Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it, could marry that woman's daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her, and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah, the Blessed, the Exalted, said, "Do not marry the women your fathers have married. " (Sura 4 ayat 21) Malik said, "If a man were to marry a woman in her idda-period in a halal marriage and have relations with her, it would be haram for his son to marry the woman. That is because the father married her in a halal manner, and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with, so the woman's daughter would be haram for the father if he had had sexual relations with her." Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade shighar, which meant one man giving his daughter in marriage to another man on the condition that the other gave his daughter to him in marriage without either of them paying the bride-price

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "Divorce belongs to men, and women have the idda

Yahya related to me from Malik from Da'ud ibn al-Husayn from Abu Sufyan, the mawla of Ibn Abi Ahmad, from Abu Said al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates while they were still on the trees. Muhaqala was renting land in exchange for wheat

Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban and from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade mulamasa and munabadha. Malik said, "Mulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it, or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another, and the other throws his garment without either of them making any inspection. Each of them says, 'this is for this. 'This is what is forbidden of mulamasa and munabadha." Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with, and what people had done in the past, and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them, an uncertain transaction was not intended and it did not resemble mulamasa

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish

Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them." Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money." Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. " He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him." Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims

Yahya related to me from Malik from Hisham ibn Urwa that his father made all the teeth the same in the blood-money and did not prefer any kind over others. Malik said, "What is done in our community is that the front teeth, molars, and eye-teeth have the same blood-money. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The tooth has five camels.' The molar is one of the teeth and he did not prefer any kind over the others

Yahya related to me that Malik said, "I heard that Umar ibn al- Khattab said, 'A night in Rukba (a valley near Taif,) is more preferable to me than ten nights in ash-Sham.' " Malik said, "He meant to lengthen and preserve their lives because of the severity of the plague in ash-Sham

Yahya related to me from Malik from Zayd ibn Aslam from Amr ibn Sad ibn Muadh from his grandmother that the Messenger of Allah, may Allah bless him and grant him peace, said, "O trusting women, none of you must consider even a roasted sheep's trotter too small to give to her neighbour

Yahya related to me from Yahya ibn Said that Umar ibn al-Khattab asked a man what his name was. He said, "Jamra (live coal)." "The son of who?" He said, "Ibn Shihab (meteor, flame)." "From whom?" He said, "From al-Huraqa (burning)." "Where do you live?" He said, "At Harrat an-Nar (lava field of the fire). "At which one of them?" He said, "At Dhati Ladha (one with flames)." Umar said, "Go and look at your family - they have been burned." Yahya added, "It was as Umar ibn al-Khattab, may Allah be pleased with him, said

Malik said, "I heard that al-Qasim ibn Muhammad used to say, 'I have seen the people, (i.e. the companions), and they were not impressed by speech.' " Malik said, "He meant that only action and deeds would be looked at, not words

Yahya related to me from Malik from Ibn Shihab from Ibn Ukayma al-Laythi from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, finished a prayer in which he had recited aloud and asked, "Did any of you recite with me just now?" One man said, "Yes, I did, Messenger of Allah." The Messenger of Allah, may Allah bless him and grant him peace, said, "I was saying to myself, 'Why am I distracted from the Qur'an?' " When the people heard the Messenger of Allah, may Allah bless him and grant him peace, say that, they refrained from reciting with the Messenger of Allah, may Allah bless him and grant him peace, when he recited aloud

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, travelled by night on the way back from Khaybar.Towards the end of the night he stopped for a rest and told Bilal to stay awake to keep watch for the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, and his companions slept. Bilal stayed on guard as long as was decreed for him and then he leant against his riding camel facing the direction of the dawn and sleep overcame him and neither he nor the Messenger of Allah nor any of the party woke up until the sun's rays had struck them. The Messenger of Allah, may Allah bless him and grant him peace, was alarmed. Bilal excused himself, saying, "Messenger of Allah! The One who took your self was the One who took myself. "The Messenger of Allah, may Allah bless him and grant him peace, ordered the party to move on and so they roused thei r mounts and rode on a short distance. The Messenger of Allah, may Allah bless him and grant him peace, ordered Bilal to give the iqama and then led them in the subh prayer. When he had finished he said, "Anyone who forgets a prayer should pray it when he remembers. Allah theBlessed and Exalted says in His book, 'Establish the prayer to remember Me

Yahya related to me from Malik from Hisham ibn Urwa from his father that Abdullah ibn Masud said, "I do not mind if the iqama for the subh prayer is called while I am still praying witr

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr and Said ibn al-Musayyab used to pray voluntary prayers sitting

Yahya related to me from Malik from Nafi that Abdullah ibn Umar never used to pray anything with the fard prayer, either before it or after it, while travelling, except in the depths of the night. He would pray on the ground or on his mount, whichever way it was facing

Malik related to me from Nuaym ibn Abdullah ibn al-Mujmir from AIi ibn Yahya az-Zuraqi from his father that Rifaa ibn Rafi said, "One day we were praying behind the Messenger of Allah, may Allah bless him and grant him peace, when the Messenger of Allah, may Allah bless him and grant him peace, raised his head from ruku and said, 'Allah hears the one who praises Him' (Sami Allahu liman hamidah). A man behind him said, 'Our Lord, praise belongs to you - blessed, pure and abundant praise' (Rabbana wa laka'l hamd, hamdan kathiran tayiban mubarakan fihi). When the Messenger of Allah, may Allah bless him and grant him peace, had finished, he said, 'Who was it who spoke just now?' The man said, 'I did, Messenger of Allah,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'I saw more than thirty angels rushing to it to see which one of them would record it first

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when he prayed over the dead, would say, "Peace be upon you" loud enough for whoever was near to him to hear

It was related to me from Malik from Musa ibn Uqba from Abd ar- Rahman ibn Yazid al-Ansari that when Anas ibn Malik came back from Iraq, Abu Talha and Ubayy ibn Kab visited him. He brought them some cooked food and they ate, and then Anas got up and did wudu. Abu Talha and Ubayy ibn Kab asked, "What's this, Anas? Is it an Iraqi custom?" and Anas said, "I wish I had not done it." (i.e. wudu). Abu Talha and Ubayy ibn Kab both got up and prayed without doing wudu

Yahya said that Malik said, "The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five, is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock, he still only has to pay zakat according to what the zakat collector (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed. Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Sheep from the zakat were brought past Umar ibn al-Khattab and he saw amongst them a sheep with a large udder, ready to give milk, and he said, 'What is this sheep doing here?' and they replied, 'It is one of the sheep from the zakat.' Umar said, 'The owners did not give this sheep willingly. Do not subject people to trials. Do not take from the muslims those of their animals which are the best food-producers

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "We once travelled with the Messenger of Allah, may Allah bless him and grant him peace, in Ramadan, and those who were fasting did not find fault with those who were not, and those who were not fasting did not find fault with those who were

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, told the people of Madina to enter ihram at Dhu'l-Hulayfa, the people of Syria to do so at al-Juhfa, and the people of Najd to do so at Qarn.' Abdullah ibn Umar said, "I heard these three from the Messenger of Allah, may Allah bless him and grant him peace. I was also told that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The people of Yemen should enter ihram at Yalamlam

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the yearof Khaybar. We did not capture any gold or silver except for personal effects, clothes, and baggage. Rifaa ibn Zayd presented a black slave boy to the Messenger of Allah, may Allah bless him and grant him peace, whose name was Midam. The Messenger of Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura, and when he arrived there, Midam was unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace, when a stray arrow struck and killed him. The people said, 'Good luck to him! The Garden!' The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap or two sandal-straps to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'A sandal-strap or two sandal-straps of fire