Abdullah ibn Umar added, I saw the man leaning over the woman to protect her from the stones.

Malik commented, By leaning he meant throwing himself over her so that the stones fell on him.

Malik said, Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.'

Yahya said that he had heard Malik say, As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.'

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, He is to be stoned, whether or not he is muhsan.

Malik spoke about a person who confessed to fornication and then retracted it and said, I didn't do it. I said that for such-and-such a reason, and he mentioned the reason. Malik said, That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him.

Malik said, I have not seen the people of knowledge exiling slaves who have committed adultery.

Ibn Shihab added, I don't know whether it was three or four times.

Malik said, A raped woman cannot marry until she has restored herself by three menstrual periods.

He said, If she doubts her periods, she does not marry until she has freed herself of that doubt.

Abu'z-Zinad said, I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.'

Zurayq said, I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.'

Yahya said, I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted.

Malik said, If they are on separate occasions there is still only one hadd against him.

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al-Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar-Rahman that two men cursed each other in the time of Umar ibn al-Khattab. One of them said to the other, By Allah, my father is not an adulterer and my mother is not an adulteress. Umar ibn al-Khattab asked advice about that. One person said, He has praised his father and mother. Another said, His father and mother have praise other than this. We think that he is to be flogged with the hadd. So Umar flogged him with the hadd of eighty lashes.

Malik said, There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it.

Malik said, What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '