Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."

Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."

He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."

Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."

Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

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

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).

Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."

That his father said "We proceeded with the Prophet in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah's Apostle lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah's Apostle . The man replied that he had left the Prophet at a place called Ta'hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah's Apostle till I reached him and said, "O Allah's Apostle! I have been sent by my companions who send you their greetings and compliments and ask for Allah's Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them." So he did. Then I said, "O Allah's Apostle! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Apostle told his companions to eat the meat although all of them were in a state of Ihram."

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

Ibn Abbas explained the following Qur'anic verse: "O ye who believe! fasting is prescribed for you as it was prescribed for those before you" During the lifetime of the Prophet (saws), when the people offered night prayer, they were asked to abstain from food and drink and (intercourse with) women, they kept fast till the next night. A man betrayed himself and had intercourse with his wife after he had offered the night prayer, and he did not break his fast. So Allah, the Exalted, intended to make it (fasting) easy for those who survived, thus providing a concession and utility. Allah, the Glorified, said: "Allah knoweth what ye used to do secretly among yourselves." By this Allah benefited the people and provided concession and ease to them.

We were at Mirbad. A man with dishevelled hair and holding a piece of red skin in his hand came.

We said: You appear to be a bedouin. He said: Yes. We said: Give us this piece of skin in your hand. He then gave it to us and we read it. It contained the text: "From Muhammad, Messenger of Allah (saws), to Banu Zuhayr ibn Uqaysh. If you bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah, offer prayer, pay zakat, pay the fifth from the booty, and the portion of the Prophet (saws) and his special portion (safi), you will be under by the protection of Allah and His Apostle."

We then asked: Who wrote this document for you? He replied: The Messenger of Allah (saws).

The Messenger of Allah (saws) said about the futile oath: It is man's speech in his house: No, by Allah, and Yes, by Allah.

Abu Dawud said: Ibrahim al-Sa'igh, the narrator of this tradition , was a pious man. Abu Muslim killed him at 'Aranda. When he raised a hammed and heard the call to prayer, he gave it up.

Abu Dawud said: This tradition has been transmitted by Dawud b. Abi al-Furat from Ibrahim al-Sa'igh as a statement of 'Aishah (not attributed to the Prophet). Similarly, it has been transmitted by al-Zuhri, 'Abd al-Malik b. Abi Sulaiman and Malik b. Mughul. All of them transmitted it from 'Ata on the authority of 'Aishah on her own statement.

The Messenger of Allah (saws) addressed us and said: Is here any one of such and such tribe present? But no one replied.

He again asked: Is here any one of such and such tribe present? But no one replied.

He again asked: Is here any one of such and such tribe?

Then a man stood and said: I am (here), Messenger of Allah.

He said: What prevented you from replying the first two times? I wish to tell you something good.

Your companion has been detained (from entering Paradise) on account of his debt. Then I saw him that he paid off all his debt on his behalf and there remained no one to demand from him anything.

Abu Dawud said: The name of the narrator Sam'an is Sam'an b. Mushannaj.

A man disputed with az-Zubayr about streamlets in the lava plain which was irrigated by them. The Ansari said: Release the water and let it run, but az-Zubayr refused. The Holy Prophet (saws) said to az-Zubayr: Water (your ground), Zubayr, then let the water run to your neighbour. The Ansari then became angry and said: Messenger of Allah! it is because he is your cousin! Thereupon the face of the Messenger of Allah (saws) changed colour and he said: Water (your ground), then keep back the water till it returns to the embankment. Az-Zubayr said: By Allah! I think this verse came down about that: "But no , by thy Lord! they can have no (real) faith, until they make thee judge....."

Safinah AbuAbdurRahman said that a man prepared food for Ali ibn AbuTalib who was his guest, and Fatimah said: I wish we had invited the Messenger of Allah (saws) and he had eaten with us. They invited him, and when he came he put his hands on the side-ports of the door, but when he saw the figured curtain which had been put at the end of the house, he went away. So Fatimah said to Ali: Follow him and see what turned him back. I (Ali) followed him and asked: What turned you back, Messenger of Allah? He replied: It is not fitting for me or for any Prophet to enter a house which is decorated.

He came to him and said: I have not come to you to visit you. But you and I heard a tradition from the Messenger of Allah (saws). I hope you may have some knowledge of it.

He asked: What is it? He replied: So and so. He said: Why do I see you dishevelled when you are the ruler of this land?

He said: The Messenger of Allah (saws) has forbidden us to indulge much in luxury.

He said: Why do I see you unshod? He replied: The Prophet (saws) used to command us to go barefoot at times.

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

Abu Dawud said: The following words of this tradition are not supported by any other tradition “You should not eat of it yourself nor any of your companions”.

The version of `Abdal Warith has the words “then hang it in its neck” instead of the words “mark or strike with it”. Abu Dawud said I heard Abu Salamah say if the chain of narrators and the meaning are correct, it is sufficient for you.

It's narrated that AbdurRahman bin AlQasim said "Then it is not (permissible) for anyone after the Prophet ﷺ to say 'Go and kill him, but then you will be like him.' "

Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."

Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.

Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).

Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free."

Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Zayd ibn Thabit used to say, "When the eye remains but the sight is lost, one hundred dinars are payable for it."

Yahya said, "Malik was asked about cutting off the lower lid of the eye and the bone around the eye. He said, 'There is only ijtihad in that unless the vision of the eye is impaired. He is entitled to an amount that is compatible to the extent the vision of the eye has been impaired."

Yahya said that Malik said, "What is done in our community about removing the bad eye of a one-eyed man when it has already been blinded and still remains there in its place and the paralyzed hand when it is cut off, is that there is only ijtihad in that, and there is no prescribed blood-money."

Yahya related to me from Malik from Ayyub ibn Habib, the mawla of Sad ibn Abi Waqqas that Abu'l-Muthanna al-Juhani said, "I was with Marwan ibn al-Hakam and Abu Said al-Khudri came to him. Marwan ibn al- Hakam said to him, 'Have you heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade blowing into drinks?' Abu Said said to him, 'Yes.' A man said to him, 'Messenger of Allah, I am not quenched from one breath.' The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Remove the cup from your mouth and then breathe.' He said, 'Sometimes I see something floating in it?' He said, 'Then pour it out.'"

Yahya related to me from Malik that Humayd ibn Qays al-Makki said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, with the two sons of Jafar ibn Abi Talib. He said to their nursemaid, 'Why do I see them so thin?' Their nursemaid said, 'Messenger of Allah, the evil eye goes quickly to them. Nothing stops us from asking someone to make incantations (using ayats of Qur'an) for them, except that we do not know what of that would agree with you.' The Messenger of ,Allah, may Allah bless him and grant him peace, said, 'Make incantations for them. Had anything been able to precede the decree, the evil eye would precede it.' "

Yahya related to me from Malik from Wahb ibn Kaysan that Muhammad ibn Amr ibn Ata said, "I was sitting with Abdullah ibn Abbas when a Yemeni man came in. He said, 'Peace be upon you, and the mercy of Allah and His blessing' (as-salamu alaykum wa rahmatullahi wa barakatuhu), and then he added something more to that. Ibn Abbas said (and at that time his eyesight had gone), 'Who is this?' People said, 'This is a Yemeni who has come to see you,' and they introduced him. Ibn Abbas said, 'The greeting ends with the word blessing.' "

Yahya said that Malik was asked, "Does one greet a woman?" He said, "As for an old woman, I do not disapprove of it. As for a young woman, I do not like it."

Malik related to me from Abu'n-Nasr that Ubaydullah ibn Abdullah ibn Utba ibn Masud went to visit Abu Talha al-Ansari when he was ill. He said, "I found Sahl ibn Hunayf with him. Abu Talha summoned a man and removed a rug which was under him. Sahl ibn Hunayf said to him, 'Why did you remove it?' He said, 'Because there were pictures on it, and the Messenger of Allah, may Allah bless him and grant him peace, said what you know about them.' Sahl replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "except for markings on a garment?"' (A rug was considered a garment). He said, 'Yes, but it is more pleasing to myself.' "

While I was with `Abdullah, `Uthman met him at Mina and said, "O Abu `Abdur-Rahman ! I have something to say to you." So both of them went aside and `Uthman said, "O Abu `Abdur-Rah. man! Shall we marry you to a virgin who will make you remember your past days?" When `Abdullah felt that he was not in need of that, he beckoned me (to join him) saying, "O 'Alqama!" Then I heard him saying (in reply to `Uthman), "As you have said that, (I tell you that) the Prophet once said to us, 'O young people! Whoever among you is able to marry, should marry, and whoever is not able to marry, is recommended to fast, as fasting diminishes his sexual power.

Allah's Apostle has set forth an example for a miser and a charitable person by comparing them to two men wearing two iron cloaks and their hands are raised to their breasts and necks. Whenever the charitable man tries to give a charitable gift, his iron cloak expands till it becomes so wide that it will cover his fingertips and obliterate his tracks And, whenever the miser wants to give a charitable gift, his cloak becomes very tight over him and every ring gets stuck to its place Abu Huraira added; I saw Allah's Apostle putting his finger in the (chest) pocket of his shirt like that If you but saw him trying to widen (the opening of his shirt) but it did not widen.

Allah's Apostle forbade two ways of wearing clothes and two kinds of dealings. (A) He forbade the dealings of the Mulamasa and the Munabadha. In the Mulamasa transaction the buyer just touches the garment he wants to buy at night or by daytime, and that touch would oblige him to buy it. In the Munabadha, one man throws his garment at another and the latter throws his at the former and the barter is complete and valid without examining the two objects or being satisfied with them (B) The two ways of wearing clothes were Ishtimal-as-Samma, i e., to cover one's shoulder with one's garment and leave the other bare: and the other way was to wrap oneself with a garment while one was sitting in such a way that nothing of that garment would cover one's private part.

