11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

He also said, "If people knew what there was in the call to prayer and the first row, and they could find no other way except to draw lots for it, they would draw lots for it. And if they knew what there was in doing dhuhr at its time, they would race each other to it. And if they knew what there was in the prayers of isha and maghrib, they would come to them even if they had to crawl .

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

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

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

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

Once Allah's Apostle heard the loud voices of some opponents quarreling at the door. One of them was appealing to the other to deduct his debt and asking him to be lenient but the other was saying, "By Allah I will not do so." Allah's Apostle went out to them and said, "Who is the one who was swearing by Allah that he would not do a favor?" That man said, "I am that person, O Allah's Apostle! I will give my opponent whatever he wishes."

The Prophet, said, "I entered Paradise and saw a palace and asked whose palace is this? They (the Angels) said, "This palace belongs to `Umar bin Al-Khattab.' I intended to enter it, and nothing stopped me except my knowledge about your sense of Ghira (self-respect (O `Umar)." `Umar said, "O Allah's Apostle! Let my father and mother be sacrificed for you! O Allah's Prophet! How dare I think of my Ghira (self-respect) being offended by you?"

A necklace of mine was lost at Al-Baida' and we were on our way to Medina. The Prophet made his camel kneel down and dismounted and laid his head on my lap and slept. Abu Bakr came to me and hit me violently on the chest and said, "You have detained the people because of a necklace." I kept as motionless as a dead person because of the position of Allah's Apostle ; (on my lap) although Abu Bakr had hurt me (with the slap). Then the Prophet woke up and it was the time for the morning (prayer). Water was sought, but in vain; so the following Verse was revealed:-- "O you who believe! When you intend to offer prayer.." (5.6) Usaid bin Hudair said, "Allah has blessed the people for your sake, O the family of Abu Bakr. You are but a blessing for them."

Concerning the Waqf of `Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn `Umar was the manager of the trust of `Umar and he used to give presents from it to those with whom he used to stay at Mecca.

Once I went out at night and found Allah's Apostle walking all alone accompanied by nobody, and I thought that perhaps he disliked that someone should accompany him. So I walked in the shade, away from the moonlight, but the Prophet looked behind and saw me and said, "Who is that?" I replied, "Abu Dhar, let Allah get me sacrificed for you!" He said, "O Abu Dhar, come here!" So I accompanied him for a while and then he said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except him whom Allah gives wealth which he gives (in charity) to his right, left, front and back, and does good deeds with it. I walked with him a little longer. Then he said to me, "Sit down here." So he made me sit in an open space surrounded by rocks, and said to me, "Sit here till I come back to you." He went towards Al-Harra till I could not see him, and he stayed away for a long period, and then I heard him saying, while he was coming, "Even if he had committed theft, and even if he had committed illegal sexual intercourse?" When he came, I could not remain patient and asked him, "O Allah's Prophet! Let Allah get me sacrificed for you! Whom were you speaking to by the side of Al-Harra? I did not hear anybody responding to your talk." He said, "It was Gabriel who appeared to me beside Al-Harra and said, 'Give the good news to your followers that whoever dies without having worshipped anything besides Allah, will enter Paradise.' I said, 'O Gabriel! Even if he had committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' "

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

The Prophet passed by a man who was admonishing his brother regarding Haya' (pious shyness from committing religeous indiscretions) and was saying, "You are very shy, and I am afraid that might harm you." On that, Allah's Apostle said, "Leave him, for Haya' is (a part) of Faith."

The Prophet said, "The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit."

The Prophet said, "My similitude in comparison with the other prophets is that of a man who has built a house completely and excellently except for a place of one brick. When the people enter the house, they admire its beauty and say: 'But for the place of this brick (how splendid the house will be)!"

A man was mentioned before the Prophet and another man praised him greatly The Prophet said, "May Allah's Mercy be on you ! You have cut the neck of your friend." The Prophet repeated this sentence many times and said, "If it is indispensable for anyone of you to praise someone, then he should say, 'I think that he is so-and-so," if he really thinks that he is such. Allah is the One Who will take his accounts (as He knows his reality) and no-one can sanctify anybody before Allah." (Khalid said, "Woe to you," instead of "Allah's Mercy be on you.")

We used to say the greeting, name and greet each other in the prayer. Allah's Apostle heard it and said:--"Say, 'at-tahiyyatu lil-lahi was-salawatu wat-taiyibatu . Assalamu 'Alaika aiyuha-n-Nabiyu warahmatu- l-lahi wa-barakatuhu. _ Assalamu alaina wa-'ala 'ibadi-l-lahi as-salihin.. Ashhadu an la ilaha illa-l-lah wa ashhadu anna Muhammadan `Abdu hu wa Rasuluh. (All the compliments are for Allah and all the prayers and all the good things (are for Allah). Peace be on you, O Prophet, and Allah's mercy and blessings (are on you). And peace be on us and on the good (pious) worshipers of Allah. I testify that none has the right to be worshipped but Allah and that Muhammad is His slave and Apostle.) So, when you have said this, then you have surely sent the greetings to every good (pious) worshipper of Allah, whether he be in the Heaven or on the Earth . "

(The tribe of) Quraish used to fast on the day of Ashura' in the Pre-Islamic period, and then Allah's Apostle ordered (Muslims) to fast on it till the fasting in the month of Ramadan was prescribed; whereupon the Prophet said, "He who wants to fast (on 'Ashura') may fast, and he who does not want to fast may not fast."

One night Allah's Apostle offered the prayer in the Mosque and the people followed him. The next night he also offered the prayer and too many people gathered. On the third and the fourth nights more people gathered, but Allah's Apostle did not come out to them. In the morning he said, "I saw what you were doing and nothing but the fear that it (i.e. the prayer) might be enjoined on you, stopped me from coming to you." And that happened in the month of Ramadan.

Yahya related to me from Malik, from Rabia ibn Abi Abd ar-Rahman, from Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him and grant him peace, sent Abu Rafi and a man of the Ansar to arrange his marriage to Maymuna bint al-Harith, and the Messenger of Allah, may Allah bless him and grant him peace, was in Madina before he had left for umra.

I asked `Amra about taking a bath on Fridays. She replied, " Aisha said, 'The people used to work (for their livelihood) and whenever they went for the Jumua prayer, they used to go to the mosque in the same shape as they had been in work. So they were asked to take a bath on Friday.' "

The Prophet said, "Allah has forbidden for you, (1) to be undutiful to your mothers, (2) to bury your daughters alive, (3) to not to pay the rights of the others (e.g. charity, etc.) and (4) to beg of men (begging). And Allah has hated for you (1) vain, useless talk, or that you talk too much about others, (2) to ask too many questions, (in disputed religious matters) and (3) to waste the wealth (by extravagance).