Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

The daughter of Abi Umaiyya, was the wife of 'Umar bin Al-Khattab. 'Umar divorced her and then Mu'awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of 'Iyad bin Ghanm Al-Fihri. He divorced her and then 'Abdullah bin 'Uthman Al-Thaqafi married her.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Muawiya ibn Abi Sufyan sold a gold or silver drinking- vessel for more than its weight. Abu'dDarda said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, forbidding such sales except like for like." Muawiya said to him, "I don't see any harm in it." Abu'd-Darda said to him, "Who will excuse me from Muawiya? I tell him something from the Messenger of Allah, may Allah bless him and grant him peace, and he gives me his own opinion! I will not live in the same land as you!" Then Abu'd-Darda went to Umar ibn al-Khattab and mentioned that to him. Umar ibn al-Khattab therefore wrote to Muawiya, "Do not sell it except like for like, weight for weight."

Yahya related to me from Malik from Nafi and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, "When she began her third period, she was free from him and he was free from her, and he does not inherit from her nor she from him."

that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

Yahya related to me from Malik from Yahya ibn Said that he had heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him about the grandfather. Zayd ibn Thabit wrote to him, "You have written to me asking me about the grandfather. Allah knows best. That is part of what is only determined by the amirs, i.e. the khalifs. I was present with two khalifs before you who gave the grandfather a half with one sibling, and a third with two. If there were more siblings, they did not decrease his third."

Yahya related to me from Malik that Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazim heard Urwa ibn az-Zubayr saying, "I went to see Marwan ibn al-Hakam and we talked about what you had to do wudu for, and Marwan said, 'You have to do wudu if you touch your penis.' Urwa said, 'I didn't know that.' Marwan ibn al-Hakam said that Busra bint Safwan had told him that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If any of you touches his penis he should do wudu.' "

(the freed slave of Al-Mughira bin Shu`ba) Al-Mughira wrote to Muawiya bin Abu Sufyan that Allah's Apostle used to say at the end of every prayer after the Taslim, "La ilaha illa-l-lahu wahdahu la sharika lahu; lahu-l-mulk wa lahu-l-hamd, wahuwa 'ala kulli shai'n qadir. Allahumma la mani'a Lima a taita, wa la mu'ta Lima mana'ta, wa la yanfa'u dhal-jaddu minkal-jadd.

Marwan had been appointed as the governor of Hijaz by Muawiya. He delivered a sermon and mentioned Yazid bin Muawiya so that the people might take the oath of allegiance to him as the successor of his father (Muawiya). Then `Abdur Rahman bin Abu Bakr told him something whereupon Marwan ordered that he be arrested. But `Abdur-Rahman entered `Aisha's house and they could not arrest him. Marwan said, "It is he (`AbdurRahman) about whom Allah revealed this Verse:-- 'And the one who says to his parents: 'Fie on you! Do you hold out the promise to me..?'" On that, `Aisha said from behind a screen, "Allah did not reveal anything from the Qur'an about us except what was connected with the declaration of my innocence (of the slander).

I heard Muawiya bin Abi Sufyan (repeating the statements of the Adhan) while he was sitting on the pulpit. When the Mu'adh-dhin pronounced the Adhan saying, "Allahu-Akbar, Allahu Akbar", Muawiya said: "Allah Akbar, Allahu Akbar." And when the Mu'adh-dhin said, "Ash-hadu an la ilaha illal-lah (I testify that none has the right to be worshipped but Allah)", Muawiya said, "And (so do) I". When he said, "Ash-hadu anna Muhammadan Rasulullah" (I testify that Muhammad is Allah's Apostle), Muawiya said, "And (so do) I". When the Adhan was finished, Muawiya said, "O people, when the Mu'adh-dhin pronounced the Adhan I heard Allah's Apostle on this very pulpit saying what you have just heard me saying".

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar."

Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded."

