21.1 Stimulation of Desire for Jihad
1 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Someone who does jihad in the way of Aihad in the way of Allah is like someone who fasts and prays constantly and does not slacken from his prayer and fasting until he returns."
[cf Bukhari 2632]
2 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah guarantees either the Garden or a safe return to his home with whatever he has obtained of reward or booty for the one who does jihad in His way, if it is solely jihad and trust in His promise that brings him out of his house."
[cf Bukhari 2635]
3 Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, a protection for another, a burden for another. The one for whom they are a reward is the one who dedicates them for use in the way of Allah, and tethers them in a meadow or grassland. Whatever the horse enjoys of the grassland or meadow in the length of its tether are good deeds for him. If it breaks its tether and goes over a hillock or two, its tracks and droppings are good deeds for him. If it crosses a river and drinks from it while he did not mean to allow it to drink it, that counts as good deeds for him, and the horse is a reward for him. Another man uses his horse to gain self reliance and upstandingness and does not forget Allah's right on their necks and backs. Horses are a protection for him. Another man uses them out of pride to show them off and in hostility to the people of Islam. They are a burden on that man."
The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys, and he said, "Nothing has been revealed to me about them except this single all-inclusive ayat, 'Whoever does an atom of good will see it, and whoever does an atom of evil will see it' (99:7-8).
[cf Bukhari 2705]
4 Yahya related to me from 'Abdullah ibn 'Abd ar-Rahman ibn Ma'mar al-Ansari that 'Ata' ibn Yasar said that the Messenger of Allah, may Allah bless him and grant him peace, "Shall I tell you who has the best degree among people? A man who takes the rein of his horse to do jihad in the way of Allah. Shall I tell you who has the best degree among people after him? A man who lives alone with a few sheep, performs the prayer, pays the zakat, and worships Allah without associating anything with Him."
[In at-Tirmidhi and an-Nasa'i]
5 Yahya related to me from Malik that Yahya ibn Sa'id said, "'Ubayda ibn al-Walid ibn 'Ubada ibn as-Samit informed me from his father that his grandfather ('Ubada) said, 'We made a contract with the Messenger of Allah, may Allah bless him and grant him peace, to hear and obey in ease and hardship, enthusiasm and reluctance, and not to dispute with people in authority and to speak to establish the truth wherever we were without worrying about criticism.' "
[In Bukhari and Muslim]
6 Yahya related to me from Malik that Zayd ibn Aslam had said that 'Ubayda ibn al-Jarrah had written to 'Umar ibn al-Khattab mentioning to him a great array of Byzantine troops and the anxiety they were causing him.'Umar ibn al-Khattab wrote in reply to him, "Whatever hardship befalls a believing slave, Allah will make an opening for him after it, and a hardship will not overcome two eases. Allah the Exalted says in His Book, 'O you who believe! Be steadfast; be supreme in steadfastness; be firm on the battlefield; and show fear of Allah – so that perhaps you will be successful' (3:200)."
21.2 Prohibition against Travelling with the Qur'an in Enemy Territory
7 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said that the Messenger of Allah, may Allah bless him and grant him peace, forbade travelling with a Qur'an in the land of the enemy. Malik commented, "That is out of fear that the enemy will get hold of it."
[cf Bukhari 2828]
21.3 The Prohibition against Killing Women and Children in Military Expeditions
8 Yahya related to me from Malik from Ibn Shihab that a son of Ka'b ibn Malik (Malik ibn Ka'b) said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade those who fought Ibn Abi Huqayq (a treacherous Jew from Madina) to kill women and children. He said that one of the men fighting reported that the wife of Ibn Abi Huqayq began screaming and he repeatedly raised his sword against her. Then he would remember the prohibition of the Messenger of Allah, may Allah bless him and grant him peace, so he would stop. Had it not been for that, we would have been rid of her."
9 Yahya related to me from Malik from Nafi' from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, saw the corpse of a woman who had been slain in one of the raids, and he disapproved of it and forbade the killing of women and children.
[cf Bukhari 2852]
10 Yahya related to me from Malik from Yahya ibn Sa'id that Abu Bakr as-Siddiq was sending armies to Syria. He went for a walk with Yazid ibn Abi Sufyan who was the commander of one of the battalions. It is claimed that Yazid said to Abu Bakr, "Will you ride or shall I get down?" Abu Bakr said, "I will not ride and you will not get down. I intend these steps of mine to be in the way of Allah." Then Abu Bakr advised Yazid, "You will find a people who claim to have totally given themselves to Allah. Leave them to what they claim to have given themselves. You will find a people who have shaved the middle of their heads, strike what they haave shaved with the sword.
"I advise you ten things, Do not kill women or children or an aged, infirm person. Do not cut down fruit-bearing trees. Do not destroy an inhabited place. Do not slaughter sheep or camels except for food. Do not burn bees and do not scatter them. Do not steal from the booty, and do not be cowardly."
11 Yahya related to me from Malik that he had heard that 'Umar ibn 'Abd al-'Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not the mutiliate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."
[In Muslim]
21.4 Fulfilling Safe Conduct
12 Yahya related to me from Malik from a man of Kufa that 'Umar ibn al-Khattab wrote to a commander of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."
Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so it is not acted upon."
Malik, when asked whether safe conduct promised by a gesture had the same status as that promised by speech, said, 'Yes, I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that 'Abdullah ibn 'Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.'"
21.5 Giving in the Way of Allah
13 Yahya related to me from Malik from Nafi' that when 'Abdullah ibn 'Umar gave something in the way of Allah, he would say to its owner, "When you reach Wadi'l-Qura (on the outskirts of Madina) then it is your affair."
14 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab used to say, "When a man is given something for a military expedition, and he brings it to the battlefield, it is his."