I heard Abu Juhaifa saying, "I asked `Ali 'Have you got any Divine literature apart from the Qur'an?' (Once he said...apart from what the people have?) `Ali replied, 'By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man with and we have what is written in this paper.' I asked, 'What is written in this paper?' He replied, 'Al-`Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever." (See Hadith No. 283,Vol. 4)

The Prophet said, "My example and the example of what I have been sent with is that of a man who came to some people and said, 'O people! I have seen the enemy's army with my own eyes, and I am the naked warner; so protect yourselves!' Then a group of his people obeyed him and fled at night proceeding stealthily till they were safe, while another group of them disbelieved him and stayed at their places till morning when the army came upon them, and killed and ruined them completely So this is the example of that person who obeys me and follows what I have brought (the Qur'an and the Sunna), and the example of the one who disobeys me and disbelieves the truth I have brought."

While I was walking in company with the Prophet in one of the fields of Medina, the Prophet was reclining on a palm leave stalk which he carried with him. We passed by a group of Jews. Some of them said to the others, "Ask him about the spirit." The others said, "Do not ask him, lest he would say something that you hate." Some of them said, "We will ask him." So a man from among them stood up and said, 'O Abal-Qasim! What is the spirit?" The Prophet kept quiet and I knew that he was being divinely inspired. Then he said: "They ask you concerning the Spirit, Say: The Spirit; its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little." (17.85)

`Abdullah bin `Abbas said, "O the group of Muslims! How can you ask the people of the Scriptures about anything while your Book which Allah has revealed to your Prophet contains the most recent news from Allah and is pure and not distorted? Allah has told you that the people of the Scriptures have changed some of Allah's Books and distorted it and wrote something with their own hands and said, 'This is from Allah, so as to have a minor gain for it. Won't the knowledge that has come to you stop you from asking them? No, by Allah, we have never seen a man from them asking you about that (the Book Al-Qur'an ) which has been revealed to you.

`Amr bin Taghlib said, "Some property was given to the Prophet and he gave it to some people and withheld it from some others. Then he came to know that they (the latter) were dissatisfied. So the Prophet said, 'I give to one man and leave (do not give) another, and the one to whom I do not give is dearer to me than the one to whom I give. I give to some people because of the impatience and discontent present in their hearts, and leave other people because of the content and goodness Allah has bestowed on them, and one of them is `Amr bin Taghlib." `Amr bin Taghlib said, "The sentence which Allah's Apostle said in my favor is dearer to me than the possession of nice red camels."

`Uqba said to Hudhaifa, "Won't you narrate to us what you heard from Allah's Apostle ?" Hudhaifa said, "I heard him saying, 'Death approached a man and when he had no hope of surviving, he said to his family, 'When I die, gather for me much wood and build a fire (to burn me),. When the fire has eaten my flesh and reached my bones, take the bones and grind them and scatter the resulting powder in the sea on a hot (or windy) day.' (That was done.) But Allah collected his particles and asked (him), 'Why did you do so?' He replied, 'For fear of You.' So Allah forgave him."

Narrated `Abdu Malik:

As above, saying, "On a windy day."

The people used to say that Ibn `Umar had embraced Islam before `Umar. This is not true. What happened is that `Umar sent `Abdullah to bring his horse from an Ansari man so as to fight on it. At that time the people were giving the Pledge of allegiance to Allah's Apostle near the Tree, and `Umar was not aware of that. So `Abdullah (bin `Umar) gave the Pledge of Allegiance (to the Prophet) and went to take the horse and brought it to `Umar. While `Umar was putting on the armor to get ready for fighting, `Abdullah informed him that the people were giving the Pledge of allegiance to Allah's Apostle beneath the Tree. So `Umar set out and `Abdullah accompanied him till he gave the Pledge of allegiance to Allah's Apostle, and it was this event that made people say that Ibn `Umar had embraced Islam before `Umar.

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that Abdullah ibn Abbas said, "Al-Fadl ibn Abbas was riding behind the Messenger of Allah, may Allah bless him and grant him peace, when a woman from the Khathama tribe came to him to ask him for a fatwa. Al-Fadl began to look at her, and she at him, and the Messenger of Allah, may Allah bless him and grant him peace, turned Fadl's face away to the other side. The woman said, 'Messenger of Allah, Allah's making the hajj obligatory finds my father a very old man, unable to stay firm on his riding-beast. Can I do hajj for him?', and he said, 'Yes.' This was during the farewell hajj."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

Malik said, "The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons, male or female. They do not inherit anything when there is a father or the father's father. They inherit in what is outside of that. If there is only one male or female, they are given a sixth. If there are two, each of them has a sixth. If there are more than that, they share in a third which is divided among them. The male does not have portion of two females. That is because Allah, the Blessed, the Exalted, says in His Book, 'If a man or woman has no direct heir, and he has a brother or sister, by the mother, each of them has a sixth. If there are more than two, they share equally in a third.' " (Sura 4 ayat 12).

Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that you should marry her until she has married another husband.' He protested that his divorcing her had been only once. Ibn Abbas said, 'You threw away what you had of blessing.' "