Yahya related to me from Malik that he had heard that when the Messenger of Allah, may Allah bless him and grant him peace, had finished his tawaf of the House, prayed two rakas, and wanted to go to Safa and Marwa, he would salute the corner of the Black Stone before he left.

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which ...

When the delegates of the tribe of Hawazin came to the Prophet he stood up amongst the people, Glorified and Praised Allah as He deserved, and said, "Then after: Your brethren have come to you with repentance and I see it logical to return to them their captives; so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you like to stick to his share till we give him his right from the very first Fai (war booty) (1) which Allah will bestow on us, then (he can do so)." The people replied, "We do that (to return the captives) willingly as a favor for your sake."

The Prophet (saws) Said: The disputants should refrain from taking retaliation. The one who is nearer should forgive first and then the one who is next to him, even if (the one who forgives) were a woman.

Abu Dawud said: I have been informed that forgiving by women in the case of murder is permissible if a woman were one of the heirs (of the slain). I have been told on the authority of Abu 'Ubaid about the meaning of the word yanhajizu, that is, they should refrain from retaliation.

The Prophet said, 'The example of a good pious companion and an evil one is that of a person carrying musk and another blowing a pair of bellows. The one who is carrying musk will either give you some perfume as a present, or you will buy some from him, or you will get a good smell from him, but the one who is blowing a pair of bellows will either burn your clothes or you will get a bad smell from him."

I asked Allah's Apostle "What is the biggest sin in the sight of Allah?" He said, "To set up rivals unto Allah though He alone created you." I said, "In fact, that is a tremendous sin," and added, "What next?" He said, "To kill your son being afraid that he may share your food with you." I further asked, "What next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

Another chain reports a similar hadith.

Yahya related to me from Malik from Yahya ibn Said from Abbad ibn Tamin that one time Uwaymir ibn Ashqar sacrificed his animal before the prayer on the morning of the Day of Sacrifice, and he mentioned that the Messenger of Allah, may Allah bless him and grant him peace, had ordered him to sacrifice another animal.

The Messenger of Allah (saws) said: What is the harm if any of you has two garments, if he can provide them, for Friday (prayer) in addition to the two garments for his daily work? Amr reported from Ibn Habib from Musa ibn Sa'd from Ibn Habban from Ibn Salam who heard this (tradition) from the Messenger of Allah (saws) on the pulpit.

Abu Dawud said: This tradition has been reported by Yusuf b. 'Abd Allah b. Salam from the Prophet (saws) through a different chain of narrators.

When the Verse:-- "If there are twenty steadfast amongst you, they will overcome two hundred." (8.65) was revealed, then it became obligatory for the Muslims that one (Muslim) should not flee from ten (non-Muslims). Sufyan (the sub-narrator) once said, "Twenty (Muslims) should not flee before two hundred (non Muslims)." Then there was revealed: 'But now Allah has lightened your (task)..' (8.66) So it became obligatory that one-hundred (Muslims) should not flee before two hundred (nonmuslims). (Once Sufyan said extra, "The Verse: 'Urge the believers to the fight. If there are twenty steadfast amongst you (Muslims) ..' was revealed.) Sufyan said, "Ibn Shabrama said, "I see that this order is applicable to the obligation of enjoining good and forbidding evil."

While we were in the company of the Prophet in a tent he said, ''Would it please you to be one fourth of the people of Paradise?" We said, "Yes." He said, "Would It please you to be one-third of the people of Paradise?" We said, "Yes." He said, "Would it please you to be half of the people of Paradise?" We said, "Yes." Thereupon he said, "I hope that you will be one half of the people of Paradise, for none will enter Paradise but a Muslim soul, and you people, in comparison to the people who associate others in worship with Allah, are like a white hair on the skin of a black ox, or a black hair on the skin of a red ox."

