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• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself; and he said; Yes; there is no harm in that. Malik said; The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a Masjid where jumua is held. The only reason I see for disapproving of doing itikaf in a Masjid where jumua is not held is that the man doing itikaf would have to leave the Masjid where he was doing itikaf in order to go to jumua; or else not go there at all. If; however; he is doing itikaf in a Masjid where jumua is not held; and he does not have to go to jumua in any other Masjid; then I see no harm in him doing itikaf there; because Allah; the Blessed and Exalted; says; While you are doing itikaf in Masjids; and refers to all Masjids in general; without specifying any particular kind. Malik continued; Accordingly; it is permissiblefor a man to do itikaf in a Masjid where jumua is not held if he does not have to leave it to go to a Masjid where jumua is held. Malik said; A person doing itikaf should spend the night only in the Masjid where he is doing itikaf; except if his tent is in one of the courtyards of the Masjid. I have never heard that someone doing itikaf can put up a shelter anywhere except in the Masjid itself or in one of the courtyards of the Masjid. Part of what shows that he must spend the night in the Masjid is the saying of Aisha; When the Messenger of Allah; may Allah bless him and grant him peace; was doing itikaf; he would only go into the house to relieve himself. Nor should he do itikaf on the roof of the Masjid or in the minaret. Malik said; The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf; so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf; and not turn his attention to other things which might occupy him; such as trading or whatever. There is no harm; however; if some one doing itikaf tells some one to do something for him regarding his estate; or the affairs of his family; or tells someone to sell some property of his; or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter. Malik said; I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer; fasting; the hajj; and such like acts; whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done; whether it is a modification that he imposes on others; or one that he begins doing himself. The Messenger of Allah; may Allah bless him and grant him peace; practised itikaf; and the muslims know what the sunna of itikaf is. Malik said; Itikaf and jiwar are the same; and Itikaf is the same for a village-dweller as it is for a nomad.
  or a village-dweller as it is for a nomad.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn AlMusayab said that if a man married a woman; and he was insane or had a physical defect; she had the right of choice. If she wished she could stay; and if she wished she could separate from him.
  if she wished she could separate from him.  +
• Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad disapproved of eating game that had been killed with throwing sticks and by clay pellets.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Umar used to be asked; an some one fast for some one else; or do the prayer for some one else? and he would reply; No one can fast or do the prayer for anyone else.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; said; The whole of Arafa is a mawqif; except the middle of Urana; and the whole of Muzdalifa is a standing-place; except for the middle of Muhassir.
  -place; except for the middle of Muhassir.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had asked Ibn Shihab about whether the deadline was set from the day he had married her; or from the day she raised the question before the Sultan. He said. It is from the day she presents it before the Sultan. Malik said; As for someone who has intercourse with his wife and then is prevented from intercourse with her; I have not heard that there is a deadline set for him or that they are separated.
  ne set for him or that they are separated.  +
• Yahya related to me from Malik that he had heard that Abud-Darda used to rise in the middle of the night and say; Eyes have slept; and stars have set; and You are the Living and Self Subsistent. Namatl uyun wa gharitin-nujum wa anTalha yu Alqayum.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Abdullah Ibn Masud said that there was nothing binding on someone who said; Every woman I marry is divorced; if he did not name a specific tribe or woman. Malik said; That is the best of what I have heard. Malik said about a man saying to his wife; You are divorced; and every woman I marry is divorced; or that all his property would be sadaqa if he did not do such-and-such; and he broke his oath: As for his wives; it is divorce as he said; and as for his statement; Every woman I marry is divorced; if he did not name a specific woman; tribe; or land; or such; it is not binding on him and he can marry as he wishes. As for his property; he gives a third of it away as sadaqa.