Malik was asked about a man who pledged himself to go on a military campaign, equipped himself, and when he wanted to go out, one or both of his parents forbade him to go. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed for a military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."
21.6 Booty from War in General
15 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, sent a raiding party which included 'Abdullah ibn 'Umar near Najd. They plundered many camels and their portions were twelve or eleven camels each. They divided it up camel by camel.
[In Bukhari and Muslim]
16 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."
[cf Bukhari 2356]
Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only divided among free men who have been present at the battle."
21.7 Things on Which the Tax of One-Fifth (Khums) is Not Obligatory
Malik said about enemy soldiers who were found on the seashore of a Muslim land and claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that nor that their ships had been damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the ruler to give his opinion about them, and I do not think that the tax of one-fifth is taken from them."
21.8 What It is Permissible for the Muslims to Eat Before the Spoils are Divided
Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."
Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the divisions and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."
Malik was asked whether it was proper for a man who had obtained food in enemy territory and had eaten some of it and stocked up some of it as provision and some of it was left over - was it correct for him to keep it and then eat it with his family, or to sell before he had come to his country and make use of its price? He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small amount."
21.9 Returning Enemy Plunder to the Owner Before the Division of the Spoils
17 Yahya related to me from Malik that it reached him that a slave of 'Abdullah ibn 'Umar escaped and one of his horses wandered off, and the idolworshippers seized them. Then the Muslims re-captured them, and they were returned to 'Abdullah ibn 'Umar, before the division of the spoils took place.
[cf Bukhari 2902]
I heard Malik say about Muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to its owner. Whatever has already been distributed is not returned to anyone."
Malik, when asked about a man whose young male slave was taken by the idolaters and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place, then I think that the slave belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by the idolaters and then re-captured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution. Malik said, "She is not to be enslaved. I think that the ruler should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her nor is it halal for him to have intercourse with her. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He should not leave an umm walad of his to be made a slave and intercourse with her to be made halal."
Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he brought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who brought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he does nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."
21.10 Stripping the Slain of their Personal Effects in the Booty
18 Yahya related to me from Malik from Yahya ibn Sa'id from 'Amr ibn Kathir in Aflah from Abu Muhammad, the mawla of Abu Qatada, that Abu Qatada ibn Rib'i said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idolaters who had got the better of one of the Muslims, so I circled round and came up behind him and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."
He continued, "I met 'Umar ibn al-Khattab and said to him, "What's going on with the people?' He replied, 'The Command of Allah.' Then the people returned from the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement for a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight forr Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was the first property, I had acquired it since becoming Muslim."
[In Muslim]
19 Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking Ibn 'Abbas about booty. Ibn 'Abbas said, "Horses are part of the booty and personal effects are as well."
Then the man repeated his question, and Ibn 'Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentions in His Book?" He kept on asking until Ibn 'Abbas was on the verge of getting annoyed, then Ibn 'Abbas said, "Do you know who this man is like? He is like Ibn Sabigh, who was beaten ibn al-Khattab because he was notorious for asking foolish questions."
Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the ruler. He said, "No one can do that without the permission of the ruler. Only the ruler can exercise ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."
21.11 Awarding Bonuses from the Tax of One Fifth (Khums)
20 Yahya related to me from Malik from Abu'z-Zinad that Sa'id ibn al-Musayyab said, "People used to be given bonuses from the khums."
Malik said, "That is the best of what I have heard on the matter."
Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the discretion (ijtihad) of the ruler. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the discretion of the ruler whether they are taken from the first of the spoils or what is after it."
21.12 The Share of the Spoils Allotted to Cavalry in Military Expeditions
21 Yahya related to me that Malik said that he had heard the 'Umar ibn 'Abd al-'Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."
[cf Bukhari ]
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."
Malik said, "I think that working horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, says in His Book, 'And horses, mules and donkeys both to ride and for adornment.' (16:8) He said, the Mighty, the Majestic, 'Arm yourselves against them with all the firepower and cavalry you can muster, to terrify the enemies of Allah and your enemies.' (8:60) I think that working breeds and half-breeds are considered as horses if the governor accepts them."
Sa'id ibn al-Musayyab was asked about work-horses and whether there was zakat on them. He said, "Is there any zakat on horses?"
21.13 Stealing from the Spoils
22 Yahya related to me from Malik from 'Abd ar-Rahman ibn Sa'id from 'Amr ibn Shu'ayb that when the Messenger of Allah, may Allah bless him and grant him peace, came back from Hunayn heading for al-Ji'rana, 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 as spoils as many camels as there are acacia trees in 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 (khums), and the tax of one-fifth is returned to you."
[In an-Nasa'i]
23 Yahya related to me from Malik from Yahya ibn Sa'id from Muhammad ibn Yahya ibn Habban from Ibn Abi 'Amra that Zayd ibn Khalid al-Juhani said, "A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "Your companion stole from the spoils taken in the way of Allah." Zayd said, "So we opened up his baggage and found some Jews' beads worth about two dirhams."
[In Abu Dawud, an-Nasa'i and Ibn Majah]
24 Yahya related to me from Malik from Yahya ibn Sa'id from 'Abdullah ibn al-Mughira ibn Abi Burda al-Kinani that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, came to the people in their tribes and made du'a' for them, but left out one of the tribes. 'Abdullah related, "The tribe found an onyx necklace stolen from the booty in the saddle-bags of one of their men. The Messenger bless him and grant him peace, came to them, and then did the takbir over them as one does the takbir over of Allah, may Allah bless him and grant him peace, came to them, and then did the takbir over them as one does the takbir over the dead."
25 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti' that Abu Hurayra said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Khaybar. We did not capture any gold or silver except for personal effects, clothes, and household goods. Rifa'a ibn Zayd gave a black slave boy called Mid'am 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, made for Wadi'l-Qura. After he arrived there, Mid'am was struck and killed by a stray arrow while unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace. The people said, 'Good luck to him! The Garden!'
