Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about the time of the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, did not answer him, but in the morning he prayed subh at first light. The following morning he prayed subh when it was much lighter, and then said, 'Where is the man who was asking about the time of the prayer?' The man replied, 'Here I am, Messenger of Allah.' He said,'The time is between these two.' "

Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them."

Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money."

Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. "

He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him."

Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims.

(The clerk of Al-Mughira) Muawiya wrote to Al-Mughira 'Write to me what you have heard from Allah's Apostle.' So he (Al-Mughira) wrote to him: Allah's Prophet used to say at the end of each prayer: "La ilaha illalla-h wahdahu la sharika lahu, lahul Mulku, wa lahul Hamdu wa hula ala kulli shai'in qadir. 'Allahumma la mani' a lima a'taita, wala mu'tiya lima mana'ta, wala yanfa'u dhuljadd minkal-jadd." He also wrote to him that the Prophet used to forbid (1) Qil and Qal (idle useless talk or that you talk too much about others), (2) Asking too many questions (in disputed Religious matters); (3) And wasting one's wealth by extravagance; (4) and to be undutiful to one's mother (5) and to bury the daughters alive (6) and to prevent your favors (benevolence to others (i.e. not to pay the rights of others (7) And asking others for something (except when it is unavoidable).

Malik said that it was not permissible for a slave to buy himself from his master on the provision that he could give the wala' to whomever he wished as the wala' was for the one who set him free, and that had a man given permission to his mawla to give the wala' to whomever he wished, that would not have been permitted, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "The wala' is for the one who sets free. " The Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'. For if it was permitted to the master to stipulate that for him and to give him permission to give the wala' to whomever he liked, that would be a gift.

Allah's Apostle said "Three persons will have a double reward:

1. A Person from the people of the scriptures who believed in his prophet (Jesus or Moses) and then believed in the Prophet Muhammad (i .e. has embraced Islam).

2. A slave who discharges his duties to Allah and his master.

3. A master of a woman-slave who teaches her good manners and educates her in the best possible way (the religion) and manumits her and then marries her."

When Aisha intended to buy Barira, she said to the Prophet, "Barira's masters stipulated that they will have the Wala." The Prophet said (to Aisha), "Buy her, as the Wala is for the one who manumits."

Ibn Az-Zubair said to Ibn Ja`far "Do you remember when I, you and Ibn `Abbas went out to receive Allah's Apostle?" Ibn Ja`far replied in the affirmative. Ibn Az-Zubair added, "And Allah's Apostle made us (i.e. I and Ibn `Abbas) ride along with him and left you."

that she intended to buy Barira (a slave girl) and her masters stipulated that they would have her Wala'. When `Aisha mentioned that to the Prophet ; he said, "Buy her, for the Wala' is for the one who manumits."

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

The food the Messenger of Allah (saws) liked best was tharid made from bread and tharid made from Hays.

Abu Dawud said: It is a weak (tradition).

Aisha wanted to buy a slave-girl in order to manumit her. The girl's masters stipulated that her Wala' would be for them. Allah's Apostle said (to `Aisha), "What they stipulate should not stop you, for the Wala' is for the liberator."

I saw the Prophet eating fresh dates with snake cucumbers.

Allah's Apostle manumitted Safiyya and then married her, and her Mahr was her manumission, and he gave a wedding banquet with Hais (a sort of sweet dish made from butter, cheese and dates).

I saw Allah's Apostle eating fresh dates with snake cucumbers.

Whenever the dining sheet of the Prophet was taken away (i.e., whenever he finished his meal), he used to say: "Al-hamdu li l-lah kathiran taiyiban mubarakan fihi ghaira makfiy wala muWada` wala mustaghna'anhu Rabbuna."

The Prophet had informed the people about the death of Zaid, Ja`far and Ibn Rawaha before the news of their death reached them. He said with his eyes flowing with tears, "Zaid took the flag and was martyred; then Ja`far took the flag and was martyred, and then Ibn Rawaha took the flag and was martyred. Finally the flag was taken by one of Allah's Swords (i.e. Khalid bin Al-Walid) and Allah gave them (i.e. the Muslims) victory."

The Prophet had informed the people of the martyrdom of Zaid, Ja`far and Ibn Rawaha before the news of their death reached. The Prophet said, "Zaid took the flag (as the commander of the army) and was martyred, then Ja`far took it and was martyred, and then Ibn Rawaha took it and was martyred." At that time the Prophet's eyes were shedding tears. He added, "Then the flag was taken by a Sword amongst the Swords of Allah (i.e. Khalid) and Allah made them (i.e. the Muslims) victorious."