  ty; he gives a third of it away as sadaqa.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Uthman Ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra; until he had returned. Malik said; Umra is a sunna; and we do not know of any muslim who has ever said that it is permissible not to do it. Malik said; I do not think that anyone can do more than one umra in any one year. Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra; which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled; except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat. Malik said; Someone who entered Makka to do umra; and does tawaf of the House and say between Safa and Marwa while he is junub; or not in Ablution; and afterwards has intercourse with his wife; and then remembers; should do ghusl; or Ablution; and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. Malik said; As for beginning umra at AlTanim; it is not the only alternative. It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes; but the best way is for him to go into ihram at the miqat which the Messenger of Allah; may Allah bless him and grant him peace; used i.e. AlTanim ; or one which is further away.
  e. AlTanim ; or one which is further away.  +
• Yahya related to me from Malik that he had heard that Isa Ibn Maryam used to say; O Banu Israil! You must drink pure water and the green things of the land and barley bread. Beware of wheat bread; for you will not be grateful enough for it.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard that a beggar asked Aisha; the wife of the Prophet; may Allah bless him and grant him peace; for something while she was fasting and there was only a loaf of bread in her house. She said to her female mawla; Give it to him. The mawla protested; You will not have anything to break your fast with. Aisha repeated; Give it to him; so she did so. When evening came; the people of a house or a man who did not usually give to them; gave them a sheep and some food to go with it. Aisha; umm Almuminin; called her mawla and said; Eat from this. This is better than your loaf of bread.
  s. This is better than your loaf of bread.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard Rabia Ibn Abi Abdulrahman saying the same about that as what Ikrama related from Ibn Abbas. Malik said; That is what I like most out of what I have heard about the matter. Malik was asked about a man who forgot the tawaf Alifada until he had left Makka and returned to his community and he said; I think that he should go back and do the tawaf Alifada; as long as he has not had sexual relations with women. If; however; he has had sexual relations with women; then he should not only return and do the tawaf Alifada; but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there; but if he has not brought one with him from wherever it was he set out to do umra; he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there.
  rom there to Makka and sacrifice it there.  +
• Yahya related to me from Malik that he had heard that Aisha was asked about how a woman should do ghusl for major ritual impurity. She said; She should scoop water over her head with both hands three times and rub the roots of her hair with her hands.  +
• Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar said; The idda of a slave-girl when her husband dies is two months and five days.  +
• Yahya related to me from Malik that he had heard that Ali Ibn Abi Talib and Abdullah Ibn Abbas did not do Ablution after eating cooked food.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar were asked about a man who divorced when he was drunk. They said; When a drunk man divorces; his divorce is allowed. If he kills; he is killed for it. Malik said; That is what is done among us.
  Malik said; That is what is done among us.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad and Urwa Ibn AlZubair and Abu Bakr Ibn Abd ar Rahman used to pray nawafil when travelling. Yahya said that Malik was asked about voluntary prayers when travelling and he said; There is no harm in them; either at night or during the day. I have heard that some of the people of knowledge used to do that.
  f the people of knowledge used to do that.  +
• Yahya related to me from Malik that he had heard that Jabir Ibn Abdullah AlAnsari was asked about wiping over a turban. He said; Not unless you have wiped over your hair with water.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods. Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her; there was no idda against her from the recent marriage; and she rested on her first idda. Malik said; That is the best that I have heard on the matter. Malik said; If; when a woman offers to compensate her husband; he divorces her straightaway; then that compensation is confirmed for him. If he makes no response; and then at a later date; does divorce her; he is not entitled to that compensation.
  ; he is not entitled to that compensation.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that a man said to Abdullah Ibn Abbas; I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is? Ibn Abbas said to him; She was divorced from you by three pronouncements; and by the ninety-seven; you have mocked the ayat of Allah.
