that she took to Allah's Apostle one of her sons whose palate and tonsils she had pressed to treat a throat trouble. The Prophet said, "Be afraid of Allah! Why do you pain your children by having their tonsils pressed like that? Use the Ud Al-Hindi (a certain Indian incense) for it cures seven diseases, one of which is pleurisy."

Sa`d bin Abi Waqqas and `Abd bin Zam`a quarrelled with each other (regarding a child). The Prophet said, "The boy is for you, O `Abd bin Zam`a, for the boy is for (the owner) of the bed. O Sauda ! Screen yourself from the boy." The sub-narrator, Al-Laith added (that the Prophet also said), "And the stone is for the person who commits an illegal sexual intercourse."

A man came to the Prophet (saws) and said: Messenger of Allah, they ask thee for a legal decision about a kalalah. What is meant by kalalah? He replied: The verse revealed in summer is sufficient for you.

I asked AbuIshaq: Does it mean a person who dies and leaves neither children nor father? He said: This is so. The people think it is so.

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

I was with Allah's Apostle in a Ghazwa, and when we returned, I wanted to hurry, while riding a slow camel. A rider came behind me. I looked back and saw that the rider was Allah's Apostle . He said (to me), "What makes you in such a hurry?" I replied, "I am newly married." He said, "Did you marry a virgin or a matron?" I replied, "(Not a virgin but) a matron." He said, "Why didn't you marry a young girl with whom you could play and who could play with you?" Then when we approached (Medina) and were going to enter (it), the Prophet said, "Wait till you enter (your homes) at night (in the first part of the night) so that the ladies with unkempt hair may comb their hair, and those whose husbands have been absent (for a long time) may shave their pubic hair." (The sub-narrator, Hashim said: A reliable narrator told me that the Prophet added in this Hadith: "(Seek to beget) children! Children, O Jabir!")

Banu al-Harith b. 'Amir b. Nawfal bought Khubaib. Khubaib killed al-Harith b. 'Amir on the day of Badr. Khubaib remained with them as a prisoner until they agreed on his killing. He borrowed razor form the daughter of al-Harith to shave his pubes. She let it to him. A small child of her crept to him while she was inattentive. When she same, she found him alone and the child was on this thigh and the razor was in his hand. She was terrified and he realized its effect on her. He said: Do you fear that I shall kill him ? I am not going to do that.

Abu Dawud said: Shu'aib b. Abi Hamzah transmitted this narrative from al-Zuhri. He said: 'Ubaid Allah b. 'Ayyash told me that the daughter of al-Harith told him that when they gathered for killing him, he borrowed a razor from her to shave (his pubes). She lent it to him.

(In the Pre-Islamic Period ) the children used to inherit all the property but the parents used to inherit only through a will. So Allah cancelled that which He liked to cancel and put decreed that the share of a son was to be twice the share of a daughter, and for the parents one-sixth for each one of them, or one third, and for the wife one-eighth or one-fourth, and for the husband one-half, or one-fourth.

Allah's Apostle said, "The keys of Unseen are five which none knows but Allah: None knows what will happen tomorrow but Allah; none knows what is in the wombs (a male child or a female) but Allah; none knows when it will rain but Allah; none knows at what place one will die; none knows when the Hour will be established but Allah." (See The Qur'an 31:34.")

that in the year he performed Hajj. he heard Mu'awiya bin Abi Sufyan, who was on the pulpit and was taking a tuft of hair from one of his guards, saying, "Where are your religious learned men? I heard Allah's Apostle forbidding this (false hair) and saying, 'The children of Israel were destroyed when their women started using this.'"

A woman from the offspring of Ja`far was afraid lest her guardian marry her (to somebody) against her will. So she sent for two elderly men from the Ansar, `AbdurRahman and Mujammi', the two sons of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam was given by her father in marriage against her will, then the Prophet cancelled that marriage." (See Hadith No. 78)

Allah's Apostle said, "If one give in charity what equals one date-fruit from the honestly earned money and Allah accepts only the honestly earned money --Allah takes it in His right (hand) and then enlarges its reward for that person (who has given it), as anyone of you brings up his baby horse, so much s that it becomes as big as a mountain

I took `Abdullah bin Abu Talha to Allah's Apostle to perform Tahnik for him. (Tahnik was a custom among the Muslims that whenever a child was born they used to take it to the Prophet who would chew a piece of date and put a part of its juice in the child's mouth). I saw the Prophet and he had an instrument for branding in his hands and was branding the camels of Zakat.

