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Yahya related to me from Malik from Suhayl ibn Abi Salih as-
Samman from his father from Abu Hurayra that Sad ibn Ubada said to the
Messenger of Allah, may Allah bless him and grant him peace, "What do
you think if I find a man with my wife? Shall I grant him a respite
until I bring four witnesses?" The Messenger of Allah, may Allah bless
him and grant him peace, replied, "Yes."
Muwatta Malik Book 36, Hadith 27
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Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah
ibn Abd al-Qari that his father said, "A man came to Umar ibn al-
Khattab from Abu Musa al-Ashari. Umar asked after various people, and
he informed him. Then Umar inquired, 'Do you have any recent news?' He
said, 'Yes. A man has become a kafir after his Islam.' Umar asked,
'What have you done with him?' He said, 'We let him approach and
struck off his head.' Umar said, 'Didn't you imprison him for three
days and feed him a loaf of bread every day and call on him to tawba
that he might turn in tawba and return to the command of Allah?' Then
Umar said, 'O Allah! I was not present and I did not order it and I am
not pleased since it has come to me!' "
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Malik related to me from Yahya ibn Said from Said ibn al-Musayyab
that a Syrian man called Ibn Khaybari found a man with his wife and
killed him, or killed them both. Muawiya ibn Abi Sufyan found it
difficult to make a decision and he wrote to Abu Musa al-Ashari to ask
Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi
Talib and AIi said to him, "Is this thing in my land? I adjure you,
you must tell me." Abu Musa explained to him how Muawiya ibn Abi
Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan.
If he does not bring four witnesses, then let him be completely handed
over," (to the relatives of the murdered man).