Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes." Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "If a man gives his wife authority over herself, and she does not separate from him and remains with him, there is no divorce." Malik said that a woman whose husband gave her power over herself and they separated while she was unwilling, had no power to revoke the divorce. She only had power over herself as long as they remained together

Yahya related to me from Malik from Yahya ibn Said from a man of the Ansar that his wife asked him for a divorce, and he said to her, "When you have had your period, then tell me." When she had her period, she told him. He said, "When you are purified then tell me." When she was purified, she told him and he divorced her. Malik said, "This is the best of what I have heard about it

Yahya related to me from Malik that Muhammad ibn Abd ar-Rahman ibn Nawfal said, ''Urwa ibn az-Zubayr informed me from A'isha umm al- muminin that Judama bint Wahb al-Asadiyya informed her that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children.' " Malik explained, "Ghila is that a man has intercourse with his wife while she is suckling

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz decided in a case to make a reduction for crop damage. Malik said, "That is what we do in the situation." Malik added, "Crop damage is whatever causes loss of a third or more for the purchaser. Anything less is not counted as crop damage

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "Bartering live animals for dead meat is forbidden." Abu'z-Zinad said, "I said to Said ibn Musayyab, 'What do you think of a man buying an old camel for 10 sheep?' " Said said, "If he buys it to slaughter it, there is no good in it." Abu'z-Zinad added, "All the people (i.e. companions) that I have seen forbade bartering live animals for meat." Abu'z-Zinad said, "This used to be written in the appointment letters of governors in the time of Aban ibn Uthman and Hisham ibn Ismail

Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her. "A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals." Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of." Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another." Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately." Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that." Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan." Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to." Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge." Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent." Malik said, "That is what is done with people who overstep and dispute about what they took the animal for." Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark." Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that." Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him

Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free

Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her." Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods." He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt." Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander." Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander

Yahya related to me from Malik from Yahya ibn Said, that Said ibn al-Musayyab said, "For every piercing wound in any of the organs or limbs of the body, one third of the blood-money of that limb is payable

Yahya related to me from Malik from Ismail ibn Abi Hakim that he heard Umar ibn Abd al-Aziz say, "One of the last things that the Messenger of Allah, may Allah bless him and grant him peace, said was, 'May Allah fight the jews and the christians. They took the graves of their Prophets as places of prostration . Two deens shall not co-exist in the land of the Arabs

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah from Abdullah ibn Umar that the Messengerof Allah, may Allah bless him and grant him peace, used to raise his hands to the level of his shoulders when he began the prayer and when he raised his head from the ruku he raised them in the same way, saying, "Allah hears whoever praises him, our Lord and praise belongs to You." He did not raise them in the sujud

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, "The doors of the Garden are opened on Monday and Thursday. Every muslim slave who does not associate anything with Allah is forgiven except for the man who has enmity between him and his brother. It is said, 'Leave these two until they have made a reconciliation. Leave these two until they have made a reconciliation

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Kab al-Ahbar said to a man who took off his sandals, "Why have you taken off your sandals? Perhaps you have interpreted this ayat, 'Remove your sandals. You are in the pure valley of Tuwa?' (Sura 20 ayat 12) Do you know what the sandals of Musa were?" Malik (the father of Abu Suhayl) said, "I do not know what the man answered." Kab said, "They were made from the skin of a dead donkey

Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, was brought some milk which was mixed with well-water. There was a Bedouin at his right side and Abu Bakr as-Siddiq on his left. He drank and then gave it to the Bedouin and said, "The right-hand to the right-hand

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Zayd ibn Thabit used to say, "Whoever catches the raka`ah has caught the sajda

Malik related to me from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fever is from the vehemence of the heat of Jahannam, so put it out with water

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas said, "Equanimity, gentleness, and good behaviour are one twenty-fifth of prophecy

Malik related to me from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one should milk someone else's cow without his permission. Would any of you like someone to come to his apartment, break into his larder, and take his food? The udders of cows guard their food for their owners, so no one should milk someone else's cow without his permission

