Yahya related to me from Malik that he had heard from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a man visits an invalid, he plunges into mercy to the extent that when he sits with him, it settles in him," or the like of that.

Yahya related to me from Malik from Da'ud ibn al-Husayn that Ibn Yarbu al-Makhzumi said, "I heard Zayd ibn Thabit say, 'The middle prayer is the prayer of dhuhr.' "

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab and Ali ibn Abi Talib and Uthman ibn Affan drank while standing.

Malik related to me from Abd ar-Rahman ibn Harmala that Said ibn al-Musayyab heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Shaytan concerns himself with one and two. When there are three, he does not concern himself with them."

Yahya related to me from Malik that he had heard from Abu'l-Hubab Said ibn Yasar from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The mumin continues to be struck by misfortune in his children and close friends until he meets Allah with no wrong actions."

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, "This is the best of what I have heard on the matter.''

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab set aside an area near the mosque called al-Butayha and said, "Whoever wishes to talk nonsense or recite poetry or raise his voice should go to that area."

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

Yahya related to me from Malik from Ibn Shihab that Abd ar-Rahman ibn Kab ibn Malik al-Ansari told him that his father, Kab ibn Malik, used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "The ruh of the mumin is a bird that sits in the trees of the Garden until Allah returns it to his body on the day He raises him ."

Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting, (and Allah knows better than the slave that it is an excuse for him and that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His book, 'Whoever among you is ill or on a journey (must fast) a number of other days,' and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

Yahya related to me from Malik that Ibn Shihab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from Thaqif who had ten wives when he became muslim, 'Take four and separate from the rest.' "

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that AIi ibn Abi Talib used to say the talbiya while on hajj until after noon on the day of Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of knowledge in our city are still doing."

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik had said that when the Messenger of Allah, may Allah bless him and grant him peace, went to Quba, he visited Umm Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn as-Samit. One day the Messenger of Allah, may Allah bless him and grant him peace, had called on her and she had fed him, and sat down to delouse his hair. The Messenger of Allah, may Allah bless him and grant him peace, had dozed and woke up smiling. Umm Haram said, "What is making you smile, Messenger of Allah?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were riding in the middle of the sea, kings on thrones, or like kings on thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask Allah to put me among them!" So he had made a dua for her, and put his head down and slept. Then he had woken up smiling, and she said to him, "Messenger of Allah, why are you smiling?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were kings on thrones or like kings on thrones," as he had said in the first one. She said, "O Messenger of Allah! Ask Allah to put me among them!" He said, "You are among the first."

Ishaq added, "She travelled on the sea in the time of Muawiya, and when she landed, she was thrown from her mount and killed."

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

Yahya related to me from Malik that he had heard that Ali ibn Abi Talib and Abdullah ibn Abbas did not do wudu after eating cooked food.

Yahya related to me from Malik that he had heard that Abu'd-Darda used to rise in the middle of the night and say, "Eyes have slept, and stars have set, and You are the Living and Self Subsistent."

Namat'l uyun wa ghariti'n-nujum wa anta'lhayyu-l-qayyum.

Yahya related to me from Malik that he had heard from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "Let anyone who cannot find two garments pray in one garment and wrap himself in it, and if the garment is short, let him wrap it around his waist."

Malik said, "In my view it is preferable for someone who prays in a single shirt to put a garment or a turban over his shoulders."

Yahya related to me from Malik from Qatan ibn Wahb ibn Umayr ibn al-Ajda that Yuhannas, the mawla of az-Zubayr ibn al-Awwam informed him that he was sitting with Abdullah ibn Umar during the troubles (at the time of al-Hajaj ibn Yusuf) . A female mawla of his came and greeted him. She said, "I want to leave, Abu Abd ar-Rahman. The time is harsh for us." Abdullah ibn Umar said to her, "Sit down, O you with little knowledge, for I have heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one will be patient in hunger and hardship in it (Madina) except that I will be a witness or intercede for him on the Day of Rising.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Abu Murra, the mawla of Umm Hani, the sister of Aqil ibn Abi Talib, that Abdullah ibn Amr ibn al-As told him that he had visited his father Amr ibn al-As and found him eating. His father had invited him to eat, and when he replied that he was fasting, his father said, "These are the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade us to fast, and told us to break the fast on them."

Malik said, "These days are the days of tashriq."

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyub said, "Ibrahim, may Allah bless him and grant him peace, was the first to give hospitality to the guest and the first person to be circumcised and the first person to trim the moustache and the first person to see grey hair. He said, 'O Lord! What is this?' Allah the Blessed, the Exalted, said, 'It is dignity, Ibrahim.' He said, 'Lord, increase me in dignity!' "

Yahya said that he had heard Malik say, "One takes from the moustache until the edge of the lip appears, that is the rim. One does not cut if off completely so that one mutilates oneself."

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 any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

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."