The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap - or two sandal-straps - 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, said, 'A sandal-strap - or two sandal-straps - of fire!' "
[In Bukhari and Muslim]
26 Yahya related to me from Malik from Yahya ibn Sa'id that he had heard that 'Abdullah ibn 'Abbas said, "Stealing from the spoils does not appear in a people but that terror is cast into their hearts. Fornication does not spread in a people but that there is much death among them. A people do not lessen the measure and weight but that provision is cut off from them. A people do not judge without right but that blood spreads among them. A people do not betray the pledge but that Allah gives their enemies power over them."
21.14 The Martyrs in the Way of Allah
27 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By He in whose hand my self is! I would like to fight in the way of Allah and be killed, then brought to life again so I could be killed, and then brought to life again so I could be killed."
Abu Hurayra said three times, "I testify to it by Allah!"
[In Bukhari and Muslim]
28 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah laughs at two men. One of them kills the other, but each of them will enter the Garden; one fights in the way of Allah and is killed, then Allah turns (in forgiveness) to the killer, so he fights (in the way of Allah) and also becomes a martyr."
[cf Bukhari 2671]
29 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By He in whose hand my self is! None of you is wounded in the way of Allah - and Allah knows best who is wounded in His way, but that when the Day of Rising comes, blood will gush forth from his wound. It will be the colour of blood, but its scent will be that of musk."
[cf Bukhari 2649]
30 Yahya related to me from Malik from Zayd ibn Aslam that 'Umar ibn al-Khattab used to say, "O Allah! Do not let me be slain by the hand of a man who has prayed a single prostration to You with which he will dispute with me before You on the Day of Rising!"
31 Yahya related to me from Malik from Yahya ibn Sa'id from Sa'id al-Maqburi from 'Abdullah ibn Abi Qatada that his father said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expecting the reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or sent an order to him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for debts. Jibril said that to me."
[In Muslim]
32 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said over the martyrs of Uhud, "I testify for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are we not their brothers? We entered Islam as they entered Islam and we did jihad as they did jihad." The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes, but I do not know what you will do after me." Abu Bakr wept profusely and said, "Are we really going to out-live you!"
33 Yahya related to me from Malik that Yahya ibn Sa'id said, "The Messenger of Allah, may Allah bless him and grant him peace, was sitting by a grave which was being dug at Madina. A man looked into the grave and said, 'An awful bed for the believer.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Evil? What you have said is absolutely wrong.'
The man said, 'I didn't mean that, Messenger of Allah. I meant being killed in the way of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Being killed in the way of Allah has no like! There is no place on the earth where grave to be than here (meaning Madina).' He repeated it three times."
21.15 Things in which Martyrdom Lies
34 Yahya related to me from Malik from Zayd ibn Aslam that 'Umar ibn al-Khattab used to say, "O Allah! I ask You for martyrdom in Your way and death in the city of Your Messenger!"
[cf Bukhari 1791]
35 Yahya related to me from Malik from Yahya ibn Sa'id that 'Umar ibn al-Khattab said, "The nobility of the believer is his taqwa. His deen is his noble descent. His manliness is his good character. Boldness and cowardice are but instincts which Allah places wherever He wills. The coward shrinks from defending even his father and mother, and the bold one fights for the sake of the combat not for the spoils. Being slain is but one way of meeting death, and the martyr is the one who gives himself, expectant of reward from Allah."
21.16 How to Wash the Martyr
36 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that 'Umar ibn al-Khattab was washed and shrouded and prayed over, yet he was a martyr, may Allah have mercy on him.
37 Yahya related to me from Malik that he had heard the people of knowledge say that martyrs in the way of Allah were not washed, nor were any of them prayed over. They were buried in the garments in which they were slain.
Malik said, "This is the sunna for someone who is killed on the battleground and is not reached until he is already dead. Someone who is carried off and lives for as long as Allah wills after it, is washed and prayed over as was 'Umar ibn al-Khattab."
21.17 What is Disliked to be Done with Something Given in the Way of Allah
38 Yahya related to me from Malik from Yahya ibn Sa'id that 'Umar ibn al-Khattab in one year gave 40,000 camels as war-mounts. Sometimes he would give one man a camel to himself. Sometimes he would give one camel between two men to take them to Iraq. A man from Iraq came to him and said, "Give me and Suhaym a mount." 'Umar ibn al-Khattab said to him, "I ask you by Allah, is suhaym a water-skin?" He answered, "Yes."
21.18 Stimulation of Desire for Jihad
39 Yahya related to me from Malik from Ishaq ibn 'Abdullah ibn Abi Talha that Anas ibn Malik had said that when the Messenger of Allah, may Allah bless him and grant him peace, arrived at Quba, he visited Umm Haram bint Milhan and she fed him. Umm Haram was the wife of 'Ubada ibn as-Samit. One day the Messenger of Allah, may Allah bless him and grant him peace, had called on her and she had fed him, and sat down to delouse his hair. The Messenger of Allah, may Allah bless him and grant him peace, had dozed and woke up smiling. Umm Haram said, "What is making you smile, Messenger of Allah?" He said, "Some of my community were presented to me, riding in the way of Allah. They were riding in the middle of the sea, kings on thrones, or like kings on thrones." (Ishaq was not sure). She said, "O Messenger of Allah! Ask Allah to put me among them!" So he made a du'a' for her, and put his head down and slept. Then he had woken up smiling, and she said to him, "Messenger of Allah, why are you smiling?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were kings on thrones or like kings on thrones," as he had said the first time. She said, "O Messenger of Allah! Ask Allah to let me be among them!" He said, "You are among the first."
Ishaq added, "She travelled on the sea in the time of Mu'awiya, and when she landed, she was thrown from her mount and killed."