Malik related to me that he heard that someone said to Luqman, "What has brought you to what we see?" meaning his high rank. Luqman said, "Truthful speech, fulfilling the trust, and leaving what does not concern me

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to recite the first ten suras of the mufassal in the subh prayer, and on a journey he would recite the ummal-Qur'an and a sura in every raka

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never go to jumua without wearing oil and perfume except when it was forbidden (i.e. when he was muhrim)

Yahya related to me from Malik that he had heard that a man asked Abdullah ibn Umar whether the witr was obligatory and Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, prayed witr, and the muslims prayed witr." The man began repeating his question, and Abdullah ibn Umar kept saying, "The Messenger of Allah, may Allah bless him and grant him peace, prayed witr, and the muslims prayed witr

Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, fell off his horse when riding, and his right side was scraped, so he did one of the prayers sitting, and we prayed behind him sitting. When he left, he said, "The imam is appointed to be followed. If he prays standing, then pray standing, and when he goes into ruku, go into ruku, and when he rises, rise, and when he says, 'Allah hears whoever praises him,' say, 'Our Lord, praise belongs to You,' and if he prays sitting, then all of you pray sitting

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to shorten the prayer when he travelled a distance equivalent to that between Makka and Ta'if, and that between Makka and Usfan and that between Makka and Jedda. Malik said, "That is four mail-stages, and to me that is the most preferable distance for shortening the prayer." Malik said, "Someone who intends to travel does not shorten the prayer until he has left the houses of the village. And he does not do it in full until he comes to the first houses of the village, or is nearby

Yahya related to me from Malik from Zayd Aslam from Ata ibn Yasar from Abdullah Abbas that the Messenger of Allah, may Allah bless him and grant him peace, ate a shoulder of lamb and then prayed without doing wudu

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that he had asked Abu Hurayra, "How do you pray over the dead?" and Abu Hurayra replied, "By the Life of Allah, I will tell you! I follow with the family and when the corpse is put down I say 'Allah is greater' and praise Allah and ask for blessings on His Prophet. Then I say, 'O Allah, he is Your slave and the son of Your male slave and Your female slave. He used to testify that there is no god but You and that Muhammad is Your slave and Your Messenger, and You know that best. O Allah, if he acted well, then increase for him his good action, and if he acted wrongly, then overlook his wrong actions. O Allah, do not deprive us of his reward, and do not try us after him.'" Allahumma inna huwa abduka wa'bnu abdika wa'bnu amatika. Kana yash-hadu an la ilaha illa ant wa anna Muhammadan abduka wa rasooluka, wa anta alamu bihi. Allahumma in kana muhsinan zid fi ihsanihi, wa in kana musiyan fa tajawaz an sayatihi. Allahumma la tahrimna ajrahu wa lataftina badahu

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani that Umar ibn Abd al-Aziz, when writing about wealth that one of his governors had collected unjustly, ordered it to be returned to its owner and zakat to be taken from it for the years that had passed. Then shortly afterwards he revised his order with a message that zakat should only be taken from it once, since it was not wealth in hand

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah that A'isha bint Talha told him that she was once with A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and her husband, who was fasting, came and visited her there. (He was Abdullah ibn Abd ar-Rahman ibn Abi Bakras-Siddiq.) A'isha said to him, "What's stopping you from coming close to your wife and kissing her and joking with her?" He said, "Can I kiss her when I am fasting?" She said, "Yes

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say that a woman in ihram should wear neither a veil nor gloves

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them." Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace." Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' " Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months." Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women." Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! " Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that." Yahya related to me from Malik from Ibn Shihab from clsa ibn Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for the people at Mina, and they questioned him and a man came and said to him, 'Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't worry.' Then another came to him and said 'Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.' He advised, 'Throw, and don't worry.' " Amr continued, saying that the Messenger of Allah, may Allah bless him and grant him peace, was not asked about anything done before or after without his saying, "Do it, and don't worry

Malik said about enemy soldiers who were found on the seashore of a Muslim land, and they claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that except that their ships were damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the imam to give his opinion about them, and I do not think that the tax of one fifth is taken from them." Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided." Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family." Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing." Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place. I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone." Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back." Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal." Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back