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• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab said; There is no hoarding in our market; and men who have excess gold in their hands should not buy up one of Allah provisions which he has sent to our courtyard and then hoard it up against us. Someone who brings imported goods through great fatigue to himself in the summer and winter; that person is the guest of Umar. Let him sell what Allah wills and keep what Allah wills.
  hat Allah wills and keep what Allah wills.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard that Umar Ibn Abd AlAziz gave a decision that when a jew or christian was killed; his blood-money was half the blood-money of a free muslim. Malik said; What is done in our community; is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it.
  s him by deceit. Then he is killed for it.  +
• 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; used to say; I did not believe that the Messenger of Allah; may Allah bless him and grant him peace; had died until I heard the pickaxes fall.
  had died until I heard the pickaxes fall.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn AlMusayab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said Ibn AlMusayab 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.
  t. Then it is obliged and required of him.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that if Sad Ibn Abi Waqqas entered Makka late; he would go to Arafa before doing tawaf of the House and say between Safa and Marwa; and then do tawaf when he got back. Malik said; The leeway is broad; if Allah wills. Malik was asked whether somebody that was doing obligatory tawaf could stop and talk with another man; and he said; I do not like him to do that. Malik said; Only someone who is pure by being in Ablution should do tawaf of the House or say between Safa and Marwa.
  f the House or say between Safa and Marwa.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard the people of knowledge telling people not to fast on the day in Shaban when there was doubt about whether it was Shaban or Ramadan ; if they intended by it the fast of Ramadan. They considered that whoever fasted on that day without having seen the new moon had to make up that day if it later became clear that it was part of Ramadan. They did not see any harm in voluntary fasting on that day. Malik said; This is what we do; and what I have seen the people of knowledge in our city doing.
  the people of knowledge in our city doing.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that when the Messenger of Allah; may Allah bless him and grant him peace; had finished his tawaf of the House; prayed two rakas; and wanted to go to Safa and Marwa; he would salute the corner of the Black Stone before he left.
  corner of the Black Stone before he left.  +
• 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 whether; when a man married a slave of his to a slave-girl and the slave divorced her irrevocably; and then her master gave her to the slave; she was then halal for the slave by the possession of the right hand. They said; No. She is not halal until she has married another husband.
  lal until she has married another husband.  +
• 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; Try to go straight; although you will not be able to do so. Act; and the best of your actions is the prayer. And only a mumin is constant in his Ablution.
  only a mumin is constant in his Ablution.  +
• Yahya related to me from Malik that he had heard the people of knowledge say; Someone who dedicates a sacrificial animal for compensation or as part of the hajj should not eat from it.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard Ibn Shihab say; The idda of the divorced woman is reckoned by the menstrual cycles even if she is estranged. The reason the idda is normally reckoned by the menstrual cycle is to see whether the woman is pregnant or not.
  see whether the woman is pregnant or not.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Umar said; O Allah; make me one of the leaders of the people of taqwa. Allahumma jalniy min aimatil-mutaqin.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard Ibn Shihab say; When a man who is terminally ill divorces his wife three times; she inherits from him. Malik said; If he divorces her while he is terminally ill before he has consummated the marriage; she has half of the bride-price and inherits; and she does not have to do an idda. If he consummated the marriage; she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us.
  he same in this situation according to us.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Marwan Ibn AlHakam 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; Surat 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. Surat 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.
  ally. It 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 the people of knowledge say that when a man hit game and something else might have contributed to death; like water or an untrained dog; that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ; so that it did not have any life after that. Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight; then it was disapproved of to eat it.
  ght; then it was disapproved of to eat it.  +
• Yahya related to me from Malik that he had heard that AlOasim Ibn Muhammad said; Umar Ibn AlKhattab said; A dinar for a dinar; and a dirham for adirham; and a sa for a sa. Something to be collected later is not to be sold for something at hand.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Abbas and Ubada Ibn AlSamit and AlQasim Ibn Muhammad and Abdullah Ibn Amir Ibn Rabia had all prayed witr after the break of dawn.  +
• 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; Let anyone who cannot find two garments pray in one garment and wrap himself in it; and if the garment is short; let him wrap it around his waist. Malik said; In my view it is preferable for someone who prays in a single shirt to put a garment or a turban over his shoulders.
  a garment or a turban over his shoulders.  +
• Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab gave his son a slave-girl and said; Do not touch her; for I have uncovered her.  +
• 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.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard Rabia Ibn Abdulrahman say that a slave could marry four women. Malik said; This is the best of what I have heard about the matter. Malik said; The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission; he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage. Malik said; When a slave is owned by his wife or a husband owns his wife; the possession of each of them is rendered void without divorce. If a man; for instance; is married to a slave-girl; and then he buys her; he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards; that separation was not divorce. Malik said; When a slave is freed by his wife who owns him and she is in the idda-period from him; they can only return to each other after she has made another marriage.
