A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.

Abu Hurairah reported the Prophet(saws) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition.

Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (saws).

The Prophet (saws) said: The angels do not come near three: the dead body of the unbeliever, one who smears himself with khaluq, and the one who is sexually defiled except that he performs ablution.

Once `Abdullah bin Mas`ud delivered a sermon before us and said, "By Allah, I learnt over seventy Suras direct from Allah's Apostle . By Allah, the companions of the Prophet came to know that I am one of those who know Allah's Book best of all of them, yet I am not the best of them." Shaqiq added: I sat in his religious gathering and I did not hear anybody opposing him (in his speech).

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

"`Umar bin Al-Khattab addressed the Corner (Black Stone) saying, 'By Allah! I know that you are a stone and can neither benefit nor harm. Had I not seen the Prophet touching (and kissing) you, I would never have touched (and kissed) you.' Then he kissed it and said, 'There is no reason for us to do Ramal (in Tawaf) except that we wanted to show off before the pagans, and now Allah has destroyed them.' `Umar added, '(Nevertheless), the Prophet did that and we do not want to leave it (i.e. Ramal).'

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. '

The people passed by the Messenger of Allah (saws) with a Jew who was blackened with charcoal and who was being flogged.

He called them and said: Is this the prescribed punishment for a fornicator?

They said: Yes. He then called on a learned man among them and asked him: I adjure you by Allah Who revealed the Torah to Moses, do you find this prescribed punishment for a fornicator in your divine Book?

He said: By Allah, no. If you had not adjured me about this, I should not have informed you. We find stoning to be prescribed punishment for a fornicator in our Divine Book. But it (fornication) became frequent in our people of rank; so when we seized a person of rank, we left him alone, and when we seized a weak person, we inflicted the prescribed punishment on him. So we said: Come, let us agree on something which may be enforced equally on people of higher and lower rank. So we agreed to blacken the face of a criminal with charcoal, and flog him, and we abandoned stoning.

The Messenger of Allah (saws) then said: O Allah, I am the first to give life to Thy command which they have killed. So he commanded regarding him (the Jew) and he was stoned to death.

Allah Most High then sent down: "O Apostle, let not those who race one another into unbelief, make thee grieve..." up to "They say: If you are given this, take it, but if not, beware!...." up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) unbelievers," about Jews, up to "And if any do fail to judge by (the right of) what Allah hath revealed, they are no better than) wrong-doers" about Jews: and revealed the verses up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those who rebel." About this he said: This whole verse was revealed about the infidels.

A man heard another man reciting (Surat-Al-Ikhlas) 'Say He is Allah, (the) One.' (112. 1) repeatedly. The next morning he came to Allah's Apostle and informed him about it as if he thought that it was not enough to recite. On that Allah's Apostle said, "By Him in Whose Hand my life is, this Surah is equal to one-third of the Qur'an!"

I went to Sham with a group of the companions of `Abdullah (bin Mas`ud). Abu Ad-Darda' heard of our arrival so he came to us and said, "Is there anybody among you who can recite (Qur'an)" We replied in the affirmative. Then he asked, "Who is the best reciter?" They pointed at me. Then he told me to recite, so I recited the verse:-- 'By the night as it envelops 'By the day as it appears in brightness; By (Him Who created) male and the female.' (92.1-3) Abu Ad-Darda' then said to me, "Did you hear it (like this) from the mouth of your friend (`Abdullah bin Mas`ud)?" I said, "Yes." He said, "I too, heard it (like this) from the mouth of the Prophet, but these people do not consider this recitation as the correct one."

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."

A man heard another man reciting (in the prayers): 'Say (O Muhammad): "He is Allah, the One." (112.1) And he recited it repeatedly. When it was morning, he went to the Prophet and informed him about that as if he considered that the recitation of that Sura by itself was not enough. Allah's Apostle said, "By Him in Whose Hand my life is, it is equal to one-third of the Qur'an."

Urwah ibn az-Zubayr reported from Fatimah daughter of AbuHubaysh that her blood kept flowing, so the Prophet (saws) said to her: When the blood of the menses comes, it is black blood which can be recognised; so when that comes, refrain from prayer; but when a different type of blood comes, perform ablution and pray, for it is (due only to) a vein.