[cf Bukhari 2636]
40 Yahya related to me from Malik from Yahya ibn Sa'id from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Had I not been concerned for my community, I would have liked never to stay behind a raiding party going out in the way of Allah. However, I do not have the means to carry them to it, nor can they find for themselves anything on which to ride out and it is grievous for them to have to stay behind from me. I would like to fight in the way of Allah and then be killed, then brought back to life so that I could be killed and then brought back to life so that I could be killed."
[cf Bukhari 2636]
41 Yahya related to me from Malik that Yahya ibn Sa'id said, "On the Day of Uhud, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Who will bring me news of Sa'id ibn ar-Rabi' al-Ansari?' A man said, 'Me, Messenger of Allah!' So the man went around among the slain, and Sa'id ibn ar-Rabi' said to him, 'What are you doing?' The man said to him, 'The Messenger of Allah, may Allah bless him and grant him peace, sent me to bring him news of you.' He said, 'Go to him, and give him my greetings, and tell him that I have been stabbed twelve times, and am mortally wounded. Tell your people that they will have no excuse with Allah if the Messenger of Allah, may Allah bless him and grant him peace, is slain while one of them is still alive.' "
42 Yahya related to me from Malik from Yahya ibn Sa'id that the Messenger of Allah, may Allah bless him and grant him peace, wstimulated people to do jihad and mentioned the Garden. One of the Ansar was eating some dates he had in his hand, him peace, was stimulating people to do jihad, mentioning the Garden. One of the Ansar was eating some dates he had in his hand, and said, "Am I so desirous of this world that I should sit until I finish them?" He threw aside what was in his hand and took his sword and fought until he was slain.
[In Bukhari and Muslim]
43 Yahya related to me from Malik from Yahya ibn Sa'id that Mu'adh ibn Jabal said, "There are two types of military expeditions. There is one military expedition in which valuables are spent, things are made easy for a fellow, authorities are obeyed, and corruption is avoided. That military expedition is all good. There is a military expedition in which valuables are not spent, things are not made easy, the authorities are not obeyed, and corruption is not avoided. The one who fights in that military expedition does not return with any reward."
[Abu Dawud and an-Nasa'i]
21.19 Horses and Racing Them and Financing in Military Expeditions
44 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, "Blessing is in the forelocks of horses until the Day of Rising."
[cf Bukhari 2694]
45 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, held a race between horses which had been made lean by training, from al-Hafya to Thaniyatu'l-Wada. He held a race between horses which had not been made lean from the Thaniya (a mountain pass near Madina) to the mosque of the Banu Zurayq. 'Abdullah ibn 'Umar was among those who raced them.
[cf Bukhari 410]
46 Yahya related to me from Malik that Yahya ibn Sa'id heard Sa'id ibn al-Musayyab say, "There is no harm in placing stakes on horses if a third horse enters the race. The winner takes the stake, and the loser has no liability."
47 Yahya related to me from Malik from Yahya ibn Sa'id that the Messenger of Allah, may Allah bless him and grant him peace, was seen wiping the face of his horse with his cloak. He was questioned about it and said, "I was reproached in the night about horses," i.e. not taking care of them.
[mursal]
48 Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that when the Messenger of Allah, may Allah bless him and grant him peace, went out to Khaybar, he arrived there at night, and when he came upon a people by night, he did not attack until morning. In the morning, the Jews came out with their spades and baskets. When they saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The Messenger of Allah, may Allah bless him and grant him peace, said, "Allah is greater! Khaybar is destroyed. When we come to a people, it is an evil morning for those who have been warned."
[cf Bukhari 2785]
49 Yahya related to me from Malik from Ibn Shihab from Humayd ibn 'Abd ar-Rahman ibn 'Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words, 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well-watered (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them."
[cf Bukhari 1798]
21.20 Acquisition of the Land of Dhimmis who Surrender
Malik was asked whether he thought that when an imam had accepted jizya from a people and they gave it, the land of any of those who surrendered belonged to the Muslims. Malik said, "That varies. As for the people who make a treaty - those of them who surrenders are entitled to their land and property. As for the people of force who are taken by force - if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and this becomes booty for the Muslims. As for the people with atreaty, their property and lives are protected by the treaty they made. Only whnly whims. As for the people of peace, their property and lives are protected by them making peace for them. Only whthe terms of the treaty are demanded of them."
21.21 Burial in One Grave by Necessity and Abu Bakr's Carrying Out the Promise of the Messenger of Allah After the Death of the Messenger
50 Yahya related to me from Malik from 'Abd ar-Rahman ibn Abi Sa'sa'a that he had heard that 'Amr ibn al-Jamuh al-Ansari and 'Abdullah ibn 'Umar al-Ansari, both of the tribe of Banu Salama, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, having been among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had only died the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.
Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put nearest to the qibla."
51 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman said, "Property was sent to Abu Bakr as-Siddiq from Bahrain. He said, 'If someone had a promise or a pledge with the Messenger of Allah, may Allah bless him and grant him peace, let him come to me.' So Jabir ibn 'Abdullah came to him, and he gave him three cupped handfuls."
[cf Bukhari 2174]
22.1 Fulfilling Vows to Walk
1 Yahya related to me from Malik from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn 'Utba ibn Mas'ud from 'Abdullah ibn 'Abbas that Sa'd ibn 'Ubada questioned the Messenger of Allah, may Allah bless him may Allah bless him and grant him peace, and said, "My mother died while she still had a vow which she had not fulfilled." The Messenger of Allah, may Allah bless him and grant him peace, said, "Fulfil it for her."
[Bukhari and Muslim]
2 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr that his paternal aunt related that her grandmother made a vow to walk to the Quba mosque. She died and did not fulfil it, so 'Abdullah ibn 'Abbas asked her daughter to walk for her.