  other after she has made another marriage.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Said Ibn Abi Waqqas used to pass in front of some of the rows while the prayer was in progress. Malik said; I consider that it is permissible to do that if the iqama for the prayer has been said and the imam has said the initial takbir and a man cannot find any way into the Masjid except by going between the rows.
  e Masjid except by going between the rows.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Umar said; The Messenger of Allah; may Allah bless him and grant him peace; said; Do not forbid the female slaves of Allah from going into the Masjids of Allah.  +
• 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; used to make dua saying; O Allah; I askYou for good actions and for leaving what is disapproved of and for love of the poor. And if You wish to try people; then bring me to You without being tried. Allahumma inniy asaluka falal-khayrati; wa tarqal-munqarati; wa hubbal-masakin; wa idha aradta fin-nasi fitnatan faqbithni ilayka ghayra maftun.
  i fitnatan faqbithni ilayka ghayra maftun.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that once in the time of Uthman Ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set. Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added; Some one who sees the new moon of Shawal when he is on his own does not break the fast; because people suspect the reliability of someone among them who breaks the fast. Such people should say; when they sight the new moon; We have seen the new moon. Whoever sees the new moon of Shawal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming. Yahya said that he heard Malik say; If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day; then they should break the fast on that day at whatever time the news comes to them. However; they do not pray the id prayer if they hear the news after the sun has begun to decline.
  e news after the sun has begun to decline.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard Ibn Shihab say; The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him. Malik said; That is an accidental injury; when a man strikes a woman and hits with a blow what he did not intend; for instance; if he struck her with a whip and cut her eye open and the like of that. Malik said about a woman who has a husband and children who are not from her paternal relatives or her people; that since he is from another tribe; there is no blood-money against her husband for her criminal action; nor any against her children if they are not from her people; nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah; may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe; but the blood-money of the criminal act of the mawla is only against her tribe.
  ct of the mawla is only against her tribe.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard from Amir Ibn Sad Ibn Abi Waqqas that his father said; There were two brothers; one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah; may Allah bless him and grant him peace; and he said; Wasnt the other one a muslim? They said; Of course; Messenger of Allah; and there was no harm in him. The Messenger of Allah; may Allah bless him and grant him peace; said; What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.
  t realise what his prayer has brought him.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Umar used to disapprove of passing in front of women while they were praying.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Marwan Ibn AlHakam decided about a man who had made a vow to abstain from intercourse with his wife; that when four months had passed; it was a divorce and he could return to her as long as she was in her idda. Malik added; That was also the opinion of Ibn Shihab. Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain; he was divorced. He could go back to his wife; but if he did not have intercourse with her before the end of her idda; he had no access to her and he could not go back to her unless he had an excuse - illness; imprisonment; or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain; divorce was applied to him by the first vow. If four months passed; and he had not returned to her; he had no idda against her nor access because he had married her and then divorced her before touching her. Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her; but then returned and did not touch her and four months were completed before her idda was completed; did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda; he was entitled to her. If her idda passed before he had intercourse with her; he had no access to her. This is what Malik preferred of what he had heard on the subject. Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her; and the four months of the vow were completed before completion of the idda of the divorce; it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day. Malik said; If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed; it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that; I do not think that it is ila because when the term enters into it at which it stops; he comes out of his oath and he does not have to declare his intention. Malik said; If someone vows to his wife not to have intercourse with her until her child has been weaned; that is not ila. I have heard that Ali Ibn Abi Talib was asked about that and he did not think that it was ila.
  that and he did not think that it was ila.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that AlZubair Ibn AlAwam said the like of that. Malik said that if a man had sexual relations with a female slave that he owned; and then he wanted to also have relations with her sister; the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage; setting free; kitaba; or the like of that - for instance; if he had married her to his slave or someone other than his slave.
  his slave or someone other than his slave.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons; eagles; and hawks and their like; understood as trained dogs understood; there was no harm in eating what they had killed in the course of hunting; if the name of Allah had been mentioned when they were sent out. Malik said; The best of what I have heard about retrieving game from the falcon talons or from the dog fangs and then waiting until it dies; is that it is not halal to eat it. Malik said; The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it; it is not halal to eat it either. He continued; The same thing applies to any game hit by a hunter and caught while still alive; which he neglects to slaughter before it dies. Malik said; It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills; if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it. It is the same as a muslim using a magian knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim hunting dog for game; and it catches it; the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim bow and arrow to hunt game with; or like his using a muslim knife to slaughter with. It is not halal to eat anything killed like that.
  ot halal to eat anything killed like that.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that a man came to Abdullah Ibn Umar; and said; Abu Abdulrahman I placed the command of my wife in her hand; and she divorced herself; what do you think? Abdullah Ibn Umar said; I think that it is as she said. The man said; Dont do it; Abu Abdulrahman Ibn Umar said; You did it; it has nothing to do with me.
