Muwatta Malik

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily. If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women." Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it." Yahya said that Malik said, "This is the best I have heard on the matter."

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was." Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness." Yahya said that Malik said, "This is the best of what I have heard on the matter.''

Yahya ibn Yahya related to me from Ishaq ibn Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "O Allah! Bless them in their measure, and bless them in their sa and mudd." He meant the people of Madina.

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father that Abu Hurayra said, "When people saw the first fruits of the season, they brought them to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, took them and said, 'O Allah! Bless us in our fruits. Bless us in our city. Bless us in our sa and bless us in our mudd. O Allah! Ibrahim is Your slave, Your Khalil and Your Prophet. I am Your slave and Your Prophet. He prayed to You for Makka. I pray to You for Madina for the like of what He prayed to You for Makka, and the like of it with it.' Then he called the smallest child he saw and gave him the fruits."

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.' "

Yahya related to me from Malik from Muhammad ibn al-Munkadir from Jabir ibn Abdullah that a Bedouin took an oath of allegiance in Islam with the Messenger of Allah, may Allah bless him and grant him peace. A fever befell the Bedouin at Madina. He came to the Messenger of Allah, and said, "Messenger of Allah, release me from my pledge." The Messenger of Allah, may Allah bless him and grant him peace, refused. Then he came to him again and said, "Release me from my pledge." The Messenger of Allah may Allah bless him and grant him peace, refused. Then he came again and said, "Release me from my pledge." He refused. Then he came again and said, "Release me from my pledge." He refused. The Bedouin left and the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina is like the blacksmith's furnace. It removes the impurities and purifies the good."

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.' "

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 ."

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.' "

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."

Malik related to me that he had heard that when Umar ibn Abd al- Aziz left Madina, he turned towards it and wept. Then he said, "O Muzahim! Do you fear that we might be among those that Madina casts off?"

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."

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.' "

Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it. Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' "

Yahya related to me from Malik from a man who said, "Zayd ibn Thabit came across me while I was at al-Aswaf (on the outskirts of Madina). I had captured a hawk. He took it from my hands and set it free."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'" When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " ' A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

Malik said that Yahya ibn Said had related to him that A'isha said that Amir ibn Fuhayra had said at the time of the epidemic, "I have seen death before tasting it, the coward's destination is from above him."

Yahya related to me from Malik from Nuaym ibn Abdullah al-Mujmir that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'There are angels at the entries of Madina, and neither plague nor the Dajjal will enter it.' "

Yahya related to me from Malik from Ismail ibn Abi Hakim that he heard Umar ibn Abd al-Aziz say, "One of the last things that the Messenger of Allah, may Allah bless him and grant him peace, said was, 'May Allah fight the jews and the christians. They took the graves of their Prophets as places of prostration . Two deens shall not co-exist in the land of the Arabs.' "

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula." Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar." Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."