Yahya related to me from Malik from Yahya ibn Said that Abdullah ibn Ayyash ibn Abi Rabia al-Makhzumi ordered one of his slaves to slaughter an animal. When he wanted to slaughter it, he said to him, "Mention Allah's name." The slave said to him, "I have mentioned the name!" He said to him, "Mention the name of Allah, bother you!" He said to him, "I have mentioned the name of Allah " Abdullah ibn Ayyash said, "By Allah, I shall never eat it!"

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

I asked the Prophet, "What is the best deed?" He replied, "To believe in Allah and to fight for His Cause." I then asked, "What is the best kind of manumission (of slaves)?" He replied, "The manumission of the most expensive slave and the most beloved by his master." I said, "If I cannot afford to do that?" He said, "Help the weak or do good for a person who cannot work for himself." I said, "If I cannot do that?" He said, "Refrain from harming others for this will be regarded as a charitable deed for your own good."

I and `Uthman bin `Affan went to Allah's Apostle and said, "O Allah's Apostle! You have given to Bani Al-Muttalib and left us although they and we are of the same kinship to you." Allah's Apostle said, "Bani Muttalib and Bani Hashim are one and the same." The Prophet did not give a share to Bani `Abd Shams and Bani Naufai. (Ibn 'Is-haq said, "Abd Shams and Hashim and Al-Muttalib were maternal brothers and their mother was 'Atika bint Murra and Naufal was their paternal brother.)

Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."

Malik added, "That is what is done in our community."

Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."

"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."

"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

Jabir reported that a person among the Ansar who was called Abu Madhkur granted posthumous freedom to his slave who was called Ya'qub. The rest of the hadith is the same.

A hadith like this has been reported from the Apostle of Allah (may peace be upon him) by 'Abd al-Malik with the same chain of transmitters in connection with fast.

Yahya related to me from Malik from Yahya ibn Said that Umar ibn Abd al-Aziz once sacrificed a camel during a hajj or an umra.

'Abd al-Rahman b. 'Uthman al-Taimi reported that Allah's Messenger (may peace be upon him) forbade taking into custody the stray thing of the pilgrims.

I saw Allah's Apostle and there was none with him but five slaves, two women and Abu Bakr (i.e. those were the only converts to Islam then).

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

Abdullah, the freed slave of Shahddad, came to 'A'isha and transmitted from her a hadith like this (which she narrated) from the Holy Prophet (may peace be upon him).

The Prophet (saws) said: If anyone buys a slave who possesses property, his property belongs to the seller unless the buyer makes a proviso.

Malik related to me from Nafi that Abdullah ibn Umar made two of his slave-girls mudabbara, and he had intercourse with them while they were mudabbara.

The Prophet said that his Lord said: "It does not befit a slave that he should say that he is better than Jonah (Yunus) bin Matta.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that al-Qasim ibn Muhammad had done the same as Ibn Umar.

Abu Musa reported that Allah's Messenger (may peace be upon him) said about one who emancipated a slave woman, and then married her, that for him there are two rewards.

The Prophet said, "If a slave serves his Saiyid (i.e. master) sincerely and worships his Lord (Allah) perfectly, he will get a double reward."

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."

The Prophet sent Khalid bin Al-Walid to the tribe of Jadhima and Khalid invited them to Islam but they could not express themselves by saying, "Aslamna (i.e. we have embraced Islam)," but they started saying "Saba'na! Saba'na (i.e. we have come out of one religion to another)." Khalid kept on killing (some of) them and taking (some of) them as captives and gave every one of us his Captive. When there came the day then Khalid ordered that each man (i.e. Muslim soldier) should kill his captive, I said, "By Allah, I will not kill my captive, and none of my companions will kill his captive." When we reached the Prophet, we mentioned to him the whole story. On that, the Prophet raised both his hands and said twice, "O Allah! I am free from what Khalid has done."

Abu Dawud said : ‘Abd Allah al-‘Umari narrated it from Nafi’ through his chain : “on every Muslim.” The version of Sa’id al-Jumahi has : “Among the Muslims.” The well-known version transmitted by ‘Ubaid Allah does not mention the words “among the Muslims”

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."

Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves.

Malik added that he had heard that the man did not have any property other than them.

Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Abdullah ibn Amr ibn al-Hadrami brought a slave of his to Umar ibn al-Khattab and said to him, "Cut off the hand of this slave of mine. He has stolen." Umar said to him, "What did he steal?" He said, "He stole a mirror belonging to my wife. Its value was sixty dirhams." Umar said, "Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings."

Malik related to us from Abdullah ibn Yazid the mawla of al-Aswad ibn Sufyan, from Abu Salama ibn Abd ar-Rahman from Muhammad ibn Abd ar-Rahman ibn Thawban from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the heat is fierce delay the prayer until it gets cooler, for scorching heat is a part of the blast of Jahannam."

He added, "The Fire complained to its Lord, so He allowed it two breaths in each year, a breath in winter and a breath in summer."

And with this (same) chain, (it was reported) from the Prophet (saws) who said: "Indeed greater reward comes with greater trial. And indeed, when Allah loves a people He subjects them to trials, so whoever is content, then for him is pleasure, and whoever is discontent, then for him is wrath."