Abu Dawud said: Ibn al-Muthanna narrates this tradition from his book on the authority of Ibn 'Adi in a similar way. Later on he transmitted it to us from his memory: Muhammad b. 'Amr reported to us from al-Zuhri from 'Urwah on the authority of 'Aishah who said: Fatimah used to have her blood flowing. He then reported the tradition conveying the same meaning.

Abu Dawud said: Anas b. Sirin reported from Ibn 'Abbas about the woman who has a prolonged flow of blood. He said: If she sees thick blood, she should not pray; if she finds herself purified even for a moment, she should was an pray.

Makhul said: Menses are not hidden from women. Their blood is black and thick. When it (blackness and thickness) goes away and there appears yellowness and liquidness, that is the flow of blood (from vein). She should wash and pray.

Abu Dawud said: This tradition has been transmitted by Sa'id b. al-Musayyab through a different chain of narrators, saying: The woman who has a prolonged flow of blood should abandon prayer when the menstruation begins; when it is finished, she should wash and pray.

Sumayy and others have also reported it from Sa'id b. al-Musayyab. This version adds: She should refrain (from prayer) during her menstrual period.

Hammad b. Salamah has reported it similarly from Yahya b. Sa'id on the authority of Sa'id b. al-Musayyab.

Abu Dawud said: Yunus has reported from Al-Hasan: When the bleeding of a menstruating woman extends (beyond the normal period), she should refrain (from prayer), after her menses are over, for one or two days. Now she becomes the woman who has a prolonged flow of blood.

Al-Taimi reported from Qatadah: If her menstrual period is prolonged by five days, she should pray. Al-Taimi said: I kept on reducing (the number of days) until I reached two days. He said: If the period extends by two days, they will be counted from the menstrual period. When Ibn Sirin was questioned about it, he said: Women have better knowledge of that.

(regarding the Verse):-- 'Neither say your prayer aloud, nor say it in a low tone.' (17.110) This Verse was revealed while Allah's Apostle was hiding himself in Mecca, and when he raised his voice while reciting the Qur'an, the pagans would hear him and abuse the Qur'an and its Revealer and to the one who brought it. So Allah said:-- 'Neither say your prayer aloud, nor say it in a low tone.' (17.110) That is, 'Do not say your prayer so loudly that the pagans can hear you, nor say it in such a low tone that your companions do not hear you.' But seek a middle course between those (extremes), i.e., let your companions hear, but do not relate the Qur'an loudly, so that they may learn it from you.

A man heard another man reciting: Surat-ul-Ikhlas (The Unity) 'Say: He is Allah, the One (112) and he was repeating it. The next morning he came to Allah's Apostle and mentioned the whole story to him as if he regarded the recitation of that Sura as insufficient On that, Allah's Apostle said, "By Him in Whose Hand my soul is! That (Sura No. 112) equals one-third of the Qur'an."

The Prophet collected every two martyrs of Uhud (in one grave) and then he would ask, "Which of them knew the Qur'an more?" And if one of them was pointed out for him as having more knowledge, he would put him first in the Lahd. The Prophet said, "I will be a witness on these on the Day of Resurrection." Then he ordered them to be buried with their blood on their bodies and he did not have them washed.

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

On his father's authority, said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah (saws) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.

He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

Ibn `Abbas said, "Preach to the people once a week, and if you won't, then preach them twice, but if you want to preach more, then let it be three times (a week only), and do not make the people fed-up with this Qur'an. If you come to some people who are engaged in a talk, don't start interrupting their talk by preaching, lest you should cause them to be bored. You should rather keep quiet, and if they ask you, then preach to them at the time when they are eager to hear what you say. And avoid the use of rhymed prose in invocation for I noticed that Allah's Apostle and his companions always avoided it."

Allah's Apostle said, "No child is born except on Al-Fitra (Islam) and then his parents make him Jewish, Christian or Magian, as an animal produces a perfect young animal: do you see any part of its body amputated?" Then he rec 'The religion of pure Islamic Faith (Hanifa),(i.e. to worship none but Allah), The pure Allah's Islamic nature with which He (Allah) has created mankind. Let There be no change in Allah's religion (i.e. to join none in Allah's worship). That is the straight religion; but most of men know not..." (30.30)

Ahdullah b. Umar (reported) that he had not seen Allah's Messenger (way peace he upon him) touching anything in the House, except the two Yamani corners.