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Yahya related to me from Malik from Qatan ibn Wahb ibn Umayr ibn al-Ajda that Yuhannas, the mawla of az-Zubayr ibn al-Awwam informed him that he was sitting with Abdullah ibn Umar during the troubles (at the time of al-Hajaj ibn Yusuf) . A female mawla of his came and greeted him. She said, "I want to leave, Abu Abd ar-Rahman. The time is harsh for us." Abdullah ibn Umar said to her, "Sit down, O you with little knowledge, for I have heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one will be patient in hunger and hardship in it (Madina) except that I will be a witness or intercede for him on the Day of Rising.' "
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Malik related to me that Yahya ibn Said said, "I heard Abu'l-Hubab Said ibn Yasar say that he heard Abu Hurayra say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I was ordered to a town which will eat up towns. They used to say, 'Yathrib,' but it is Madina. It removes the bad people like the blacksmith's furnace removes impurities from the iron.' "
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Malik related to me from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one leaves Madina preferring to live elsewhere, but that Allah will give it better than him in place of him."
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Malik related to me from Hisham ibn Urwa from his father from Abdullah ibn az-Zubayr that Sufyan ibn Abi Zuhayr said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Yemen will be conquered and the people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Ash-Sham will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Iraq will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known.' "
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Yahya related to me from Malik from Daud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, "There are five camels for it." He said, "Marwan sent me back again to Abdullah ibn Abbas.'' He said, "Do you make front teeth like molars?" Abdullah ibn Abbas said, "It is enough that you take the fingers as the example for that, their blood-moneys being all the same." Yahya related to me from Malik from Hisham ibn Urwa that his father made all the teeth the same in the blood-money and did not prefer any kind over others. Malik said, "What is done in our community is that the front teeth, molars, and eye-teeth have the same blood-money. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The tooth has five camels.' The molar is one of the teeth and he did not prefer any kind over the others."
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Yahya related to me from Malik from Hisham ibn Urwa that his father said, "The tribe is not obliged to pay blood-money for intentional murder. They pay blood-money for accidental killing." Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood-money of an intentional killing unless they wish that." Yahya related to me from Malik from Yahya ibn Said the same as that. Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly." Malik said, "What is done in our community is that the blood-money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury." Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish." Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood-money, should follow it with what is accepted and pay him with good will." Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it." Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood-money or more, that is against him in his property. That is because the slave is a certain type of goods."
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Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa ibn Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said to him, "At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you." When Umar ibn al-Khattab came to him, he took thirty four-year-old camels, thirty five-year-old camels, and forty pregnant camels from them. Then he said, "Where is the brother of the slain man?" He said, "Here." He said, "Take them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'The killer gets nothing.' " Malik said that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one deal more harshly in taking the blood-money in the sacred month?" They said, "No. But it is increased in it because of violating the month." It was said to Said, "Does one increase for the wound as one increases for the life?" He said, "Yes." Malik added, "I think that they meant the same as what Umar ibn al-Khattab did with respect to the blood-money of the Mudliji when he struck his son." (i.e. giving 120 camels instead of 100).
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Yahya related to me from Malik from Ibn Himas from his paternal uncle from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina will be left in the best way that it is until a dog or wolf enters it and urinates on one of the pillars of the mosque or on the mimbar." They asked, "Messenger of Allah! Who will have the fruit at that time?" He replied, "Animals seeking food, birds and wild beasts."
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Yahya related to me from Malik from Amr, the mawla of al-Muttalib from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, saw Uhud and said, "This is a mountain which loves us and we love it. O Allah! Ibrahim made Makka Haram, and I will make what is between the two tracts of black stones (in Madina) a Haram."
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Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Abu Hurayra said, "Had I seen a gazelle at Madina, I would have left it to graze and would not have frightened it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'What is between the two tracts of black stones is a Haram.' "
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