Yahya related to me from Malik from Ayyub ibn Habib, the mawla of Sad ibn Abi Waqqas that Abu'l-Muthanna al-Juhani said, "I was with Marwan ibn al-Hakam and Abu Said al-Khudri came to him. Marwan ibn al- Hakam said to him, 'Have you heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade blowing into drinks?' Abu Said said to him, 'Yes.' A man said to him, 'Messenger of Allah, I am not quenched from one breath.' The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Remove the cup from your mouth and then breathe.' He said, 'Sometimes I see something floating in it?' He said, 'Then pour it out.'"

Yahya related to me from Malik from Nafi from Aslam, the mawla of Umar ibn al Khattab, that Umar ibn al-Khattab discovered the smell of perfume while he was at ash-Shajara, and he asked, "Who is this smell of perfume coming from?" Muawiya ibn Abi Sufyan answered, "From me, amir al-muminin." Umar said, "From you? By the life of Allah!" Muawiya explained, "Umm Habiba perfumed me, amir al-muminin. "'Umar then said, "You must go back and wash it off."

When the Messenger of Allah (saws) urinated, he performed ablution and sprinkled water on private parts of the body.

Abu Dawud said: A group of scholars agreed with Sufyan upon this chain of narrators. Some have mentioned the name of Sufyan b. al-Hakam, and others al-Hakam b. Sufyan.

Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

Zaid bin Thabit said to me, "Why do you recite very short Suras in the Maghrib prayer while I heard the Prophet reciting the longer of the two long Suras?"

I heard Muawiya bin Abi Sufyan delivering a sermon. He said, "I heard the Prophet saying, "If Allah wants to do a favor to somebody, He bestows on him, the gift of understanding the Qur'an and Sunna. I am but a distributor, and Allah is the Giver. The state of this nation will remain good till the Hour is established, or till Allah's Order comes."

Yahya related to me from Malik from Yazid ibn Ziyad that Muhammad ibn Kab al-Quradhi said, ''Muawiya ibn Abi Sufyan said from the mimbar, 'O people! Nothing keeps away what Allah gives and nothing gives what Allah keeps away. The earnestness of the earnest one does not profit him. When Allah desires good for him, he gives him understanding in the deen.' Then Muawiya said, 'I heard these words from the Messenger of Allah, may Allah bless him and grant him peace, on these blocks of wood.' "

Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."

Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."

That he heard Muawiya bin Abi Sufyan on the day of 'Ashura' during the year he performed the Hajj, saying on the pulpit, "O the people of Medina! Where are your Religious Scholars? I heard Allah's Apostle saying, 'This is the day of 'Ashura'. Allah has not enjoined its fasting on you but I am fasting it. You have the choice either to fast or not to fast (on this day).' "

That he heard Muawiya bin Abi Sufyan (talking) on the pulpit in the year when he performed the Hajj. He took a tuft of hair that was in the hand of an orderly and said, "O people of Medina! Where are your learned men? I heard the Prophet forbidding such a thing as this (i.e. false hair) and he used to say, 'The Israelis were destroyed when their ladies practiced this habit (of using false hair to lengthen their locks).

Yahya related to me from Malik from Abd ar-Rahman ibn Qasim from his father that when people went to stone the jamras they would walk both going there and coming back. The first one to ride was Muawiya ibn Abi Sufyan.

Allah's Apostle, said, "Recite if you wish: Would you then if you were given the authority." (47.22)

Yahya related to me from Malik that he had heard that receipts were given to people in the time of Marwan ibn al-Hakam for the produce of the market at al-Jar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd Thabit and one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, went to Marwan ibn al-Hakam and said, "Marwan! Do you make usury halal?" He said, "I seek refuge with Allah! What is that?" He said, "These receipts which people buy and sell before they take delivery of the goods." Marwan therefore sent a guard to follow them and to take them from people's hands and return them to their owners.

While I was with `Uthman, a man came to him and said, "Appoint your successor." `Uthman said, "Has such successor been named?" He replied, "Yes, Az-Zubair." `Uthman said, thrice, "By Allah! Indeed you know that he is the best of you."

