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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 wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, 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 at-Tanim, (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. at-Tanim), or one which is further away."
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Yahya related to me from Malik, from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al-Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were muhrim, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, "It is food that Allah has fed you with."
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Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.
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Yahya related to me from Malik, from Ibn Shihab, from Ubaydullah ibn Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sab ibn Jaththama al-Laythi once gave a wild ass to the Messenger of Allah, may Allah bless him and grant him peace, while he was at al-Abwa, or Waddan, and the Messenger of Allah, may Allah bless him and grant him peace, gave it back to him. However, when the Messenger of Allah, may Allah bless him and grant him peace, saw the expression on the man's face he said, "We only gave it back to you because we are in ihram."
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Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat. Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf. Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary." Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."
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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, said, "There are five kinds of animal which it is not wrong for some one in ihram to kill: crows, kites, scorpions, rats and mice, and wild dogs."
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Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said,"There are five (kinds of) animal which it is not wrong for some one in ihram to kill: scorpions, rats and mice, crows, kites and wild dogs."
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Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are five trespassers that can be killed in the Haram: rats and mice, scorpions, crows, kites and wild dogs."
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Yahya related to me from Malik from Alqama ibn Abi Alqama that his mother said, "I heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, being asked whether some one in ihram could scratch their body or not, and she said, 'Yes, he can scratch it and do so as hard as he pleases. I would scratch even if my hands were tied and I could only use my feet.' "
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Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95). Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram." Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty." Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram."
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