Muwatta Malik

Yahya related to me from Malik from Zayd ibn Aslam that a man came to Umar ibn al-Khattab and said, "Amir al-muminin, I killed some locusts with my whip when I was in ihram," and Umar said to him, "Give a handful of food."

Yahya related to me from Malik from Yahya ibn Said that a man came to Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. Umar said to Kab, "Come, let's decide." Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A date is better than a locust."

Yahya related to me from Malik from Abd al-Karim ibn Malik al- Jazari from Abd ar-Rahman ibn Abi Layla from Kab ibn Ujra that one time he was with the Messenger of Allah, may Allah bless him and grant him peace, in ihram, and he was suffering from lice on his head. The Messenger of Allah, may Allah bless him and grant him peace, told him to shave his head, saying, "Fast three days, or feed six poor people, two mudds for each person, or sacrifice a sheep. If you do any of those it will be enough for you."

Yahya related to me from Malik from Humayd bin Qays from Mujahid Abu'l Hajjaj from Ibn Abi Layla from Kab ibn Ujra that the Messenger of Allah, may Allah bless him and grant him peace, said to him, "Perhaps your pests are troubling you?" He replied that indeed they were, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Shave your head and fast three days or feed six poor men or sacrifice a sheep."

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'" Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town." Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. " Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Said ibn Jubayr that Abdullah ibn Abbas said, "If someone forgets anything of the rituals or omits them intentionally, he must slaughter an animal." Ayyub added "I do not know if he said 'Omits' or 'forgets'." Malik said, "If it is a hady that has to be slaughtered it may only be done in Makka, but if it is a sacrifice, it may be slaughtered wherever the one who owes the sacrifice prefers."

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them." Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace." Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' " Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months." Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women." Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! " Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

Yahya related to me from Malik from Ibn Shihab from clsa ibn Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for the people at Mina, and they questioned him and a man came and said to him, 'Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't worry.' Then another came to him and said 'Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.' He advised, 'Throw, and don't worry.' " Amr continued, saying that the Messenger of Allah, may Allah bless him and grant him peace, was not asked about anything done before or after without his saying, "Do it, and don't worry."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when the Messenger of Allah, may Allah bless him and grant him peace, returned from a military expedition or a hajj or an umra, he used to say three takbirs on every elevated part of the land, and then he used to say, "There is no god but Allah, alone, without partner. To Him belongs the Kingdom and to Him belongs the praise and He has power over everything. Returning, making tawba, serving, prostrating, praising our Lord. Allah has promised truly and given His slave victory and defeated the tribes alone."

Yahya related to me from Malik from Ibrahim ibn Uqba from Kurayb the mawla of Abdullah ibn Abbas from Ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, passed a woman in a litter and it was said to her, "This is the Messenger of Allah, may Allah bless him and grant him peace," and she took the forearms of a young boy who was with her and said, "Does this one have a hajj, Messenger of Allah?" and he said, "Yes, and you have a reward."

Yahya related to me from Malik from Ibrahim ibn Abi Abla from Talha ibn Ubaydullah ibn Kariyz that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shaytan is not considered more abased or more cast out or more contemptible or more angry on any day than on the Day of Arafa. That is only because he sees the descent of the Mercy and Allah's disregard for great wrong actions. That is except from what he was shown on the Day of Badr." Someone said, "What was he shown on the Day of Badr, Messenger of Allah?" He said, "Didn't he see Jibril arranging the ranks of the angels?"

Yahya related to me from Malik from Zihad ibn Abi Ziyad the mawla of Abdullah ibn Ayyash ibn Abi Rabia from Talha ibn Ubaydullah ibn Kariyz that the Messenger of Allah, may Allah bless him and grant him peace, said, "The most excellent dua is the dua on the Day of Arafa, and the best of what I and the prophets before me have said, is 'There is no god but Allah, alone, without partner.'"

Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, entered Makka, in the Year of Victory, wearing a helmet, and when he took it off a man came to him and said, "Messenger of Allah, Ibn Khatal is clinging to the covers of the Kaba,'' and the Messenger of Allah, may Allah bless him and grant him peace, said, "Kill him." Malik commented, "The Messenger of Allah, may Allah bless him and grant him peace, was not in ihram at the time, and Allah knows best."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar was coming from Makka and when he was at Qudayd, news came to him from Madina and he returned and entered Makka without ihram. Yahya related the same as that to me from Malik from Ibn Shihab.

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala ad-Dili from Muhammad ibn lmran al-Ansari that his father said that Abdullah ibn Umar came upon him while he stopped for a rest under a tall tree on the road to Makka, and he said, "What has made you stop under this tall tree?" He replied that he sought it's shade. Abdullah ibn Umar said, "Anything besides that?" and he said, "No, that was the only. reason he stopped for a rest," and Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are between al-Akhshabayn (which are two mountains) near Mina,' indicating the east with his outspread hand, 'you will find a valley called as-Surar with a tree in it beneath which the umbilical cords of seventy prophets have been cut.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Ibn Abi Mulayka that Umar ibn al-Khattab passed a leprous woman doing tawaf of the House, and he said to her, "Slave of Allah, do not make people uneasy. Better that you stay in your house," so she did so. A man passed by her after that and said to her, "The one who forbade you has died, so come out," and she replied, "I am not going to obey him when he is alive and disobey him when he is dead."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say that the area between the corner of the Black Stone and the door of the Kaba was called al-Multazam.

Yahya related to me from Malik that Yahya ibn Said heard Muhammad ibn Yahya ibn Habban mentioning that a certain man passed Abu Dharr at ar-Rabadha (which was about 30 miles from Madina) and Abu Dharr asked him, "Where are you heading to?" and he replied, "I am intending to do hajj." Abu Dharr questioned, "Has anything else brought you out?" and he said, "No," so Abu Dharr said "Resume what you are doing wholeheartedly." The man related, "I went on till I came to Makka and I stayed as long as Allah willed. Suddenly, one time, I was with a crowd of people thronging about a man and I pushed through the people to him and it was the old man that I had come across at ar- Rabadha. When he saw me, he recognized me and said, 'Ah, you have done what I told you.' "

Yahya related to me from Malik that he asked Ibn Shihab about making a condition in the hajj that one could leave ihram at any place where an obstacle befell one and he said, "Does anyone do that?' and disapproved of it. Malik was asked whether a man could cut plants from the Haram for his mount, and he said, "No."

Malik said, concerning a woman who had never been on hajj, "If she doesn't have a mahram, or if she has, but he cannot come with her, she does not abandon Allah's making of the hajj obligatory for her. Let her go in a group of women."