  -seven; you have mocked the ayat of Allah.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz wrote to his governor in Damascus about zakat saying; Zakat is paid on the produce of ploughed land; on gold and silver; and on livestock. Malik said; Zakat is only paid on three things: the produce of ploughed land; gold and silver; and livestock.
  ghed land; gold and silver; and livestock.  +
• Yahya related to me from Malik that he had heard that Said Ibn AlMusayab used to say; Sleep is disapproved of before isha and conversation after it.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad and Salim Ibn Abdullah were marrying off their daughters and they did not consult them. Malik said; That is what is done among us about the marriage of virgins. Malik said; A virgin has no right to her property until she enters her house and her state competence; maturity etc. is known for sure.
  mpetence; maturity etc. is known for sure.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife; You are free of me; and I am free of you; it counted as three pronouncements of divorce as if it were an irrevocable divorce. Malik said that if a man made any strong statement such as these to his wife; it counted as three pronouncements of divorce for a woman whose marriage had been consummated; or it was written as one of three for a woman whose marriage had not been consummated; whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because; whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce; the woman whose marriage had not been consummated was made inaccessible by only one pronouncement. Malik said; That is the best of what I have heard.
  id; That is the best of what I have heard.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; A man asked permission to come in to see the Messenger of Allah; may Allah bless him and grant him peace. I was with him in the house and the Messenger of Allah; may Allah bless him and grant him peace; said; He is an evil member of his tribe. Then the Messenger of Allah; may Allah bless him and grant him peace; gave him permission. Aisha continued; It was not long before I heard the Messenger of Allah; may Allah bless him and grant him peace; laughing with him. When the man left; I said; Messenger of Allah; you said what you said about him; and then before long you were laughing with him. The Messenger of Allah; may Allah bless him and grant him peace; replied; Among the most evil of people is the one whom people are cautious with because of his evil.
  ple are cautious with because of his evil.  +
• Yahya related to me from Malik that he had heard that Said Ibn AlMusayab had said that Umar Ibn AlKhattab said; A woman is only married with the consent of her guardian; someone of her family with sound judgement or the Sultan.  +
• Yahya related to me from Malik that he had heard from Busr Ibn Said that the Messenger of Allah; may Allah bless him and grant him peace; said; None of you women should use perfume when you are present at the isha prayer.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard from Jabir Ibn Abdullah that the Messenger of Allah; may Allah bless him and grant him peace; said; When a man visits an invalid; he plunges into mercy to the extent that when he sits with him; it settles in him; or the like of that.
  m; it settles in him; or the like of that.  +
• Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; forbade two sales in one sale.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn AlMusayab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like. Malik said; I do not see any harm in eating game which is pierced by a throwing stick in a vital organ. Allah; the Blessed; the Exalted! said; Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain. Surat 5 ayat 97. Yahya said; Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ; is acceptable as Allah; the Exalted; has said.
  cceptable as Allah; the Exalted; has said.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that a man asked AlQasim Ibn Muhammad and Sulayman Ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said; If he marries her; he must not touch her until he has done the kaffara for pronouncing dhihar.
  s done the kaffara for pronouncing dhihar.  +
• Yahya related to me from Malik that he had heard that Sulayman Ibn Yasar said; The fodder of the donkeys of Saad Ibn Abi Waqqas ran out and so he told his slave to take some of the family wheat and buy barley with it; and to only take a like quantity.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Abdullah Ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child; and he said; She should break the fast and feed a poor man one mudd of wheat in place of every day; using the mudd of the Prophet; may Allah bless him and grant him peace. Malik said; The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah; the Exalted and Glorified; says; And whoever of you is sick or on a journey should fast an equal number of other days; and they consider her pregnancy and her concern for her child as a sickness.
  d her concern for her child as a sickness.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Abbas and Abdullah Ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.  +
• Yahya related to me from Malik that he had heard that the muadhdhin came to Umar Ibn AlKhattab to call him to the subh prayer and found him sleeping; so he said; Prayer is better than sleep; and Umar ordered him to put that in the adhan for subh.  +
• Yahya related to me from Malik that he had heard that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; used to pray in a shift and head-covering.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling and lending. Malik said; The explanation of what that meant is that one man says to another; I will take your goods for such-and-such if you lend me such-and-such. If they agree to a transaction in this manner; it is not permitted. If the one who stipulates the loan abandons his stipulation; then the sale is permitted. Malik said; There is no harm in exchanging linen from Shata; for garments from Itribi; or Qass; or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three; from hand to hand or with delayed terms. If the goods are of the same kind; and deferment enters into the transaction; there is no good in it. Malik said; It is not good unless they are different; and the difference between them is clear. When they resemble each other; even if the names are different; do not take two for one with delayed terms; for instance two garments of Herat for one from Merv or Quhy with delayed terms; ortwo garments of Furqub for one from Shata. All these sorts are of the same description; so do not buy two for one; on delayed terms. Malik said; There is no harm in selling what you buy of things of this nature; before you complete the deal; to some one other than the person from whom you purchased them if the price was paid in cash.
