Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit said to him, ""The hand is not cut off for what is stolen by chance, openly, in haste

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, ""Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?"" He had said, ""Yes."" She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."" Abu Bakr added, ""So I let the Nabatean go."" Malik said, ""The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."" Malik said, ""As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."" Malik said, ""One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."" Malik said about a person who borrows something and then denies it, ""His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."" Malik said, ""The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."" Malik said, ""The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid informed him that Umar ibn al-Khattab came out to them. He said, ""I have found the smell of wine on so-and-so, and he claimed that it was the drink of boiled fruit juice, and I am inquiring about what he has drunk. If it intoxicates, I will flog him."" Umar then flogged him with the complete hadd

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, ""We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies."" (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine

Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd of the slave for wine. He said, ""I heard that he has half the hadd of a freeman for drinking wine. Umar ibn al-Khattab, Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half of the hadd of a freeman when they drank wine

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, ""There is nothing that Allah does not like to be pardoned as long as it is not a hadd."" Yahya said that Malik said, ""The sunna with us is that the hadd is obliged against anyone who drinks something intoxicating whether or not he becomes drunk

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, addressed the people in one of his raids. Abdullah ibn Umar said, ""I went towards him, but he finished before I reached him. I asked about what he had said. Someone said to me, 'He forbade preparing nabidh in a gourd or in a jug smeared with pitch

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade preparing nabidh in a gourd or in a jug smeared with pitch

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, forbade preparing nabidh from nearly ripe dates and fresh dates together, and from dates and raisins together

Yahya related to me from Malik from a reliable source from Bukayr ibn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansari from Abu Qatada al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade making nabidh from dates and raisins together, and nearly ripe dates and fresh dates together. Malik said, ""That is the way of doing things among us in which the people of knowledge in our city continue. It is disapproved of because the Messenger of Allah, may Allah bless him and grant him peace, forbade it

Yahya related to me from Malik from ibn Shihab from Abu Salama ibn Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ""The Messenger of Allah, may Allah bless him and grant him peace, was asked about mead, and he replied, 'Every drink which intoxicates is haram

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was asked about al-Ghubayra. He said, ""There is no good in it,"" and forbade it. Malik said, ""I asked Zayd ibn Aslam, 'What is al- Ghubayra?' He said, 'It is an intoxicant

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 ""Whoever drinks wine in this world and does not turn from it in tawba, it is haram for him in the Next World

Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wala al-Misri asked Abdullah ibn Abbas about what is squeezed from the grapes. Ibn Abbas replied, ""A man gave the Messenger of Allah, may Allah bless him and grant him peace, a small water-skin of wine. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Don't you know that Allah has made it haram?' He said, 'No.' Then a man at his side whispered to him. The Messenger of Allah, may Allah bless him and grant him peace, asked what he had whispered, and the man replied, 'I told him to sell it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The One who made drinking it haram has made selling it haram.' The man then opened the water- skins and poured out what was in them

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, ""I was serving wine to Abu Ubayda ibn al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been prepared from crushed ripe dates and dried dates. Someone came to them and said, 'Wine has been made haram.' Abu Talha ordered me to go and take the jugs and break them. I stood up and went to a mortar of ours and I struck them with the bottom of it until they broke

Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al- Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of ash-Sham complained to him about the bad air of their land and its heaviness. They said, ""Only this drink helps."" Umar said, ""Drink this honey preparation."" They said, ""Honey does not help us."" A man from the people of that land said, ""Can we give you something of this drink which does not intoxicate?"" He said, ""Yes."" They cooked it until two- thirds of it evaporated and one-third of it remained. Then they brought it to Umar. Umar put his finger in it and then lifted his head and extended it. He said, ""This is fruit juice concentrated by boiling. This is like the distillation with which you smear the camel's scabs."" Umar ordered them to drink it. Ubada ibn as-Samit said to him, ""You have made it halal, by Allah!"" Umar said, ""No, by Allah! O Allah! I will not make anything halal for them which You have made haram for them! I will not make anything haram for them which You have made halal for them

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that some men from Iraq said to him, ""Abu Abd ar-Rahman, we buy the fruit of the palm and grapes and we squeeze them into wine and we sell it."" Abdullah ibn Umar said, ""I call on Allah and His angels and whoever hears of jinn and men to testify to you that I order you not to buy it nor sell it nor to press it nor to drink it nor to give it to people to drink. It is something impure from the work of Shaytan

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father that in a letter which the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm about blood-money he wrote that it was one hundred camels for a life, one hundred camels for a nose if completely removed, a third of the blood-money for a wound in the brain, the same as that for a belly wound, fifty for an eye, fifty for a hand, fifty for a foot, ten camels for each finger, and five for teeth, and five for a head wound which laid bare the bone

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams. Malik said, ""The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "" Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years. Malik said, ""Three is the most preferable to me of what I have heard on that."" Malik said, ""The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver

Yahya related to me from Malik that Ibn Shihab said, ""The full blood-money for murder when it is accepted is twenty-five yearlings, twenty-five two-year-olds, twenty-five four-year-olds, and twenty-five five-year-olds

Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, ""Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."" Malik said about an adult and a child when they murder a man together, ""The adult is killed and the child pays half the full blood-money."" Malik said, ""It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. ""Do you swear by Allah with fifty oaths that he did not die of it?"" They refused and stopped themselves from doing it. He said to the others, ""Will you take an oath?"" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money. Malik said, ""One does not act on this

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, ""The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."" Malik said, ""The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."" Malik said, ""A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired. Malik said, ""If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."" Malik said, ""There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "" Malik said, ""There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."" Malik said, ""The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."" Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, ""The blood-money for a woman is the same as for a man up to one third of the blood-money. Her finger is like his finger, her tooth is like his tooth, her injury which lays bare the bone is like his, and her head wound which splinters the bone is like his

Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man. Malik said, ""The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man

Yahya related to me from Malik that he heard Ibn Shihab say, ""The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."" Malik said, ""That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."" Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, ""Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing."" The Messenger of Allah, may Allah bless him and grant him peace, said, ""This is only one of the brothers of the diviners."" He disapproved of the rhyming speech of the man's declaration

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, ""The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."" Malik said, ""The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."" Malik said, ""I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "" Malik said, ""I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."" Malik said, ""The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."" Malik said, ""When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."" Yahya related to me, ""Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab used to say, ""The full blood-money is payable for cutting off both lips, but when the lower one only is cut off, two-thirds of the blood-money is due for it