Abdullah ibn AbuBakr reported that he heard Urwah say: I entered upon Marwan ibn al-Hakam. We mentioned things that render the ablution void. Marwan said: Does it become void by touching the penis? Urwah replied: This I do not know. Marwan said: Busrah daughter of Safwan reported to me that she heard the Messenger of Allah (saws) say: He who touches his penis should perform ablution.

I saw `Uthman and `Ali. `Uthman used to forbid people to perform Hajj-at-Tamattu` and Hajj-al- Qiran (Hajj and `Umra together), and when `Ali saw (this act of `Uthman), he assumed Ihram for Hajj and `Umra together saying, "Lubbaik for `Umra and Hajj," and said, "I will not leave the tradition of the Prophet on the saying of somebody."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that a slave stole a small palm from a man's garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan ibn al-Hakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "The hand is not cut off for fruit or palm pith." The man said, "Marwan ibn al-Hakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah, may Allah bless him and grant him peace." So, Rafi went with him to Marwan ibn al-Hakam. He said, "Did you arrest a slave for this?" He said, "Yes." He said, "What will you do with him?" He said, "I want to cut off his hand." Rafi said to him, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The hand is not cut off for dates or palm pith.' Marwan therefore ordered the slave to be released."

The clerk of Al-Mughira bin Shu`ba narrated, "Muawiya wrote to Al-Mughira bin Shu`ba: Write to me something which you have heard from the Prophet (p.b.u.h) ." So Al-Mughira wrote: I heard the Prophet saying, "Allah has hated for you three things: -1. Vain talks, (useless talk) that you talk too much or about others. -2. Wasting of wealth (by extravagance) -3. And asking too many questions (in disputed religious matters) or asking others for something (except in great need). (See Hadith No. 591, Vol. Ill)

Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (saws). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

When Muawiya bin Abu Sufyan came to Medina for the last time, he delivered a sermon before us. He took out a tuft of hair and said, "I never thought that someone other than the Jews would do such a thing (i.e. use false hair). The Prophet named such a practice, 'Az-Zur' (i.e. falsehood)," meaning the use of false hair.

`Abdullah Bin `Umar wrote to `Abdul Malik bin Marwan, swearing allegiance to him: 'I swear allegiance to you in that I will listen and obey what is in accordance with the Laws of Allah and the Tradition of His Apostle as much as I can.'

Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, "There are five camels for it." He said, "Marwan sent me back again to Abdullah ibn Abbas.'' He said, "Do you make front teeth like molars?" Abdullah ibn Abbas said, "It is enough that you take the fingers as the example for that, their blood-moneys being all the same."

Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Apostle said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Apostle and told him that the people had given their consent happily and permitted (their captives to be freed).

"The idolaters wanted to purchase the body of a man who was from the idolaters. But the Prophet (saws) refused to trade with them [for him]."

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from a narration of Al-Hakam. Al-Hajjaj bin Artah also reported it from Al-Ahkam. Ahmad bin Al-Hasan said: "I heard Ahmad bin Hanbal saying: 'Ibn Abi Laila's narrations are not used as proof." Muhammad bin Isma'il said: "Ibn Abi Laila is truthful, but his correct Ahadith are not recognizable from his weak ones. And I do not report anything from him." Ibn Abi Laila is truthful, and Faqih, the problem is only in the chain.

Nasr bin 'Ali narrated to us, [he said:] "Abdullah bin Dawud narrated us, from Sufyan Ath-Thawri who said: 'Our Fuqaha' are Ibn Abi Laila and 'Abdullah bin Shubrumah.'"

(the clerk of Al-Mughira bin Shu`ba) Muawiya wrote to Al-Mughira: "Write to me a narration you have heard from Allah's Apostle." So Al-Mughira wrote to him, "I heard him saying the following after each prayer: 'La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahuI-hamd, wa huwa 'ala kulli Shai-in qadir.' He also used to forbid idle talk, asking too many questions (in religion), wasting money, preventing what should be given, and asking others for something (except in great need), being undutiful to mothers, and burying one's little daughters (alive).

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."

Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "

Malik said, "If it is eaten when it is dead, there is no harm in who catches it."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."