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Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams. Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq." Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years. Malik said, "Three is the most preferable to me of what I have heard on that." Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."
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Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' " Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."
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Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift." He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it." Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing." Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."
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Yahya related to me from Malik from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman that Abu Said al-Khudri said, "The Messenger of Allah, may Allah bless him and grant him peace, used to do itikaf in the middle ten days of Ramadan. One year he was doing itikaf and then, when it came to the night of the twenty-first, which was the night before the morning when he would normally have finished his itikaf, he said, 'Whoever has done i'tikaf with me should continue doing itikaf for the last ten days. I saw a certain night and then I was made to forget it. I saw myself prostrating the following morning in water and clay. Look for it in the last ten days, and look for it on the odd days.' " Abu Said continued, "The sky poured with rain that night and the mosque had a roof (made of palm fronds) and the mosque was soaked. With my own eyes I saw the Messenger of Allah, may Allah bless him and grant him peace, leave with traces of water and clay on his forehead and nose, in the morning after the night of the twenty-first."
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Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep." Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."
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Yahya related to me from Malik from Abd ar-Rahman ibn Said from Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him and grant him peace, came back from Hunayn heading for al-Jiirrana, the people crowded around so much to question him that his she-camel backed into a tree, which became entangled in his cloak and pulled it off his back. The Messenger of Allah, may Allah bless him and grant him peace, said, "Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils. By He in whose hand my self is! Had Allah given you spoils equal to the number of acacia trees on the plain of Tihama, I would have distributed it among you. You will not find me to be miserly, cowardly, or a liar." Then the Messenger of Allah, may Allah bless him and grant him peace, got down and stood among the people, and said, "Hand over even the needle and thread, for stealing from the spoils is disgrace, fire, ignominy on the Day of Rising for people who do it." Then he took a bit of camel fluff or something from the ground and said, "By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one fifth, and the tax of one fifth is returned to you."
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Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or "You are abandoned", were considered as three pronouncements of divorce. Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible. Malik added, "That is the best of what I have heard about the matter."
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Yahya related to me from Malik from Ibn Shihab that Abu Bakr ibn Sulayman ibn Abi Hathma said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, prayed two rakas of one of the two day time prayers, dhuhr or asr, and said the taslim after two rakas. Dhush-Shamalayn said to him, 'Has the prayer been shortened, Messenger of Allah, or have you forgotten?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The prayer has not been shortened and I have not forgotten.' Dhush-Shamalayn said, 'It was certainly one of those, Messenger of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, approached the people and said, 'Has Dhush-Shamalayn spoken the truth?' They said, 'Yes, Messenger of Allah,' and the Messenger of Allah, may Allah bless him and grant him peace, completed what remained of the prayer, and then said, 'Peace be upon you.' "
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Yahya related to me from Malik from Umar ibn Husayn, the mawla of Aisha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick. Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it." Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that." Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."
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Yahya related to me from Malik that the best of what he had heard about horses, mules, and donkeys was that they were not eaten because Allah, the Blessed, the Exalted,said, "And horses, and mules and asses, for you to ride, and as an adornment. " (Sura 16 ayat 8) . He said, may He be Blessed and Exalted, "In cattle, some of them you ride, and some of them you eat." (Sura 6 ayat 79). He said, the Blessed, the Exalted, "Mention Allah's name over what He has provided you of cattle, and eat of them and feed the beggar (al-qani) and the suppliant (al-mutarr). (Sura 22 ayat 34). Malik said "Allah mentioned horses, mules, and donkeys for riding and adornment, and He mentioned cattle for riding and eating." Malik said, "Al-qani also means the poor."
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