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Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each. Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood."
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Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam 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,' (Sura 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.' (Sura 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."
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Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that the Messenger of Allah, may Allah bless him and grant him peace, gave a man from the Banu Abd al-Ashal charge over some sadaqa. When he came to ask him for some camels from the sadaqa, the Messenger of Allah, may Allah bless him and grant him peace, was so angry that the anger showed in his face. One way in which anger could be recognised in his face was that his eyes became red. Then he said, "This man has asked me for what is not good for me or him. If I refuse it, I hate to refuse. If I give it to him, I will give him what is not good for me or him." The man said, "Messenger of Allah! I will never ask you for any of it!"
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Yahya related to me from Malik from Ubaydullah ibn Abd ar-Rahman that Ubayd ibn Hunayn, the mawla of the family of Zayd ibn al Khattab, said that he had heard Abu Hurayra say, "I was going along with the Messenger of Allah, may Allah bless him and grant him peace, when he heard a man reciting Surat al-Ikhlas (Sura 112). The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is obligatory,' and I asked him, 'What is, Messenger of Allah?' and he said, 'The Garden.' I wanted to tell the man the good news but I was afraid that I would miss the midday meal with the Messenger of Allah, may Allah bless him and grant him peace, and I preferred to eat with the Messenger of Allah, may Allah bless him and grant him peace. When I went to the man afterwards I found that he had gone."
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Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."
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Yahya related to me from Malik from Nafi that Abdullah ibn Umar divorced his wife while she was menstruating in the time of the Messenger of Allah, may Allah bless him and grant him peace, Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to take her back and keep her until she is purified and then has a period and then is purified. Then if he wishes, he can keep her, and if he wishes he should divorce her before he has intercourse with her. That is the idda which Allah has commanded for women who are divorced."
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Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that when the Messenger of Allah, may Allah bless him and grant him peace, went out to Khaybar, he arrived there at night, and when he came upon a people by night, he did not attack until morning. In the morning, the jews came out with their spades and baskets. When they saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The Messenger of Allah, may Allah bless him and grant him peace, said "Allah is greater! Khaybar is destroyed. When we come to a people, it is an evil morning for those who have been warned."
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Yahya said that Malik was asked what a man should do if, when he did wudu, he forgot and washed his face before he had rinsed his mouth, or washed his forearms before he had washed his face. He said, "If someone washes his face before rinsing his mouth, he should rinse his mouth and not wash his face again. If someone washes his forearms before his face, however, he should wash his forearms again so that he has washed them after his face. This is if he is still near the place (of wudu)."
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Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept."
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Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The day of Ashura was a day the Quraysh used to fast in the jahiliyya, and the Messenger of Allah, may Allah bless him and grant him peace, used also to fast it during the jahiliyya. Then when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina he fasted it and ordered that it be fasted. Then Ramadan was made obligatory, and that became the fard instead of Ashura, but whoever wanted to, fasted it, and whoever did not want to, did not fast it."
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