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The Hadith Book  from
70 hadith found in 'Judgements' of Malik's Muwatta.
 36.21.20 

 Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"  

 36.21.21 

 Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.  

 36.21.22 

 Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."  

 36.21.23 

 Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves. Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."  

 36.22.23a 

 Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and-so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier." Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this. Malik said, "If a man's testimony is in agreement with what the woman testified to, that so-and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."  

 36.23.24 

 Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, "What's the matter with men who have intercourse with their slave-girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her."  

 36.23.25 

 Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her." Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."  

 36.24.26 

 Yahya related from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone revives dead land, it belongs to him, and the unjust root has no right." Malik explained, "The unjust root is whatever is taken, or planted without right."  

 36.24.27 

 Malik related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab said, "Whoever revives dead land, it belongs to him." Malik said, "That is what is done in our community."  

 36.25.28 

 Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said about the flood-channels of Mahzur and Mudhaynib (in Madina), "Dam them systematically, so that the water is diverted into each property in turn up to ankle level, starting upstream."  

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