their confession; or he said: Had they not withdrawn after their confession, he would not have pursued them (for punishment). He had them stoned after the fourth (confession).

Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd of the slave for wine. He said, "I heard that he has half the hadd of a freeman for drinking wine. Umar ibn al-Khattab, Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half of the hadd of a freeman when they drank wine."

The family of Muhammad had never eaten their fill of wheat bread for three successive days since they had migrated to Medina till the death of the Prophet.

I wrote a letter to Ibn `Abbas and he wrote to me that the Prophet had given the verdict that the defendant had to take an oath.

Anas b. Malik reported to them (his companions) that Allah's Messnger (may peace be upon him) had granted concession to Abd al-Rahman b. *Anf and Zubair b. 'Awwam for the wearing of a silk shirt during the journey and because of itch which they both had or any other disease from which both of them had been suffering.

Ziyad related to me from Malik that he had heard a man he trusted of the people of knowledge say, "The Messenger of Allah, may Allah bless him and grant him peace, was shown the lifespans of the people (who had gone) before him, or what Allah willed of that, and it was as if the lives of the people of his community had become too short for them to be able to do as many good actions as others before them had been able to do with their long lives, so Allah gave him Laylat al- Qadr, which is better than a thousand months."

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

That when he went to 'Umar during his Caliphate. 'Umar said to him, "Haven't I been told that you do certain jobs for the people but when you are given payment you refuse to take it?" 'Abdullah added: I said, "Yes." 'Umar said, "Why do you do so?" I said, "I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims." 'Umar said, "Do not do so, for I intended to do the same as you do. Allah's Apostles used to give me gifts and I used to say to him, 'Give it to a more needy one than me.' Once he gave me some money and I said, 'Give it to a more needy person than me,' whereupon the Prophet said, 'Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.' "

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad disapproved of eating game that had been killed with throwing sticks and by clay pellets.

that Thabit bin Ad-Dahhak had informed him that he was one of those who had given the Pledge of allegiance (of Al-Hudaibiya) beneath the Tree.

When a man who had dyed himself with henna passed by the Prophet (saws), he said: How fine this is! When another man who had dyed himself with henna and katam passed by, he said: This is better than that. Then another man who had dyed himself with yellow dye, passed by, he said: This is better than all that.

The Prophet (saws) had a man's hand cut off who had stolen from the place reserved for women a shield whose price was three dirhams.

Once the Prophet got his blood out (medically) and paid that person who had done it. If it had been illegal, the Prophet would not have paid him.

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Sammani from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone does ghusl for major ritual impurity on the day of jumua and then goes in the first part of the time, it is as if he had offered up a camel. If he goes in the second part of the time, it is as if he had offered up a cow. If he goes in the third part of the time, it is as if he had offered up a horned ram. If he goes in the fourth part of the time, it is as if he had offered up a hen. If he goes in the fifth part of the time, it is as if he had offered up an egg. And when the imam comes out, the angels settle down listening to the dhikr (remembrance of Allah)."

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

Yahya related to me from Malik from Hisham ibn Urwa that Zuyayd ibn as-Salt said, "I went with Umar ibn al-Khattab to Juruf and he looked down and noticed that he had had a wet dream and had prayed without doing ghusl. He exclaimed, 'By Allah I realise that I have had a wet dream and did not know it and have not done ghusl.' So he did ghusl and washed off whatever he saw on his garment, and sprinkled with water whatever he did not see.Then he gave the adhan or the iqama and prayed in the midmorning."

It has been narrated on the authority of Ibn 'Umar that the Messenger of Allah (may peace be upon him) had a race of the horses which had been especially prepared for the purpose from Hafya' to Thaniyyat al-Wada' (the latter being the winning post), and of those which had not been trained from Thaniyya to the mosque of Banu Zuraiq, and Ibn Umar was among those who took part in this race.

During the days (of the battle) of Al-Jamal, Allah benefited me with a word I had heard from Allah's Apostle after I had been about to join the Companions of Al-Jamal (i.e. the camel) and fight along with them. When Allah's Apostle was informed that the Persians had crowned the daughter of Khosrau as their ruler, he said, "Such people as ruled by a lady will never be successful."

Ibn `Umar told us that the people used to buy food from the caravans in the lifetime of the Prophet. The Prophet used to forbid them to sell it at the very place where they had purchased it (but they were to wait) till they carried it to the market where foodstuff was sold. Ibn `Umar said, 'The Prophet also forbade the reselling of foodstuff by somebody who had bought it unless he had received it with exact full measure.'

The day of Bu'ath (i.e. Day of fighting between the two tribes of the Ansar, the Aus and Khazraj) was brought about by Allah for the good of His Apostle so that when Allah's Apostle reached (Medina), the tribes of Medina had already divided and their chiefs had been killed and wounded. So Allah had brought about the battle for the good of H is Apostle in order that they (i.e. the Ansar) might embrace Islam.

Yahya related to.me from Malik that he had heard one of the people of knowledge disapproving of stoning the jamra until after dawn on the day of sacrifice, as it was halal for whoever had thrown the stones to sacrifice.

'A'isha reported that Allah's Messenger (may peace be upon him) died when he had attained the age of sixty-three. And a hadith like this had been transmitted on the authority of Sa'id b. Musayyib.

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

I asked Zaid bin Thabit about prostration on which he said that he had recited An-Najm before the Prophet, yet he (the Prophet) had not performed a prostration.

Amr b. Muslim al-Jundani reported that Ibn Musayyib had told him that it was Umm Salama, the wife of Allah's Apostle (may peace be upon him), who had informed him of that as narrated above.

Yahya related to me from Hisham ibn Urwa from his father that al- Miswar ibn Makhrama told him that he had visited Umar ibn al Khattab on the night he was stabbed and had woken him up for the subh prayer and Umar had said, ''Yes. Whoever stops doing the prayer will get nothing from Islam," and he did the prayer with blood pouring from his wound.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Asma bint Abi Bakr had worn clothes that were completely dyed with safflower while she was in ihram, though there was not any saffron in them.

Yahya said that Malik was asked if a garment which had been perfumed could be used for ihram if the smell of the perfume had gone, and he said, "Yes, as long as there is no saffron or yellow dye in it."

I came to Khabbab who had been branded with seven brands(1) and he said, "Had Allah's Apostle not forbidden us to invoke (Allah) for death, I would have invoked (Allah) for it."

whose eye Allah's Apostle had touched, that he had seen Sa`d bin Abi Waqqas offering one rak`a only for the witr prayer.

Yahya related to me from Malik that he had heard that Sad ibn Abi Waqqas had said, when asked about a trained dog killing game, "Eat, even if only one piece of it remains."

Malik said that if a slave-girl, who was the wife of a slave, was set free before he had consummated the marriage, and she chose herself, then she had no bride-price and it was a pronouncement of divorce. That was what was done among them.