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."

Allah's Apostle said: "Whoever amongst you swears, (saying by error) in his oath 'By Al-Lat and Al- Uzza', then he should say, 'None has the right to be worshipped but Allah.' And whoever says to his companions, 'Come let me gamble' with you, then he must give something in charity (as an expiation for such a sin)." (See Hadith No. 645)

Allah's Apostle said, "Whoever among you takes an oath wherein he says, 'By Al-Lat and Al-`Uzza,' names of two Idols worshipped by the Pagans, he should say, 'None has the right to be worshipped but Allah; And whoever says to his friend, 'Come, let me gamble with you ! He should give something in charity. " (See Hadith No. 645)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days."

Allah's Apostle said, "Whomever takes an oath in which he mentions Lat and `Uzza (forgetfully), should say: None has the right to be worshipped but Allah, and whoever says to his companion. 'Come along, let us gamble' must give alms (as an expiation).

The Prophet said, "Whoever swears saying in his oath. 'By Al-Lat and Al-`Uzza,' should say, 'None has the right to be worshipped but Allah; and whoever says to his friend, 'Come, let me gamble with you,' should give something in charity."

The Prophet said, "(There are) three (types of persons to whom) Allah will neither speak to them on the Day of Resurrections, nor look at them (They are):--(1) a man who takes a false oath that he has been offered for a commodity a price greater than what he has actually been offered; (2) and a man who takes a false oath after the `Asr (prayer) in order to grab the property of a Muslim through it; (3) and a man who forbids others to use the remaining superfluous water. To such a man Allah will say on the Day of Resurrection, 'Today I withhold My Blessings from you as you withheld the superfluous part of that (water) which your hands did not create.' "

The Prophet said, "There are three types of people whom Allah will neither talk to, nor look at, on the Day of Resurrection. (They are): -1. A man who takes an oath falsely that he has been offered for his goods so much more than what he is given, -2. a man who takes a false oath after the `Asr prayer in order to grab a Muslim's property, and -3. a man who withholds his superfluous water. Allah will say to him, "Today I will withhold My Grace from you as you withheld the superfluity of what you had not created."

`Abdullah (bin Mas`ud) said, "Whoever takes a (false) oath in order to grab some property (unjustly), Allah will be angry with him when he will meet Him. Allah confirmed that through His Divine Revelation: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . they will have a painful punishment." (3.77) Al-Ash'ath bin Qais came to us and asked, 'What is Abu `Abdur-Rahman (i.e. `Abdullah) telling you? 'We told him what he was narrating to us. He said, 'He was telling the truth; this Divine Verse was revealed in connection with me. There was a dispute between me and another man about something and the case was filed before Allah's Apostle who said, 'Produce your two witnesses or else the defendant is to take an oath.' I said, The defendant will surely take a (false) oath caring for nothing.' The Prophet said, 'Whoever takes a false oath in order to grab (other's) property, then Allah will be angry with him when he will meet Him.' Then Allah revealed its confirmation. Al-Ashath then recited the above Divine Verse." (3.77)

Allah's Apostle said, "If somebody is ordered (by the ruler or the judge) to take an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he will meet Him." And Allah revealed in its confirmation: 'Verily! Those who purchase a small gain at the cost of Allah's covenants and their own oaths.' (3.77) (The sub-narrator added:) Al-Ash'ath bin Qais entered, saying, "What did Abu `Abdur-Rahman narrate to you?" They said, "So-and-so," Al-Ash'ath said, "This verse was revealed in my connection. I had a well on the land of my cousin (and we had a dispute about it). I reported him to Allah 's Apostle who said (to me). "You should give evidence (i.e. witness) otherwise the oath of your opponent will render your claim invalid." I said, "Then he (my opponent) will take the oath, O Allah's Apostle." Allah's Apostle said, "Whoever is ordered (by the ruler or the judge) to give an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he meets Him on the Day of Resurrection."

The Prophet (saws) said: He who swears by Amanah (faithfulness) is not one of us.

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

The Prophet (saws) said: If anyone says when swearing an oath: "If Allah wills," he makes an exception.

`Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:--"Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter..." (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu `Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.' "

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."

Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)".

Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."

Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."

I heard Allah's Apostle saying, "The swearing (by the seller) may persuade the buyer to purchase the goods but that will be deprived of Allah's blessing."

The Prophet (saws) said: If anyone swears an oath and makes an exception, he may fulfil it if he wishes and break it if he wishes without any accountability for breaking.

When the Messenger of Allah (saws) swore an oath, it was: No, and I beg forgiveness of Allah.

The Prophet (saws) said: If anyone swears a false oath in confinement, he should make his seat in Hell on account of his (act).

The Prophet said, "Whoever takes a (false) oath in order to grab (others) property, then Allah will be angry with him when he will meet Him."

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)

Yahya said, Malik related to us from Hisham ibn Hisham ibn Utba ibn Abi Waqqas from Abdullah ibn Nistas from Jabir ibn Abdullah al- Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone swears a false oath near this mimbar of mine, he will take his seat in the fire.' "

I said to Anas bin Malik, "Did it reach you that the Prophet said, "There is no treaty of brotherhood in Islam'?" Anas said, "The Prophet made a treaty (of brotherhood) between the Ansar and the Quraish in my home."

I heard Anas bin Malik, "Have you ever heard that the Prophet said, 'There is no alliance in Islam?' " He replied, "The Prophet made alliance between Quraish and the Ansar in my house."

The Holy Prophet (saws) said to a man whom he asked to take an oath: Swear by Allah except whom there is no god that you have nothing belonging to him, i.e. the plaintiff.

The Prophet (saws) said: If anyone takes an oath and says: I am free from Islam; now if he is a liar (in his oath), he will not return to Islam with soundness.