Yahya said that he had heard Malik say, "No one can walk for anyone else."
3 Yahya related to me from Malik that 'Abdullah ibn Abi Habiba said, "I said to a man when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.'
A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand, 'and you will say, "I must walk to the House of Allah?" ' I said, 'Yes,' and I said it, for at that time I was still immature. Then, when I came of age, someone told me that I had to fulfil my vow. I went and asked Sa'id ibn al-Musayyab about it, and he said to me, 'You must walk.' So I walked."
Malik said, "That is the custom among us."
22.2 Making Vows to Walk to the House and Not Succeeding
4 Yahya related to me from Malik that 'Urwa ibn 'Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question 'Abdullah ibn 'Umar and went with him. He asked 'Abdullah ibn 'Umar, and 'Abdullah ibn 'Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from where she was unable to go on.' "
Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."
Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab and Abu Salama ibn 'Abd ar-Rahman both said the same as 'Abdullah ibn 'Umar.
5 Yahya related to me from Malik that Yahya ibn Sa'id said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned 'Ata' ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the scholars there, and they told me to walk again from the place from which I was unable to go on. So I walked."
Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can manage."
Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulders, by which he means hardship and exhaustion to himself, and does not have to do that, let him walk by foot after a sacrifice. If he did not intend anything, let him ride to hajj, and take the man with him. That is because he said, 'I will carry you to the House of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is revoked."
Yahya said that Malik was asked whether it is enough for a man who has made a vow that he will walk to the House of Allah a certain (large) number of times, or who has forbidden himself from talking to his father and brother, if he does not fulfil a certain vow, and he had taken upon himself, by the oath, something which he is incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction I know for that is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."
22.3 How to Fulfill the Oath of Walking to the Ka'ba
Yahya related to me from Malik that what he preferred of what he had heard from the people of knowledge about a man or woman who vowed to walk to the House of Allah, was that they fulfilled the oath when performing 'umra, by walking until they had done sa'y between Safa and Marwa. When they had done sa'y it was finished. If they vowed to perform the hajj on foot, they walked until they came to Makka, then they walked until they had finished all the rites.
Malik said, "Walking is only for hajj or 'umra."
22.4 Vows Not Permitted in Disobedience to Allah
6 Yahya related to me from Malik from that Humayd ibn Qays and Thawr ibn Zayd ad-Dili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other), saw a man standing in the sun. The Messenger asked, "What is wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit, and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."
[mursal. Also in al-Bukhari]
Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."
7 Yahya related to me from Malik from Yahya ibn Sa'id that he heard al-Qasim ibn Muhammad say, "A woman came to 'Abdullah ibn 'Abbas and said, 'I have vowed to sacrifice my son.' Ibn 'Abbas said, 'Do not sacrifice your son. Do kaffara for your oath.' An old man with Ibn 'Abbas said, 'What kaffara is there for this?' Ibn 'Abbas said, 'Allah the Exalted says, "Those of you who say, regarding their wives. 'Be as my mother's back'" (58:2) and then He went on to oblige the kaffara for it as you have seen.'"
8 Yahya related to me from Malik from Talha ibn Abi al-Malik al-Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from 'A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."
[In Bukhari]
Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, aror any other such th for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, ar-Rabadha, or any other such things which are not considered as 'ibada, is not under any obligation by any of that, even if he were to speak to the man or to break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfil those things in which there is obedience to Allah."
22.5 Inadvertance in Oaths
9 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that 'A'isha, Umm al-Muminin, said, "Inadvertance in oaths is that a man says, 'By Allah! No, by Allah!' " i.e. out of habit.
Malik said, "The best of what I have heard on the matter is that inadvertant oaths is when a man takes an oath on something which he feels certain is like he said, only to find that it is other than what he said. This is rashness."
Malik said, "The binding oath is, for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One owes kaffara for making such an oath, and there is no kaffara in rashness."
Malik said, "As for the one who makes an oath about something, knowing that he is acting wrongly, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."
22.6 Oaths for which Kaffara is Not Obligatory
10 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."
Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no such reservations."
Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then broke his oath, owed no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not do that again - but what he did was evil."
22.7 Oaths for Which Kaffara is Obligatory
11 Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."
Yahya said that he heard Malik say, "Anyone who makes the form of a vow and then does not mention anything specific is still obliged to make the kaffara for an oath (if he breaks it)."
Malik says, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I let you wear this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is obliged, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."
Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfil it if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfil it, but it remains an obligation against her until she has the opportunity to complete it."
22.8 What is Done Regarding the Kaffara of the Broken Oath
12 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Someone who does not have the means for that should fast for three days."
13 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to do kaffara for a broken oath by feeding ten poor people. Each person got a mudd of wheat. He sometimes freed a slave if he had repeated the oath.
Yahya related to me from Malik from Yahya ibn Sa'id that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that such would compensate for them."
Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that, if he clothes men, he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."
22.9 Oaths in General
14 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that one time the Messenger of Allah, may Allah bless him and grant him peace, was speaking to 'Umar ibn al-Khattab while he was travelling in an expedition and 'Umar swore by his father. He (the Messenger) said, "Allah forbids you to swear by your fathers. If anone swears, let him swear by Allah or keep silent."
[In Bukhari and Muslim]
15 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, used to say, "No, by the Overturner of hearts."
[In Bukhari]
16 Yahya related to me from Malik from 'Uthman ibn Hafs ibn 'Umar ibn Khalda that Ibn Shihab had heard that Abu Lubaba ibn 'Abd al-Mundhir, when Allah turned to him, said, "Messenger of Allah, should I leave my people's house in which I committed wrong action and keep your company, and give away all my property as sadaqa for Allah and His Messenger?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Giving away a third of it is enough for you."