Allah's Apostle said, "Everyone of you is a guardian and is responsible for his charges. The ruler who has authority over people, is a guardian and is responsible for them, a man is a guardian of his family and is responsible for them; a woman is a guardian of her husband's house and children and is responsible for them; a slave ('Abu) is a guardian of his master's property and is responsible for it; so all of you are guardians and are responsible for your charges."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (saws) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.

Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?

When the Prophet arrived at Medina he found that the Jews observed fast on the day of 'Ashura'. They were asked the reason for the fast. They replied, "This is the day when Allah caused Moses and the children of Israel to have victory over Pharaoh, so we fast on this day as a sign of glorifying it." Allah's Apostle said, "We are closer to Moses than you." Then he ordered that fasting on this day should be observed.

Allah's Apostle said, "If somebody gives in charity something equal to a date from his honestly earned money ----for nothing ascends to Allah except good---- then Allah will take it in His Right (Hand) and bring it up for its owner as anyone of you brings up a baby horse, till it becomes like a mountain." Abu Huraira said: The Prophet. said, "Nothing ascends to Allah except good."

The Prophet said, "Adam and Moses debated with each other and Moses said, 'You are Adam who turned out your offspring from Paradise.' Adam said, "You are Moses whom Allah chose for His Message and for His direct talk, yet you blame me for a matter which had been ordained for me even before my creation?' Thus Adam overcame Moses."

I heard Allah's Apostle saying, Allah divided Mercy into one hundred parts. He kept ninety nine parts with Him and sent down one part to the earth, and because of that, its one single part, His Creations are merciful to each other, so that even the mare lifts up its hoofs away from its baby animal, lest it should trample on it."

I was told by the Rabiba (i.e. daughter of the wife of the Prophet) who, I think, was Zainab, that the Prophet (forbade the utensils (of wine called) Ad-Dubba, Al-Hantam, Al-Muqaiyar and Al-Muzaffat. I said to her, 'Tell me as to which tribe the Prophet belonged; was he from the tribe of Mudar?'' She replied, "He belonged to the tribe of Mudar and was from the offspring of An-Nadr bin Kinana. "

Ali separated between a slave-girl and her child. The Prophet (saws) prohibited it and made the sale transactions withdrawn.

Abu Dawud said: The narrator Maimun (b. Abi Shaib) did not meet 'Ali. He (Maimun) was killed in the battle of Jamajim in 83 A.H.

Abu Dawud said: The battle of Harrah took place in 63 A.H., and Ibn al-Zubair was killed in 73 A.H.

Abdullah ibn AbuBakr and some children of Muhammad ibn Maslamah said: There remained some people of Khaybar and they confined themselves to the fortresses. They asked the Messenger of Allah (saws) to protect their lives and let them go. He did so. The people of Fadak heard this; they also adopted a similar way. (Fadak) was, therefore, exclusively reserved for the Messenger of Allah (saws), for it was not captured by the expedition of cavalry and camelry.

Abu Dawud said : The chain of this tradition is not continuous (muttasil)

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."

Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'

The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).

Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.

"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

The Prophet said, "At every womb Allah appoints an angel who says, 'O Lord! A drop of semen, O Lord! A clot. O Lord! A little lump of flesh." Then if Allah wishes (to complete) its creation, the angel asks, (O Lord!) Will it be a male or female, a wretched or a blessed, and how much will his provision be? And what will his age be?' So all that is written while the child is still in the mother's womb."

Allah's Apostle said, "Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges."

The Prophet said, "When nightfalls, then keep your children close to you, for the devil spread out then. An hour later you can let them free; and close the gates of your house (at night), and mention Allah's Name thereupon, and cover your utensils, and mention Allah's Name thereupon, (and if you don't have something to cover your utensil) you may put across it something (e.g. a piece of wood etc.).

Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'.

A man came to the Prophet (saws) and said: I have found a woman of rank and beauty, but she does not give birth to children. Should I marry her? He said: No. He came again to him, but he prohibited him. He came to him third time, and he (the Prophet) said: Marry women who are loving and very prolific, for I shall outnumber the peoples by you.

I said, "O Allah's Apostle! Which is the biggest sin?" He said, "To set up rivals to Allah by worshipping others though He alone has created you." I asked, "What is next?" He said, "To kill your child lest it should share your food." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

The Prophet said, "I am closer to the believers than their selves in this world and in the Hereafter, and if you like, you can read Allah's Statement: "The Prophet is closer to the believers than their own selves." (33.6) So, if a true believer dies and leaves behind some property, it will be for his inheritors (from the father's side), and if he leaves behind some debt to be paid or needy offspring, then they should come to me as I am the guardian of the deceased."

I wrote a letter to Nafi` and Nafi` wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet got Juwairiya on that day. Nafi` said that Ibn `Umar had told him the above narration and that Ibn `Umar was in that army.