  You did it; it has nothing to do with me.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that a man came to Abdullah Ibn Masud and said; I have divorced my wife by saying I divorce you eight times. Ibn Masud said to him; What have people told you? He replied; I have been told that I have to part absolutely from her. Ibn Masud said; They have spoken the truth. A person who divorces as Allah has commanded; Allah makes it clear for him; and a person who obscures himself in error; we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said.
  o your confusion. It is as they have said.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Abbas used to say that the area between the corner of the Black Stone and the door of the Kaba was called AlMultazam.  +
• Yahya related to me from Malik that he heard that this was said No one will die until his provision is completed for him; so behave correctly in your seeking it.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Masud used to move forward while in ruku.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard more than one of their men of knowledge say; There has been no call to prayer or iqama for the id AlFitr or the id AlAdha since the time of the Messenger of Allah; may Allah bless him and grant him peace. Malik said; That is the sunna about which there is no disagreement among us.
  t which there is no disagreement among us.  +
• Yahya related to me from Malik that he had heard that Ali Ibn Abi Talib used to say that if a man said to his wife; You are haram for me; it counted as three pronouncements of divorce. Malik said; That is the best of what I have heard on the subject.  +
• Yahya related to me from Malik that he had heard that Abdullah Ibn Umar missed the two rakas of dawn; and then did them after the sun rose.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife; and then he bought her; and divorced her once. He said; She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her; she is not halal for him by the possession of the right hand until she has married another husband. Malik said that if a man rnarried a female slave and then she had a child by him; and then he bought her; she was not an umm walad for him because of the child born to him while she belonged to another; until she had had a child by him while she was in his possession after he had purchased her. Malik said; If he buys her and she is pregnant by him and she then gives birth while she belongs to him; she is his umm walad by that pregnancy; according to what we think; and Allah knows best.
  ng to what we think; and Allah knows best.  +
• Yahya related to me from Malik that he had heard that Abu Bakr and Umar used to do that.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that a man sneezed on the day of jumua while the imam was giving the khutba; and a man by his side asked Allah to bless him. Said Ibn AlMusayab was asked about it and he forbade the man to do what he had done and said; Dont do it again.
  at he had done and said; Dont do it again.  +
• Yahya related to me from Malik that he had heard that Jabir Ibn Abdullah used to pray in one garment.  +
• 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 one of his governors; It has been passed down to us that when the Messenger of Allah; may Allah bless him and grant him peace; sent out a raiding party; he would say to them; Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty; and do not act treacherously. Do not mutilate and do not kill children. Say the same to your armies and raiding parties; Allah willing. Peace be upon you.
  parties; Allah willing. Peace be upon you.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab and AIi Ibn Abi Talib and Abu Huraira were asked about a man who had intercourse with his wife while he was in ihram on hajj. They said; The two of them should carry on and complete their hajj. Then they must do hajj again in another year; and sacrifice an animal. Malik added that AIi Ibn Abi Talib said; When they then go into ihram for hajj in a future year they should keep apart until they have completed their hajj.
  part until they have completed their hajj.  +
• Yahya related to me from Malik that he had heard that Abdulrahman Ibn Awuf divorced his wife; and gave her compensation in the form of a slave-girl.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard Ibn Shihab say; The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth. Malik said; This is what is done among us.
  Malik said; This is what is done among us.  +
• Yahya related to me from Malik that he had heard that Ali Ibn Abi Talib said; Things that pass in front of a man praying do not break his prayer.  +
• Yahya related to me from Malik that he had …
  Yahya related to me from Malik that he had heard that Abdullah Ibn Umar and Abu Huraira were asked about a man who gave his wife power over herself; and she returned it to him without doing anything with it. They said that there was no divorce. i.e. The man giving his wife power over herself was not interpreted as a desire for divorce on his part.
  reted as a desire for divorce on his part.  +
• Yahya related to me from Malik that he hea …
  Yahya related to me from Malik that he heard Rabia Ibn Abi Abdulrahman say; I heard that the wife of Abdulrahman Ibn Awuf asked him to divorce her. He said; When you have menstruated and are pure; then come to me. She did not menstruate until Abdulrahman Ibn Awuf was ill. When she was purified; she told him and he divorced her irrevocably or made a pronouncement of divorce which was all that he had left over her Abd arRahman Ibn Awuf was terminally ill at the time; so Uthman Ibn Affan made her one of the heirs after the end of her idda.
  ne of the heirs after the end of her idda.  +