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.

(from the companions of Allah's Apostle) When Suhail bin `Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet agreed to that condition and returned Abu Jandal to his father Suhail bin `Amr. Thenceforward the Prophet returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kulthum bint `Uqba bin Abu Muait who came to Allah's Apostle and she was a young lady then. Her relative came to the Prophet and asked him to return her, but the Prophet did not return her to them for Allah had revealed the following Verse regarding women: "O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

Yahya related to me from Malik that Ibrahim ibn Uqba asked Said ibn al-Musayyab about suckling. Said said, "All that occurs in the first two years, even if it is only a drop, makes haram. Whatever is after two years, is only food that is eaten."

Ibrahim ibn Uqba said, ''Then I asked Urwa ibn az-Zubayr and he told me the same as what Said ibn al-Musayyab said."

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 ...

Allah's Apostle said, When the funeral is ready and the men carry it on their shoulders, if the deceased was righteous it will say, 'Present me (hurriedly),' and if he was not righteous, it will say, 'Woe to it (me)! Where are they taking it (me)?' Its voice is heard by everything except man and if he heard it he would fall unconscious."

The Prophet said, "When a funeral is ready and the men carry the deceased on their necks (shoulders), if it was pious then it will say, 'Present me quickly', and if it was not pious, then it will say, 'Woe to it (me), where are they taking it (me)?' And its voice is heard by everything except mankind and if he heard it he would fall unconscious."

Allah's Apostle said, "When the funeral is ready (for its burial) and the people lift it on their shoulders, then if the deceased is a righteous person he says, 'Take me ahead,' and if he is not a righteous one then he says, 'Woe to it (me)! Where are you taking it (me)?' And his voice is audible to everything except human beings; and if they heard it they would fall down unconscious . "

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Allah's Apostle said, "If one says one-hundred times in one day: "None has the right to be worshipped but Allah, the Alone Who has no partners, to Him belongs Dominion and to Him belong all the Praises, and He has power over all things (i.e. Omnipotent)", one will get the reward of manumitting ten slaves, and one-hundred good deeds will be written in his account, and one-hundred bad deeds will be wiped off or erased from his account, and on that day he will be protected from the morning till evening from Satan, and nobody will be superior to him except one who has done more than that which he has done."

Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said, "I heard that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A house or land that has been divided in the Jahiliyya, it is according to the division of the Jahiliyya. A house or land which has not been divided before the coming of Islam is divided according to Islam.' "

Allah's Apostle said, "Whoever says, 'Subhan Allah wa bihamdihi,' one hundred times a day, will be forgiven all his sins even if they were as much as the foam of the sea.

Jabir reported that Allah's Messenger (may peace be upon him) forbade that a man should eat with the left hand or walk with one sandal or wrap himself completely leaving no opening for the arms (to draw out) or support himself when sitting with a single garment wrapped round his knees which may expose his private parts.

Allah's Apostle said," None of you should long for death because of a calamity that had befallen him, and if he cannot, but long for death, then he should say, 'O Allah! Let me live as long as life is better for me, and take my life if death is better for me.' "

Hafsa, daughter of 'Abd al-Rahman b. Abu Bakr, reported that 'A'isha narrated to her that she and the Apostle of Allah (may peace be upon him) took a bath from the same vessel which contained water equal to three Mudds or thereabout.

(the son of Muhib) An Egyptian who came and performed the Hajj to the Ka`ba saw some people sitting. He enquire, "Who are these people?" Somebody said, "They are the tribe of Quraish." He said, "Who is the old man sitting amongst them?" The people replied, "He is `Abdullah bin `Umar." He said, "O Ibn `Umar! I want to ask you about something; please tell me about it. Do you know that `Uthman fled away on the day (of the battle) of Uhud?" Ibn `Umar said, "Yes." The (Egyptian) man said, "Do you know that `Uthman was absent on the day (of the battle) of Badr and did not join it?" Ibn `Umar said, "Yes." The man said, "Do you know that he failed to attend the Ar Ridwan pledge and did not witness it (i.e. Hudaibiya pledge of allegiance)?" Ibn `Umar said, "Yes." The man said, "Allahu Akbar!" Ibn `Umar said, "Let me explain to you (all these three things). As for his flight on the day of Uhud, I testify that Allah has excused him and forgiven him; and as for his absence from the battle of Badr, it was due to the fact that the daughter of Allah's Apostle was his wife and she was sick then. Allah's Apostle said to him, "You will receive the same reward and share (of the booty) as anyone of those who participated in the battle of Badr (if you stay with her).' As for his absence from the Ar-Ridwan pledge of allegiance, had there been any person in Mecca more respectable than `Uthman (to be sent as a representative). Allah's Apostle would have sent him instead of him. No doubt, Allah's Apostle had sent him, and the incident of the Ar-Ridwan pledge of Allegiance happened after `Uthman had gone to Mecca. Allah's Apostle held out his right hand saying, 'This is `Uthman's hand.' He stroke his (other) hand with it saying, 'This (pledge of allegiance) is on the behalf of `Uthman.' Then Ibn `Umar said to the man, 'Bear (these) excuses in mind with you.'

There was an orphan (girl) under the care of a man. He married her and she owned a date palm (garden). He married her just because of that and not because he loved her. So the Divine Verse came regarding his case: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) The sub-narrator added: I think he (i.e. another sub-narrator) said, "That orphan girl was his partner in that datepalm (garden) and in his property."

Allah's Apostle employed an employee (to collect Zakat). The employee returned after completing his job and said, "O Allah's Apostle! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet said to him, "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Apostle got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said, "Now then ! What about an employee whom we employ and then he comes and says, 'This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet added, "I have preached you (Allah's Message)." Abu Humaid said, "Then Allah's Apostle raised his hands so high that we saw the whiteness of his armpits."