17 Yahya related to me from Malik from Ayyub ibn Musa from Mansur ibn 'Abd ar-Rahman al-Hajabi from, his mother that 'A'isha, Umm al-Muminin, may Allah be pleased with her, was asked about a man who devoted his property to the door of the Ka'ba. She said, "Let him do kaffara for it with the kaffara of the oath."
Malik said that someone who devoted all his property in the way of Allah, and then broke his oath, should put a third of his property in the way of Allah, as that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the case of Abu Lubaba.
23.1 Animals Avoided as Sacrifices
1 Yahya related to me from Malik from 'Amr ibn al-Harith from 'Ubayd ibn Fayruz from al-Bara' ibn 'Azib that the Messenger of Allah, may Allah bless him and grant him peace, was asked what animals should be avoided as sacrifices. He indicated with his hand and said, "Four." - Al-Bara' pointed with his hand and said, "My hand is shorter than the hand of the Messenger of Allah, may Allah bless him and grant him peace." - "A lame animal whose lameness is evident, a one-eyed animal which is clearly one-eyed, an animal which is clearly ill, and an emaciated animal with no fat on it."
2 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar would guard against animals and camels which were young or had physical defects as sacrifices.
Malik said, "That is what I like best of what I have heard."
23.2 Animals Desirable as Sacrifices
3 Yahya related to me from Malik from Nafi' that one time 'Abdullah ibn 'Umar wanted to sacrifice an animal at Madina. Nafi' said, "He told me to buy him an excellent horned ram, then to sacrifice it on the Day of Sacrifice in the place sacrificed, it was carried to 'Abdullah ibn 'Umar who shaved his head. He was ill, and did not attend the 'Id with the people."
Nafi' added, "'Abdullah ibn 'Umar used to say, 'Shaving the head is not obligatory for someone who sacrifices an animal.' Ibn 'Umar would do so however."
23.3 Prohibition against Sacrificing an Animal Before the Imam Finishes
4 Yahya related to me from Malik from Yahya ibn Sa'id from Bushayr ibn Yasar that Abu Burda ibn Niyar sacrificed an animal before the Messenger of Allah, may Allah bless him and grant him peace, sacrificed on the Day of Sacrifice. He asserted that the Messenger of Allah, may Allah bless him and grant him peace, ordered him to sacrifice another animal, and he, Abu Burda, said, "What if I can only find an animal less than one year old, Messenger of Allah?" He had said, "If you can only find a young animal, then sacrifice it."
[cf Bukhari 912]
5 Yahya related to me from Malik from Yahya ibn Sa'id from 'Abbad ibn Tamim that one time 'Uwaymir ibn Ashqar sacrificed his animal before the prayer on the morning of the Day of Sacrifice, and he mentioned that the Messenger of Allah, may Allah bless him and grant him peace, had ordered him to sacrifice another animal.
[Ibn Majah]
23.4 Storing Meat from Sacrificial Animals
6 Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Jabir ibn 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, forbade that the meat from sacrificial animals be eaten after three days. Then later he said, "Eat, give sadaqa, provide for yourselves and store up."
[In Muslim]
7 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr that 'Abdullah ibn Waqid said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade eating the meat from sacrificial animals after three days."
'Abdullah ibn Abi Bakr continued, "I mentioned that to 'Amra bint 'Abd ar-Rahman, and she affirmed that he had spoken the truth as she had heard 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, 'Some people from the desert came at the time of the sacrifice in the time of the Messenger of Allah, may Allah bless him and grant him peace, so the Messenger of Allah, may Allah bless him and grant him peace, said, "Store up for three days, and give what is left over as sadaqa."'"
She said that afterwards someone said to the Messenger of Allah, may Allah bless him and grant him peace, that people had been accustomed to make use of their sacrificial animals, melting the fat and curing the skins. The Messenger of Allah, may Allah bless him and grant him peace, said, "What about it?" They said, "You have forbidden the meat of sacrificial animals after three days." The Messenger of Allah, may Allah bless him and grant him peace, said, "I only forbade you for the sake of the people who were coming to you. Eat, give sadaqa, and store up."
By these people, he meant the poor people who were coming to Madina.
[In Muslim]
8 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd aar-Rahman that Abu Sa'id al-Khudri returned from a journey and his family gave him some meat. He asked whether it was meat from the sacrifice. They replied that it was. Abu Sa'id said, "Did not the Messenger of Allah, may Allah bless him and grant him peace, forbid that?" They said, "There has been a new command from the Messenger of Allah, may Allah bless him and grant him peace, since you went away." Abu Sa'id went out and made enquiries about it and was told that the Messenger of Allah, may Allah bless him and grant him peace, had said, "I forbade you before to eat meat of the sacrifice after three days, but now eat, give sadaqa, and store up. I forbade you before to make nabidh (by soaking raisins or dates in water), but now make nabidh, but remember every intoxicant is haram. I forbade you to visit graves, but now visit them, and do not use bad language."
[In Bukhari]
23.5 Sharing Sacrificial Animals
9 Yahya related to me from Malik from Abu'z-Zubayr al-Makki that Jabir ibn 'Abdullah said, "We sacrificed with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hudaybiya, a camel between seven people, and a cow between seven people."
[In Muslim]
10 Yahya related to me from Malik from 'Umara ibn Yasar that 'Ata' ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."
Malik said, "The best that I have heard about a single camel, cow, or sheep is that a man should sacrifice a camel for himself and his family. He should sacrifice a cow or a sheep which he owns for the family, and share with them in it. It is disapproved for a group of people to buy a camel, cow or sheep to share for the ritual and sacrifice, each giving a share of its price and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."
11 Yahya related to me from Malik that Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, only sacrificed one camel or one cow for himself and his family."
Malik said, "I do not know which of them Ibn Shihab mentioned."
23.6 The Sacrificial Animal for the Child in the Womb and Mention of the Days of Sacrifice
12 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, "The sacrifice can be done up to two days after the Day of Sacrifice."