  chased them if the price was paid in cash.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; used to say; Breaking the bone of a muslim when he is dead is like breaking it when he is alive. She meant if done in wrong action.
  alive. She meant if done in wrong action.  +
• Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; used to say; When a cloud appears from the direction of the sea and then goes towards AlSham; it will be an abundant source of rain.  +
• Yahya related to me from Malik that he heard that there had been an aqiqa forHassan and Husayn; the sons of Ali Ibn Abi Talib.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; used to say; If someone fears that he will sleep through till the morning; let him pray the witr before he sleeps; and if some one hopes to wake for the last part of the night; let him delay his witr.
  part of the night; let him delay his witr.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Salim Ibn Abdullah and Sulayman Ibn Yasar said that if a woman whose husband had died feared that an inflammation of her eyes might affect her sight or that some complaint might befall her; she should put kohl on and seek a remedy with kohl or some other cure even if it had perfume in it. Malik said; If there is a necessity; the deen of Allah is ease.
  is a necessity; the deen of Allah is ease.  +
• Yahya related to me from Malik that he had …
  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.
  prayed witr; and the muslims prayed witr.  +
• Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab and Ali Ibn Abi Talib and Uthman Ibn Affan drank while standing.  +
• Yahya related to me from Malik that he heard that the Messenger of Allah; may Allah bless him and grant him peace; said; Sadaqa to the family of Muhammad is not halal. It is only people impurities.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims. Malik said; The sunna is that there is no jizya due from women or children of people of the Book; and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor; whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in; they do not have to pay anything on their property except the jizya. If; however; they trade in muslim countries; coming and going in them; a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions; which they have agreed on; namely that they will remain in their own countries; and that war will be waged for them on any enemy of theirs; and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt; and then goes to Syria; and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina; or Yemen; or other similar places; has to pay a tenth. People of the Book and magians do not have to pay any zakat on any of their property; livestock; produce or crops. The sunna still continues like that. They remain in the deen they were in; and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so; since that is outside what they have agreed upon; and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing.
  the people of knowledge of our city doing.  +
• Yahya related to me from Malik that he had heard that it took Abdullah Ibn Umar eight years to learn Surat AlBaqara. Surat 2  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; said to a woman in mourning for her husband whose eyes were troubling her and the pain had become very strong; Apply jala kohl at night and wipe it off in the day.
  kohl at night and wipe it off in the day.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz during his khalifate; wrote to one of his governors; Whatever a father; or guardian; who gives someone in marriage; makes a condition in the way of unreturnable gift or of favour; belongs to the woman if she wants it. Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said; Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated; the husband has half of the unreturnable gift by which the marriage occurred. Malik said about a man who married off his young son and the son had no wealth at all; that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father. Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin; her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses. Malik said that that was because Allah; the Blessed; the Exalted; said in His Book; Unless they women with whom he had not consummated marriage make remission or he makes remission to him in whose hand is the knot of marriage. Surat 2 ayat 237. He being the father of a virgin daughter or the master of a female slave. Malik said; That is what I have heard about the matter; and that is how things are done among us. Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated; did not keep anything from the bride-price. Malik said; I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged.
  for which cutting off the hand is obliged.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn AlMusayab; Salim Ibn Abdullah and Sulayman Ibn Yasar were asked about whether someone in ihram could get married; and they said; Some one in ihram may neither get married nor give some one in marriage. Malik said that a man who was in ihram could return to his wife if he wanted to; if she was still in her idda after she had been divorced from him.
  idda after she had been divorced from him.  +