Once a Jew said to me, "O the chief of believers! There is a verse in your Holy Book Which is read by all of you (Muslims), and had it been revealed to us, we would have taken that day (on which it was revealed as a day of celebration." 'Umar bin Al-Khattab asked, "Which is that verse?" The Jew replied, "This day I have perfected your religion For you, completed My favor upon you, And have chosen for you Islam as your religion." (5:3) 'Umar replied,"No doubt, we know when and where this verse was revealed to the Prophet. It was Friday and the Prophet was standing at 'Arafat (i.e. the Day of Hajj)"

Aisha said, "Barirah came to me and said, 'My people (masters) have written the contract for my emancipation for nine Awaq ) of gold) to be paid in yearly installments, one Uqiyya per year; so help me." Aisha said (to her), "If your masters agree, I will pay them the whole sum provided the Wala will be for me." Barirah went to her masters and told them about it, but they refused the offer and she returned from them while Allah's Apostles was sitting. She said, "I presented the offer to them, but they refused unless the Wala' would be for them." When the Prophet heard that and `Aisha told him about It, he said to her, "Buy Barirah and let them stipulate that her Wala' will be for them, as the Wala' is for the manumitted." `Aisha did so. After that Allah's Apostle got up amidst the people, Glorified and Praised Allah and said, "What is wrong with some people who stipulate things which are not in Allah's Laws? Any condition which is not in Allah's Laws is invalid even if there were a hundred such conditions. Allah's Rules are the most valid and Allah's Conditions are the most solid. The Wala is for the manumitted."

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Aisha told me that Barirah came to seek her help in writing for emancipation and at that time she had not paid any part of her price. `Aisha said to her, "Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala' will be for me, I will pay the money." Barirah told her masters about that, but they refused, and said, "If `Aisha wants to do a favor she could, but your Wala will be for us." Aisha informed Allah's Apostle of that and he said to her, "Buy and manumit Barirah as the Wala' will go to the manumitted."

The Prophet said, "The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Mecca and Medina); (2) a person who seeks that the traditions of the Pre-lslamic Period of Ignorance, should remain in Islam (3) and a person who seeks to shed somebody's blood without any right."

Allah's Apostle said: Islam is based on (the following) five (principles):

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer the (compulsory congregational) prayers dutifully and perfectly.

3. To pay Zakat (i.e. obligatory charity) .

4. To perform Hajj. (i.e. Pilgrimage to Mecca)

5. To observe fast during the month of Ramadan.

I saw Allah's Apostle eating fresh dates with snake cucumber.

Aisha said, "Barira came to me and said, 'I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.' I said, 'I am ready to pay the whole amount now provided your masters agree that your Wala' will be for me.' So, Barira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah's Apostle was sitting (present). Barira said, 'I told them of the offer but they did not accept it and insisted on having the Wala'.' The Prophet heard that." `Aisha narrated the whole story to the Prophet. He said to her, "Buy her and stipulate that her Wala' would be yours as the Wala' is for the manumitter." `Aisha did so. Then Allah's Apostle stood up in front of the people, and after glorifying Allah he said, "Amma Ba`du (i.e. then after)! What about the people who impose conditions which are not in Allah's Book (Laws)? Any condition that is not in Allah's Book (Laws) is invalid even if they were one hundred conditions, for Allah's decisions are the right ones and His conditions are the strong ones (firmer) and the Wala' will be for the manumitter."

The Prophet said, "Allah has forbidden you ( 1 ) to be undutiful to your mothers (2) to withhold (what you should give) or (3) demand (what you do not deserve), and (4) to bury your daughters alive. And Allah has disliked that (A) you talk too much about others ( B), ask too many questions (in religion), or (C) waste your property."

The Prophet said, "The Wala' is for the manumitted (of the slave).

Aisha, (mother of the faithful believers) wanted to buy a slave girl and manumit her, but her masters said that they would sell her only on the condition that her Wala' would be for them. `Aisha told Allah's Apostle of that. He said, "What they stipulate should not hinder you from buying her, as the Wala' is for the manumitted."

That Aisha, the mother of the Believers, intended to buy a slave girl in order to manumit her. The slave girl's master said, "We are ready to sell her to you on the condition that her Wala should be for us." Aisha mentioned that to Allah's Apostle who said, "This (condition) should not prevent you from buying her, for the Wala is for the one who manumits (the slave)."

[Abu 'Eisa said:] There are narrations on this topic from Ibn 'Umar and Abu Hurairah. This Hadith is Hasan Sahih, and this is acted upon according to the people of knowledge.

