Yahya said that Malik said, "The generally agreed on way of doing
things in our community is that retaliation is taken from someone who
breaks someone's hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the
wound of the injured party has healed. Then retaliation is inflicted
on him. If the wound of the person on whom the retaliation has been
inflicted is like the first person's wound when it heals, it is
retaliation. If the wound of the one on whom the retaliation has been
inflicted becomes worse or he dies, there is nothing held against the
one who has taken retaliation. If the wound of the person on whom the
retaliation has been inflicted heals and the injured party is
paralysed or his injury has healed but he has a scar, defect, or
blemish, the person on whom the retaliation has been inflicted does
not have his hand broken again and further retaliation is not taken
for his injury."
He said, "But there is blood-money from him
according to what he has impaired or maimed of the hand of the injured
party. The bodily injury is also like that."
Malik said,
"When a man intentionally goes to his wife and gouges out her eye or
breaks her hand or cuts off her finger or such like, and does it
intentionally, retaliation is inflicted on him. As for a man who
strikes his wife with a rope or a whip and hits what he did not mean
to hit or does what he did not intend to do, he pays blood-money for
what he has struck according to this principle, and retaliation is not
inflicted on him."
Yahya related to me from Malik that he
had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation
for the breaking of a leg.
Muwatta Malik Book 43, Hadith 44
"We went out with the Messenger of Allah on the Farewell pilgrimage, and they said : 'O Messenger of Allah, (ﷺ) celibacy has become too difficult for us'. He said : 'Then make temporary marriages with these women'. So we went to them, but they insisted on setting a fixed time between us and them. They mentioned that to the Prophet and he said : 'Set a fixed time between you and them.' So I went out with a cousin of mine. He had a cloak and I had a cloak, but his cloak was finer than mine, and I was younger than him. We came to a women and she said: 'One cloak is like another.' So I married her and stayed with her that night. Then the next day I saw the Messenger of Allah standing between the Rukn (corner) and the door (of the Ka'bah), saying : 'O people, I had permitted temporary marriage for you, but Allah has forbidden it until the Day of Resurrection. however had any temporary wives, he should let them go, and do not take back anything that you had given to them.' "
Sunan Ibn Majah Book 9, Hadith 118
When the Prophet (ﷺ) had finished from the battle of Hunain, he sent Abu Amir at the head of an army to
Autas He (i.e. Abu Amir) met Duraid bin As Summa and Duraid was killed and Allah defeated his
companions. The Prophet (ﷺ) sent me with Abu 'Amir. Abu Amir was shot at his knee with an arrow
which a man from Jushm had shot and fixed into his knee. I went to him and said, "O Uncle! Who
shot you?" He pointed me out (his killer) saying, "That is my killer who shot me (with an arrow)." So
I headed towards him and overtook him, and when he saw me, he fled, and I followed him and started
saying to him, "Won't you be ashamed? Won't you stop?" So that person stopped, and we exchanged
two hits with the swords and I killed him.
Then I said to Abu 'Amir. "Allah has killed your killer." He said, "Take out this arrow" So I removed
it, and water oozed out of the wound. He then said, "O son of my brother! Convey my compliments to
the Prophet (ﷺ) and request him to ask Allah's Forgiveness for me." Abu Amir made me his successor in
commanding the people (i.e. troops). He survived for a short while and then died. (Later) I returned
and entered upon the Prophet (ﷺ) at his house, and found him lying in a bed made of stalks of date-palm
leaves knitted with ropes, and on it there was bedding. The strings of the bed had their traces over his
back and sides. Then I told the Prophet (ﷺ) about our and Abu Amir's news and how he had said "Tell him
to ask for Allah's Forgiveness for me."
The Prophet (ﷺ) asked for water, performed ablution and then raised hands, saying, "O Allah's Forgive
`Ubaid, Abu Amir." At that time I saw the whiteness of the Prophet's armpits. The Prophet (ﷺ) then said,
"O Allah, make him (i.e. Abu Amir) on the Day of Resurrection, superior to many of Your human
creatures." I said, "Will you ask Allah's Forgiveness for me?" (On that) the Prophet (ﷺ) said, "O Allah,
forgive the sins of `Abdullah bin Qais and admit him to a nice entrance (i.e. paradise) on the Day of
Resurrection." Abu Burda said, "One of the prayers was for Abu 'Amir and the other was for Abu
Musa (i.e. `Abdullah bin Qais).
Sahih al-Bukhari Book 64, Hadith 353
"I was asked about those who were involved in the case of Li'an and if they are to be separated, during the leadership of Mus'ab bin Az-Zubair. I did not know what to say. So I went to the house of 'Abdullah bin 'Umar and I sought permission to enter. I was told he was taking a nap, but he heard me taking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'" He said: "So I entered and found him laying on a saddlecloth from his mount. I said: 'O Abu 'Abdur-Rahman! Are those involved in Li'an separated?' He said: 'Glorious is Allah! Yes. The first who asked about hat was so-and-so the son of so-and-so. He came to the Prophet (ﷺ) and said "O Messenger of Allah! If one of us saw his wife committing adultery, what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible." He said: 'So the Prophet (ﷺ) remained silent and did not answer him. Afterwards he came to the Prophet (ﷺ) and said: "The one who asked you about it has been tried by it." So Allah revealed these Ayat from Surat An-Nur: 'And those who accuse their wives and have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah (24:6-10)' - until the end of those Ayat. He said: 'So he called for the man and recited the Ayat to him and admonished him, reminded him, and he told him: "Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the Truth! I did not lie about her." Then he (ﷺ) did the same with the woman, admonishing her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the Truth! He is not telling the truth.'" "He said: 'So he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them.'"
Jami` at-Tirmidhi Book 47, Hadith 230
Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah
ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that
the Messenger of Allah, may Allah bless him and grant him peace, was
asked about a slave-girl who committed fornication and was not
muhsana. He said, "If she commits fornication, then flog her. If she
commits fornication again, then flog her, and if she commits
fornication again, then sell her, if only for a rope."
Ibn
Shihab added, "I don't know whether it was three or four times."
Muwatta Malik Book 41, Hadith 14