When `Abdullah bin `Umar set out for Mecca with the intentions performing `Umra in the period of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as we did while in the company of Allah's Apostle ." So, he assumed the Ihram for `Umra since the Prophet had assumed the Ihram for `Umra in the year of Al-Hudaibiya. Then `Abdullah bin `Umar thought about it and said, "The conditions for both Hajj and `Umra are similar." He then turned towards his companions and said, "The conditions of both Hajj and `Umra are similar and I make you witnesses that I have made the performance of Hajj obligatory for myself along with `Umra." He then performed one Tawaf (between As-Safa and Al-Marwa) for both of them (i.e. Hajj and (`Umra) and considered that to be sufficient for him and offered a Hadi.

Yahya related to me from Malik that he had heard that AIi ibn Husain used to say, "The Messenger of Allah, may Allah bless him and grant him peace, would join dhuhr and asr if he wished to travel the same day, and he would join maghrib and isha if he wished to travel the same night."

Yahya related to me from Malik that he had heard that if some one passed by Ata ibn Yasar in the mosque with something to trade, he would call him and ask, "What is the matter with you? What do you want?" If the man said that he wished to trade with him, he would say, "You need the market of this world. This is the market of the next world."

We went out intending (to visit) the Messenger of Allah (saws) and Wa'il ibn Hujr was with us. His enemy caught him. The people desisted from swearing an oath, but I took an oath that he was my brother. So he left him. We then came to the Messenger of Allah (saws), and I informed him that the people desisted from taking the oath, but I swore that he was my brother. He said: You spoke the truth: A Muslim is a brother of a Muslim.

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

Yahya related to me from Malik from Yahya ibn Said from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Had I not been concerned for my community, I would have liked never to stay behind a raiding party going out in the way of Allah. However, I do not find the means to carry them to it, nor do they find anything on which to ride out and it is grievous for them that they should stay behind me. I would like to fight in the way of Allah and be killed, then brought to life so I could be killed and then brought to life so I could be killed."

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

The Prophet went out towards the Musalla in order to offer the Istisqa' prayer and when he intended to invoke (Allah) or started invoking, he faced the Qibla and turned his cloak inside out.

Bilal made a call to prayer before the break of dawn; the Prophet (saws), therefore, commanded him to return and make a call: Lo! the servant of Allah (i.e. I) had slept (hence this mistake).

The version of Musa has the addition: He returned and made a call: Lo! the servant of Allah had slept.

Abu Dawud said: This tradition has been narrated by al-Darawardi from 'Ubaid Allah on the authority of Ibn 'Umar saying: There was a mu'adhdhin of 'Umar, named Mas'ud. He then narrated the rest of the tradition. This version is more correct than that one.

I said to Tawus, "I wish you would give up Mukhabara (Sharecropping), for the people say that the Prophet forbade it." On that Tawus replied, "O `Amr! I give the land to sharecroppers and help them. No doubt; the most learned man, namely Ibn `Abbas told me that the Prophet had not forbidden it but said, 'It is more beneficial for one to give his land free to one's brother than to charge him a fixed rental."

The mother of Sa`d bin 'Ubada died in his absence. He said, "O Allah's Apostle! My mother died in my absence; will it be of any benefit for her if I give Sadaqa on her behalf?" The Prophet said, "Yes," Sa`d said, "I make you a witness that I gave my garden called Al Makhraf in charity on her behalf."

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .

Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."

When the Prophet (saws) ordered a man and his wife to invoke curses on each other, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one.

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

The Messenger of Allah (saws) forbade to sell grain which one buys by measurement until one receives it in full.

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid informed him that Umar ibn al-Khattab came out to them. He said, "I have found the smell of wine on so-and-so, and he claimed that it was the drink of boiled fruit juice, and I am inquiring about what he has drunk. If it intoxicates, I will flog him." Umar then flogged him with the complete hadd.

A hadith like this has been narrated on the authority of Hadrat 'Ali (Allah be pleased with him).

The Messenger of Allah (saws) used to supplicate: "O Allah, I seek refuge in Thee from my house falling on me, I seek refuge in Thee from falling into an abyss, I seek refuge in Thee from drowning burning and decrepitude. I seek refuge in Thee from the devil harming me at the time of my death, I seek refuge in Thee from dying in Thy path while retreating, and I seek refuge in Thee from dying of the sting of a poisonous creature."

