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Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Once when I was young I said to A'isha, umm al-muminin, 'Have you seen the saying of Allah, the Blessed and Exalted, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them," so it follows that there should be no harm for some one who does not go between them.' A'isha said, 'No. If it were as you say, there would be no harm in his not going between them. This ayat was only revealed about the Ansar. They used to make pilgrimage to Manat, and Manat was an idol near Qudayd, and they used to avoid going between Safa and Marwa, and when Islam came they asked the Messenger of Allah, may Allah bless him and grant him peace, about this and Allah, the Blessed and Exalted, revealed, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them." '
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"A Jew from among the Jews of Bani Zuraiq, whose name was Labid bin A'sam, cast a spell on the Prophet (saw), and the Prophet (saw) began to imagine that he had done something when he had not. One day, or one night, the Messenger of Allah (saw) supplicated, and then supplicated again. Then he said: 'O Aisha, do you know that Allah has instructed me concerning the matter I asked Him about? Two men came to me, and one of them sat at my head and the other at my feet. The one at my head said to the one at my feet, or the one at my feet said to the one at my head "what is ailing this man ?" He said: "He has been affected by a spell." He said: "Who cast the spell on him?" He said: "Labid bin A'sam." He said: "With what?" He said: "With a comb and the hairs stuck to it, and the spathe of a male date palm." He said: "Where is that?" He said: "In the well of Dhu Arwan." She said: "So the Prophet (saw) went to it, with a group of his Companions, then he came and said: 'By Allah. O Aisha. It was as if its water was infused with henna and its date palms were like the heads of devils.'" She said: "I said: 'O Messenger of Allah, why don't you burn them?' He said: 'As for me, Allah has healed me, and I do not like to let evil spread among the people.' Then he issued orders that the well be filled up with earth."
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Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away. Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit." Malik said, "That is the best of what I have heard."
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Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that al-Miqdad ibn al-Aswad once went to see Ali ibn Abi Talib at as-Suqya, where he was feeding some young camels of his with a mash of meal and leaves, and he said to him, "This man Uthman ibn Affan is telling people that they cannot do hajj and umrah together." Al-Miqdad said, "Ali ibn Abi Talib went off with bits of meal and leaves on his forearms - and I shall never forget the sight of the meal and the leaves on his arms - and went to see Uthman ibn Affan and asked him, 'Are you saying then that people cannot do hajj and umrah together?' Uthman replied, 'That is my opinion.' Whereupon Ali got angry and went out saying, 'I am at your service, O Allah, I am at your service for a hajj and an umrah together.' " Malik said, "Our position (here in Madina) is that someone who does hajj and umrah together should not remove any of his hair, nor should he come out of ihram in any way until he has sacrificed an animal, if he has one. He should come out of ihram at Mina, on the day of the sacrifice."
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Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "
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When Allah gave victory to His Apostle (SAW) over the people of Makkah, Allah's Apostle (SAW) stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Makkah and has given authority to His Apostle (SAW) and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-Abbas said, "Except Al-ldhkhir, for we use it in our graves and houses." Allah's Apostle (SAW) said, "Except Al-ldhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle (SAW)! Get it written for me." Allah's Apostle (SAW) said, "Write it for Abu Shah." (The sub-narrator asked Al-Auzai): What did he mean by saying, "Get it written, O Allah's Apostle (SAW)?" He replied, "The speech which he had heard from Allah's Apostle (SAW)."
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Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al-Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that. Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."
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"We were with the Messenger of Allah (saw) and a man came to him and said: 'I adjure you by Allah (SWT) to judge between us according to the Book of Allah (SWT).' His opponent, who was more knowledgeable than him, said: 'Judge between us according to the Book of Allah (SWT), but let me speak first.' He said: 'Speak.' He said: 'My son was a servant of this man, and he committed adultery with his wife, and I ransomed him for one hundred sheep and a servant. I asked some men of knowledge and I was told that my son should be given one hundred lashes and exiled for a year, and that the wife of this man should be stoned." The Messenger of Allah (saw) said: 'By the One in Whose Hand is my soul, I will judge between you according to the Book of Allah (SWT). The one hundred sheep and the servant are to be returned to you and your son is to be given one hundred lashes and exiled for a year. Go tomorrow, O Unais, to the wife of this man and if she admits I then stone her.'"
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Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, entered the mosque and found Abu Bakr as-Siddiq and Umar ibn al-Khattab there. He questioned them and they said, "Hunger has driven us out." The Messenger of Allah, may Allah bless him and grant him peace, said, "And hunger has brought me out." They went to Abu Haytham ibn at-Tayyihan al-Ansari. He ordered that some barley that was in the house be prepared and he got up to slaughter a sheep for them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave the one with milk." He slaughtered a sheep for them and brought them sweet water and it was hung on a palm tree. Then they were brought the food and ate it and drank the water. The Messenger of Allah, may Allah bless him and grant him peace, recited, "Then, on that day, you will be asked concerning pleasure." (Sura 102 ayat 8).
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"I sat with Kab bin Ujrah in the mosque and asked him about this Verse: 'He must pay a compensation of either fasting (three days) or giving charity (feeding six poor persons) or offering sacrifice (one sheep).' [2:196] Kab said: it was revealed concerning me. I had trouble with my head, so I was carried to the Messenger of Allah (saw), with lice crawling on my face. He said: 'I did not think that you were suffering as much as I see. Do you have a sheep?' I said: 'No.' Then this Verse was revealed: "He must pay a Fidyah (ransom) of either fasting (three days) or giving Sadaqah (charity - feeding six poor persons) or offering sacrifice (one sheep)." [2:196] He said: 'Fasting is three days, charity is to be given to six poor persons, giving each one half of a Sa' of food, and the sacrifice is a sheep.'"
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