Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that Umar ibn al-Khattab said, "No-one should leave the hajj until he
has done tawaf of the House, and tawaf of the House is the final
rite."
Malik said, commenting about Umar ibn al-Khattab's
saying 'tawaf of the House is the final rite,' "In our opinion, and
Allah knows best, that is because Allah, the Blessed and Exalted,
says, 'Whoever exalts the rituals of Allah - that is from the taqwa of
the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place
(of sacrifice) is at the Ancient House,' and the place of all the
rituals and where they end is therefore at the Ancient House."
Muwatta Malik Book 20, Hadith 124
Yahya related to me from Malik that Yahya ibn Said 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 ulama there, and they ordered 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 find."
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 shoulder, by
that he meant hardship and exhaustion to himself, and he does not have
to do that. Let him walk by foot and make sacrifice. If he did not
intend anything, let him do hajj and ride, and take the man on hajj
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 cancelled."
Yahya
said that Malik was asked whether it was enough for a man who had made
a vow that he would walk to the House of Allah a certain (large)
number of times, or who had forbidden himself from talking to his
father and brother, if he did not fulfil a certain vow, and he had
taken upon himself, by the oath, something which he was 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 for that that I know 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."
Muwatta Malik Book 22, Hadith 5
we have come to the evening, and in the evening the dominion belongs to Allah: “Praise be to Allah; there is no god but Allah alone who has no partner”. The version of Jarir adds: Zubaid said that Ibrahim b. Suwaid said: There is no god but Allah alone who has no partner; to him belongs the dominion, to him praise is due, and He is omnipotent. O Allah! I ask thee for the good of what this night contains, and the good of what comes after it; and I seek refuge in Thee from the evil of what this night contains, and from the evil of what comes after it. My Lord! I seek refuge in Thee from indolence, the evil of old age or of disbelief. My Lord! I seek refuge in Thee from a punishment in Hell and a punishment in the grave. In the morning he said that also: we have come to the morning, and in the morning the dominion belongs to Allah.
Abu Dawud said: Shu’bah transmitted from Salamah b. Kuhail, from Ibrahim b. Suwaid, saying: from the evil of old age. He did not mention the evil of disbelief.
Sunan Abi Dawud Book 43, Hadith 299
Malik said that Ibn Shihab said, "The precedent of the sunna in
the intentional murder is that when the relatives of the murdered
person relinquish retaliation, the blood-money is owed by the murderer
from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood-
money is not obliged against the tribe until it has reached a third of
the full amount and upwards. Whatever reaches a third is against the
tribe, and whatever is below a third, is against the property of the
one who did the injury."
Malik said, "The way of doing things
about which there is no dispute among us, in the case of someone who
has the blood-money accepted from him in intentional murder or in any
injury in which there is retaliation, is that that blood-money is not
due from the tribe unless they wish it. The blood-money for that is
from the property of the murderer or the injurer if he has property.
If he does not have any property, it is a debt against him, and none
of it is owed by the tribe unless they wish."
Malik said,
"The tribe does not pay blood-money to anyone who injures himself,
intentionally or accidentally. This is the opinion of the people of
fiqh in our community. I have not heard that anyone has made the tribe
liable for any blood-money incurred by intentional acts. Part of what
is well-known of that is that Allah, the Blessed, and the Exalted,
said in His Book, 'Whoever has something pardoned him by his brother,
should follow it with what is accepted and pay it with good will'
(Sura 2 ayat 178) The commentary on that - in our view - and Allah
knows best, is that whoever gives his brother something of the blood-
money, should follow it with what is accepted and pay him with good
will."
Malik spoke about a child who had no property and a
woman who had no property. He said, "When one of them causes an injury
below a third of the blood-money, it is taken on behalf of the child
and woman from their personal property, if they have property from
which it may be taken. If not, the injury which each of them has
caused is a debt against them. The tribe does not have to pay any of
it and the father of a child is not liable for the blood-money of an
injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which
there is no dispute, is that when a slave is killed, the value for him
is that of the day on which he was killed. The tribe of the murderer
is not liable for any of the value of the slave, great or small. That
is the responsibility of the one who struck him from his own personal
property as far as it covers. If the value of the slave is the blood-
money or more, that is against him in his property. That is because
the slave is a certain type of goods."
Muwatta Malik Book 43, Hadith 33