On his father's authority, said that his grandfather said: A woman came to the Prophet (saws) and said: Messenger of Allah, I have taken a vow to play the tambourine over you.

He said: Fulfil your vow.

She said: And I have taken a vow to perform a sacrifice in such a such a place, a place in which people had performed sacrifices in pre-Islamic times.

He asked: For an Idol?

She replied: No.

He asked: For an image?

She replied: No.

He said: Fulfil your vow.

Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all." Therefore she pronounced her divorce from him three times.

Allah's Apostle sent his letter to Khusrau and ordered his messenger to hand it over to the Governor of Bahrain who was to hand it over to Khusrau. So, when Khusrau read the letter he tore it. Sa`id bin Al- Musaiyab said, "The Prophet then invoked Allah to disperse them with full dispersion, (destroy them (i.e. Khusrau and his followers) severely)".

Uqbah said to the Prophet (saws): My sister has taken a vow that she will walk to the House of Allah (the Ka'bah). Thereupon he said: Allah will not do anything of the walking of your sister to the House of Allah (i.e. the Ka'bah).

The Prophet said, "None of you should say: 'O Allah! Forgive me if You wish,' or 'Bestow Your Mercy on me if You wish,' or 'Provide me with means of subsistence if You wish,' but he should be firm in his request, for Allah does what He will and nobody can force Him (to do anything).

Ibn `Abbas addressed us on a (rainy and) muddy day and when the Mu'adh-dhin said, "Come for the prayer" Ibn `Abbas ordered him to say, "Pray in your homes." The people began to look at one another with surprise as if they did not like it. Ibn `Abbas said, "It seems that you thought ill of it but no doubt it was done by one who was better than I (i.e. the Prophet). It (the prayer) is a strict order and I disliked to bring you out." Ibn `Abbas narrated the same as above but he said, "I did not like you to make you sinful (in refraining from coming to the mosque) and to come (to the mosque) covered with mud up to the knees."

Hakim bin Hizam said, "(Once) I asked Allah's Apostle (for something) and he gave it to me. Again I asked and he gave (it to me). Again I asked and he gave (it to me). And then he said, "O Hakim! This property is like a sweet fresh fruit; whoever takes it without greediness, he is blessed in it, and whoever takes it with greediness, he is not blessed in it, and he is like a person who eats but is never satisfied; and the upper (giving) hand is better than the lower (receiving) hand." Hakim added, "I said to Allah's Apostle , 'By Him (Allah) Who sent you with the Truth, I shall never accept anything from anybody after you, till I leave this world.' " Then Abu Bakr (during his caliphate) called Hakim to give him his share from the war booty (like the other companions of the Prophet ), he refused to accept anything. Then `Umar (during his caliphate) called him to give him his share but he refused. On that `Umar said, "O Muslims! I would like you to witness that I offered Hakim his share from this booty and he refused to take it." So Hakim never took anything from anybody after the Prophet till he died.

That Al-Miqdad bin `Amr Al-Kindi, who was an ally of Bani Zuhra and one of those who fought the battle of Badr together with Allah's Apostle told him that he said to Allah's Apostle, "Suppose I met one of the infidels and we fought, and he struck one of my hands with his sword and cut it off and then took refuge in a tree and said, "I surrender to Allah (i.e. I have become a Muslim),' could I kill him, O Allah's Apostle, after he had said this?" Allah's Apostle said, "You should not kill him." Al- Miqdad said, "O Allah's Apostle! But he had cut off one of my two hands, and then he had uttered those words?" Allah's Apostle replied, "You should not kill him, for if you kill him, he would be in your position where you had been before killing him, and you would be in his position where he had been before uttering those words."

The Prophet (saws) said: I hope my community will not fail to maintain their position in the sight of their Lord if He delays them half a day. Sa'd was asked: How long is half a day? He said: It is five hundred years.