The Prophet forbade the selling of the Wala' (of slaves) or giving it as a present.

Allah's Apostle forbade the selling or donating the Wala' of a freed slave.

I went to `Aisha and said, "I was the slave of `Utba bin Abu Lahab. "Utba died and his sons became my masters who sold me to Ibn Abu `Amr who manumitted me. The sons of `Utba stipulated that my Wala' should be for them." `Aisha said, "Barirah came to me and she was given the writing of emancipation by her masters and she asked me to buy and manumit her. I agreed to it, but Barirah told me that her masters would not sell her unless her Wala' was for them." `Aisha said, "I am not in need of that." When the Prophet heard that, or he was told about it, he asked `Aisha about it. `Aisha mentioned what Barirah had told her. The Prophet said, "Buy and manumit (free) her and let them stipulate whatever they like." So, `Aisha bought and manumitted her and her masters stipulated that her Wala' should be for them." The Prophet;, said, "The Wala' will be for the liberator even if they stipulated a hundred conditions."

The Prophet had informed us of the death of Ja`far and Zaid before the news of their death reached us, and his eyes were shedding tears.

`Aisha intended to buy Barira (a slave-girl) in order to manumit her and her masters intended to put the condition that her Al-wala would be for them. `Aisha mentioned that to the Prophet who said to her, "Buy her, as the "Wala" is for the manumitted." Once some meat was presented to the Prophet and `Aisha said to him, "This (meat) was given in charity to Barira." He said, "It is an object of charity for Barira but a gift for us."

Whenever Ibn `Umar greeted the son of Ja`far, he used to say (to him), "Assalam 'Alaika (i.e. peace be on you) O the son of two-winged person."

Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.

My father said, "I saw the Prophet passing wet hands over his turban and Khuffs (socks made from thick fabric or leather).

Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free."

Aisha wanted to buy Barirah and he (the Prophet) went out for the prayer. When he returned, she told him that they (her masters) refused to sell her except on the condition that her Wala' would go to them. The Prophet replied, 'The Wala' would go to him who manumits.' " Hammam asked Nafi` whether her (Barirah's) husband was a free man or a slave. He replied that he did not know.

Barirah went to Aisha, the mother of the faithful believers to seek her help in her emancipation Aisha said to her, "If your masters agree, I will pay them your price in a lump sum and manumit (free) you." Barirah mentioned that offer to her masters but they refused to sell her unless the Wala' was for them. `Aisha told Allah's Apostle about it. He said, "Buy and manumit her as the Wala' is for the liberator."

When I visited Aisha she said, "Barirah who had a written contract for her emancipation for a certain amount came to me and said, "O mother of the believers! Buy me and manumit me, as my masters will sell me." Aisha agreed to it. Barirah said, 'My masters will sell me on the condition that my Wala will go to them." Aisha said to her, 'Then I am not in need of you.' The Prophet heard of that or was told about it and so he asked Aisha, 'What is the problem of Barirah?' He said, 'Buy her and manumit her, no matter what they stipulate.' Aisha added, 'I bought and manumitted her, though her masters had stipulated that her Wala would be for them.' The Prophet said, The Wala is for the liberator, even if the other stipulated a hundred conditions."

Aisha intended to buy Barira, but her masters stipulated that her wala wound be for them. Aisha mentioned that to the Prophet who said (to `Aisha), "Buy and manumit her, for the wala is for the one who manumits." Once some meat was brought to the Prophet and was said, "This meat was given in charity to Barira. " The Prophet said, "It is an object of charity for Barira and a gift for us."
Narrated Adam:

Shu`ba related the same Hadith and added: Barira was given the option regarding her husband.

My father said, "I saw the Prophet passing wet hands over his Khuffs (socks made from thick fabric or leather)."

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Apostle! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

That `Aisha told him that Barirah came to seek her help in her writing of emancipation (for a certain sum) and that time she had not paid anything of it. `Aisha said to her, "Go back to your masters, and if they agree that I will pay the amount of your writing of emancipation and get your Wala', I will do so." Barirah informed her masters of that but they refused and said, "If she (i.e. `Aisha) is seeking Allah's reward, then she can do so, but your Wala' will be for us." `Aisha mentioned that to Allah's Apostle who said to her, "Buy and manumit (free) her, as the Wala' is for the liberator." Allah's Apostle then got up and said, "What about the people who stipulate conditions which are not present in Allah's Laws? Whoever imposes conditions which are not present in Allah's Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah's conditions (Laws) are the truth and are more solid."