Yahya related to me from Malik that the same had reached him from 'Ali ibn Abi Talib.
13 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar did not sacrifice for the child still in the womb.
Malik said, "The sacrifice is sunna, but it is not obligatory. I prefer that anyone who has the price of the animal should not abandon it.
24.1 Saying the Name of Allah over the Slaughtered Animal
1 Yahya related to me from Malik from Hisham ibn 'Urwa that his father said, "The Messenger of Allah, may Allah bless him and grant him ph bless him and grant him peace, was asked, 'Messenger of Allah! Some people from the desert bring us meat, and we do not know whether the name of Allah has been mentioned over it or not.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Mention the name of Allah over it and eat.' "
Malik said, "That was at the beginning of Islam."
[In Bukhari]
2 Yahya related to me from Malik from Yahya ibn Sa'id that 'Abdullah ibn 'Ayyash ibn Abi Rabi'a al-Makhzumi told one of his slaves to slaughter an animal. When he wanted to slaughter it, he said to him, "Mention Allah's name." The slave said to him, "I have mentioned the name!" He said to him, "Mention the name of Allah, bother you!" He said to him, "I have mentioned the name of Allah." 'Abdullah ibn 'Ayyash said, "By Allah, I shall never eat it!"
24.2 Methods of Slaughter Permitted in Necessity
3 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar that a man of the Ansar from the tribe of Banu Haritha was herding a pregnant she-camel at Uhud. It was about to die, so he slaughtered it with a sharp stake. The Messenger of Allah was asked about that, and he said, "There is no harm in it, eat it."
[mursal]
4 Yahya related to me from Malik from Nafi' from a one of the Ansar from Mu'adh ibn Sa'd or Sa'd ibn Mu'adh that a slave-girl of Ka'b ibn Malik was herding some sheep at Sal' (a mountain near Madina). One of the sheep was about to die, so she went over to it and slaughtered it with a stone. The Messenger of Allah, may Allah bless him and grant him peace, was asked about that, and he said, "There is no harm in it, so eat it."
[In Bukhari]
5 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that 'Abdullah ibn 'Abbas was asked about animals slaughtered by the Christian Arabs. He said, "There is no harm in them," but he recited this ayat, "Any of you who takes them as friends is one of them." (5:54)
6 Yahya related to me from Malik that 'Abdullah ibn 'Abbas used to say, "You can eat anything that has had its jugular vein cut."
Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayayb said. "There is no harm in whatever you slaughter with a cutting edge, as long as you are forced to do it by necessity."
24.3 What is Disapproved of in Slaughtering Animals
7 Yahya related to me from Malik from Yahya ibn Sa'id that Abu Murra, the mawla of 'Aqil ibn Abi Talib, asked Abu Hurayra about a sheep which was told and then part of it moved. He ordered him to eat it. Then he asked Zayd ibn Thabit about it, and he said, "Does a corpse move?" and he forbade eating its meat.
Malik was asked about a sheep which fell down and injured itself badly and then its master reached it and slaughtered it. Blood flowed from it but it did not move. Malik said, "If he kills it and blood flows from it and its eyes blink, he may eat."
24.4 Slaughtering What is in the Womb of a Slaughtered Animal
8 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, "When a she-camel is slaughtered, what is in its womb is included in the slaughter if it is perfectly formed and its hair has begun to grow. If it comes out of its mother's womb, it is slaughtered so that blood flows from its heart."
9 Yahya related to me from Malik from Yazid ibn 'Abdullah ibn Qusayt al-Laythi that Sa'id ibn al-Musayyab said, "The slaughter of what is in the womb is included in the slaughter of the mother if it is perfectly formed and its hair has begun to grow."
25.1 Eating Game Killed with Throwing Sticks and by Stones
1 Yahya related to me from Malik from Nafi' said Nafi' said, "I was at al-Juruf (near Madina) and threw a stone at two birds, and hit them. One of them died, and 'Abdullah ibn 'Umar threw it away, and then went to slaughter the other one with an adze. It died before he could slaughter it, so 'Abdullah threw that one away as well."
2 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad disapproved of eating game that had been killed with throwing sticks and by clay pellets.
3 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab disapproved of killing domestic animals by any means that game was slain such as arrows and the like.
Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ. Allah, the Blessed, the Exalted! said, 'O you who believe, Allah will test you with game animals which come within the reach of your hands and spears.'" (5:97)
Malik said, "So any game that a man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has indicated."
4 Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, such game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by piercing a vital organ, so that it did not have any life after that.
Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.
25.2 Game Caught by Trained Dogs
5 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said about a trained dog, "Eat whatever it catches for you whether it kills it or not."
6 Yahya related to me from Malik that he heard Nafi' say that 'Abdullah ibn 'Umar said, "Whether it eats from it or not."
7 Yahya related to me from Malik that he had heard that Sa'id ibn Abi Waqqas had said, when asked about a trained dog killing game, "Eat, even if only one piece of it remains."
8 Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understand as trained dogs understand, there is no harm in eating what they kill in the course of hunting, if the name of Allah is mentioned when they were sent out.
Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the mouth of a dog and then waiting until it dies, is that it is not halal to eat it."
Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the mouth of a dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either."
He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."
Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to Magians hunts or kills, if it is sent out by a Muslim and the animal is trained. There is no harm in it even if the Muslim does not actually slaughter it. That is like a Muslim using a Magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shoots and the animal he slaughters are halal. There is no harm in eating them. If a Magian sends out a Muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a Muslim. That is like a Magian using a Muslim's bow and arrow to hunt game with, or like his using a Muslim's knife to slaughter with. It is not halal to eat anything killed like that.
25.3 Game of the Sea
9 Yahya related to me from Malik from Nafi' that 'Abd ar-Rahman ibn Abi Hurayra asked 'Abdullah ibn 'Umar about eating what was cast up by the sea and he forbade him to eat it. Then 'Abdullah turned and asked for a Qur'an, and read, "The game of the sea and its flesh are halal for you."
Nafi' added, "'Abdullah ibn 'Umar sent me to 'Abd ar-Rahman ibn Abi Hurayra to say that there was no harm in eating it."
10 Yahya related to me from Malik from Zayd ibn Aslam that Sa'id al-Jari, the mawla of 'Umar ibn al-Khattab, asked 'Abdullah ibn 'Umar about fish which had killed each other or which had died from severe cold. He said, "There is no harm in eating them." Sa'd said, "I then asked 'Abdullah ibn 'Amr ibn al-'As and he said the same."
11 Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn 'Abd ar-Rahman from Abu Hurayra and Zayd ibn Thabit that they saw no harm in eating what was cast up by the sea.
12 Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn 'Abd ar-Rahman that some people from al-Jar came to Marwan ibn al-Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it." They returned to Marwan and told him. Marwan said, "I told you."
Malik added that there was no harm in eating fish caught by Magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "The water of the sea is pure, and its dead creatures are halal."
Malik said, "Since that is eaten dead, it does not matter who has caught it."
25.4 Prohibition Against Eating Animals with Fangs
13 Yahya related to me from Malik from Ibn Shihab from Abu Idris al-Khawlani from Abu Tha'laba al-Khushani that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is haram to eat animals with fangs."
[In Bukhari and Muslim]
14 Yahya related to me from Malik from Isma'il ibn Abi Hakim from 'Abida ibn Sufyan al-Hadrami from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Eating animals with fangs is haram."
[In Muslim]
Malik said, "This is the custom among us."
25.5 What is Disapproved of Regarding Eating Riding Animals
15 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, says, "And horses, mules and donkeys both to ride and for adornment." (16:8) He also says, may He be Blessed and Exalted, about livestock, "Some for you to ride and some to eat." (40:79) He also says, the Blessed, the Exalted, "So that they may mention the name of Allah over the livestock He has given them ... eat of them and feed both those who ask and (al-qani') and those who are too shy to ask (al-mu'tarr)." (22:34-36)
Malik commented, "Allah mentions horses, mules and donkeys for riding and adornment, and He mentions cattle for riding and eating."
Malik said, "Al-qani' also means the poor."
25.6 Using the Skin of Animals Found Dead
16 Yahya related to me from Malik from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn 'Utba ibn Mas'ud that 'Abdullah ibn 'Abbas said, "The Messenger of Allah, may Allah bless him and grant him peace, passed by a dead sheep which had been given to a mawla of his wife, Maymuna. He said, 'Aren't you going to use its skin?' They said, 'Messenger of Allah, but it is carrion.' The Messenger of Allah, may Allah bless him and grant him peace, said. 'Only eating it is haram.'"
[cf Bukhari 1421]
17 Malik related to me from Zayd ibn Aslam from Ibn Wa'la al-Misri from 'Abdullah ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A skin when it is tanned is pure."
[Muslim]
18 Yahya related to me from Malik from Yazid ibn 'Abdullah ibn Qusayt from Muhammad ibn 'Abd ar-Rahman ibn Thawban from his mother that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said that the Messenger of Allah, may Allah bless him and grant him peace, ordered that the skins of carrion be used after they had been tanned."
[In Abu Dawud, at-Tirmidhi, an-nasa'i and Ibn Majah]
25.7 Eating Carrion when Forced to, out of Necessity
19 Yahya related to me from Malik that the best of what he had heard about a man who was forced by necessity to eat carrion was that he ate it until he was full and then took provision from it. If he found something which would enable him to dispense with it, he threw it away.
Malik, when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops or sheep will accept that it was a necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from what he finds whatever will remove his hunger but he should not carry any of it away. I prefer that he does that than eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other people's property, crops or fruit."
Malik said, "That is the best of what I have heard."
26.1 About the 'Aqiqa
1 Yahya related to me from Malik from Zayd ibn Aslam from a man of the Banu Damra that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about the 'aqiqa. He said, 'I do not like disobedience ('uquq),' as if he disliked the name. He said, 'If anyone has a child born to him, and wants to sacrifice for his child, then let him do it.' "
[Abu Dawud and an-Nasa'i]
2 Yahya related to me from Malik from Ja'far ibn Muhammad that his father said, "Fatima, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, weighed the hair of Hasan, Husayn, Zaynab and Umm Kulthum, and gave away in sadaqa an equivalent weight of silver."
3 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman that Muhammad ibn 'Ali ibn al-Husayn said, "Fatima, the daughter of the Messenger of Allah, weighed the hair of Hasan and Husayn, and gave away in sadaqa the equivalent weight in silver."
26.2 Behaviour in the 'Aqiqa
4 Yahya related to me from Malik from Nafi' that if any of 'Abdullah ibn 'Umar's family asked him for an 'aqiqa, he would give it to them. He gave a sheep as 'aqiqa for both his male and female children.
5 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman that Muhammad ibn al-Harith at-Taymi said, "I heard my father say that the 'aqiqa was desirable, even if it was only a sparrow."
6 Yahya related to me from Malik that he heard that there had been an 'aqiqa for Hasan and Husayn, the sons of 'Ali ibn Abi Talib.
[Abu Dawud and an-Nasa'i]
7 Yahya related to me from Malik from Hisham ibn 'Urwa that his father, 'Urwa ibn az-Zubayr made an 'aqiqa for his male and female children of a sheep each.
Malik said, "What we do about the 'aqiqa is that if someone makes an 'aqiqa for his children, he gives a sheep for both male and female. The 'aqiqa is not obligatory but it is desirable to do it, and it is something which people continue to do here (i.e. Madina). If someone makes an 'aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood.