Malik related to me that he heard that Isa ibn Maryam used to say, "Do not speak much without the mention of Allah for you will harden your hearts. A hard heart is far from Allah, but you do not know. Do not look at the wrong actions of people as if you were lords. Look at your wrong actions as if you were slaves. Some people are afflicted by wrong action and some people are protected from it. Be merciful to the people of affliction and praise Allah for His protection."

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.

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, "Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives.' "

Yahya related to me from Malik that he had heard that Abdullah ibn Umar missed the two rakas of dawn, and then did them after the sun rose.

Yahya related to me from Malik that he had heard that it took Abdullah ibn Umar eight years to learn Surat al-Baqara. (Sura 2)

Yahya related to me from Malik from Nafi that he heard Abdullah ibn Umar say, "If someone lends something, let the only condition be that it is repaid."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The Messenger of Allah, may Allah bless him and grant him peace, did not pray dhuhr and asr on the day of the Trench until after the sun had set."

Malik said, "The hadith of al- Qasim ibn Muhammad from Salih ibn Khawwat is the one I like most out of what I have heard about the fear prayer."

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them."

Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."

Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."

Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."

Yahya related to me from Malik that Abu'z-Zinad heard Said ibn al-Musayyab say, "There is usury only in gold or silver or what is weighed or measured of what is eaten or drunk."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Anas ibn Malik that his grandmother, Mulayka, invited the Messenger of Allah, may Allah bless him and grant him peace, for food and he ate some of it. Then the Messenger of Allah, may Allah bless him and grant him peace, said, "Get up and I will lead you in prayer."

Anas said, "I stood up and took a woven mat belonging to us that had become black through long use and sprinkled it with water, and the Messengerof Allah, may Allah bless him and grant him peace, stood on it. The orphan and I formed a row behind him, and the old woman stood behind us. He prayed two rakas with us and then left."

Yahya related to me from Malik that he had heard that Abd ar- Rahman ibn Abi Bakr was visiting A'isha, the wife of the Prophet, may AIIah bless him and grant him peace, on the day that Sad ibn Abi Waqqas died, and he asked for some water to do wudu. A'isha said to him, ''Abd ar-Rahman! Perform your wudu fully, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Woe to the heels in the fire.' "

Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."

Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."

Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "Abu Bakr as-Siddiq used to pray witr when he wished to go to bed, and Umar ibn al-Khattab used to pray witr at the end of the night. As for me, I pray witr when I go to bed."

Yahya related to me from Malik that he had heard the people of knowledge say that martyrs in the way of Allah were not washed, nor were any of them prayed over. They were buried in the garments in which they were slain.

Malik said, "That is the sunna for someone who is killed on the battleground and is not reached until he is already dead. Someone who is carried off and lives for as long as Allah wills after it, is washed and prayed over as was Umar ibn al- Khattab."

Malik related to me that he heard that Umar ibn al-Khattab went to the villages every Saturday. If he found a slave doing work which he was not capable of doing, he lightened it for him.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that Umar ibn al-Khattab prayed two rakas with everybody when he arrived in Makka. Then, when he had finished, he said, "People of Makka, complete your prayer, because we are a group of travellers." Later, Umar ibn al-Khattab prayed two rakas with them at Mina, but we have not heard that he said anything to them on that occasion.

Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' "

Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight."

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that Amra bint Abd ar-Rahman told him that she had heard A'isha, the umm al-muminin, say (when it was mentioned to her that Abdullah ibn Umar used to say, "The dead are tormented by the weeping of the living"), "May Allah forgive Abu Abd ar-Rahman. Of course he has not lied, but he has forgotten, or made a mistake. The Messenger of Allah, may Allah bless him and grant him peace, passed by a jewish woman whose family were crying over her and he said, 'You are crying over her, and she is being tormented in her grave. ' "

Yahya related to me from Malik from Jafar ibn Muhammad ibn AIi from his father that Jabir ibn Abdullah said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say as he left the mosque, intending to go to Safa, 'We begin with that with which Allah began,' and he began with Safa."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab said to the corner of the Black Stone while he was doing tawaf of the House, "You are only a stone, and if I had not seen the Messenger of Allah, may Allah bless him and grant him peace, kiss you, I would not do so." Then he kissed it.

Malik said, "I have heard some of the people of knowledge recommending someone doing tawaf of the House to put his hand to his mouth when he takes it from the Yamani corner."

Yahya related to me from Malik from Abdullah ibn Abi Bakr from Abbad ibn Tamim that Abu Bashir al-Ansari told him that he was with the Messenger of Allah, may Allah bless him and grant him peace, on one of his journeys. He related, "The Messenger of Allah, may Allah bless him and grant him peace, sent a messenger." (Abdullah ibn Abi Bakr said, (I think that he said it was while the people were in their resting place.) He said, "Do not let a single-string necklace, or any necklace, remain unbroken on the neck of a camel."

Yahya said, "I heard Malik say, 'I think that was because of the evil eye.' ''