Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Urwa ibn az-Zubayr told him that the Messenger of Allah, may Allah bless him and grant him peace, entered the house of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace. There was a child weeping in the house, and they told him that it was from the evil eye. Urwa said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why do you not find someone to make an incantation to protect it from the evil eye?' "

That he visited Al-Hajjaj (bin Yusuf). Al-Hajjaj said, "O son of Al-Akwa`! You have turned on your heels (i.e., deserted Islam) by staying (in the desert) with the bedouins." Salama replied, "No, but Allah's Apostle allowed me to stay with the bedouin in the desert." Narrated Yazid bin Abi Ubaid: When `Uthman bin `Affan was killed (martyred), Salama bin Al-Akwa` went out to a place called Ar- Rabadha and married there and begot children, and he stayed there till a few nights before his death when he came to Medina.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not mutilate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."

Allah's Apostle (p.b.u.h) offered the Fajr prayer when it was still dark, then he rode and said, 'Allah Akbar! Khaibar is ruined. When we approach near to a nation, the most unfortunate is the morning of those who have been warned." The people came out into the streets saying, "Muhammad and his army." Allah's Apostle vanquished them by force and their warriors were killed; the children and women were taken as captives. Safiya was taken by Dihya Al-Kalbi and later she belonged to Allah's Apostle go who married her and her Mahr was her manumission.

The Prophet passed by some persons of the tribe of Aslam practicing archery (i.e. the throwing of arrows) Allah's Apostle said, "O offspring of Ishmael! Practice archery (i.e. arrow throwing) as your father was a great archer (i.e. arrow-thrower). I am with (on the side of) the son of so-and-so-." Hearing that, one of the two teams stopped throwing. Allah's Apostle asked them, ' Why are you not throwing?" They replied, "O Allah's Apostle! How shall we throw when you are with the opposite team?" He said, "Throw, for I am with you all."

Bani An-Nadir and Bani Quraiza fought (against the Prophet violating their peace treaty), so the Prophet exiled Bani An-Nadir and allowed Bani Quraiza to remain at their places (in Medina) taking nothing from them till they fought against the Prophet again) . He then killed their men and distributed their women, children and property among the Muslims, but some of them came to the Prophet and he granted them safety, and they embraced Islam. He exiled all the Jews from Medina. They were the Jews of Bani Qainuqa', the tribe of `Abdullah bin Salam and the Jews of Bani Haritha and all the other Jews of Medina.

The Messenger of Allah (saws) as saying: No one withholds goods till their price rises but a sinner. I said to Sa'id (b. al-Musayyab): You withhold goods till their price rises. He said: Ma'mar used to withhold goods till their price rose.

Abu Dawud said: I asked Ahmad (b. Hanbal): What is hoarding (hukrah) ? He replied: That on which people live.

Abu Dawud said: Al-Auza'i said: A muhtakir (one who hoards) is one who withholds supply of goods in the market.

Ibn ‘Awn said “I wrote to Nafi’ asking him about summoning the polytheists (to Islam) at the time of fighting. So, he wrote to me “This was in the early days of Islam. The Prophet of Allaah(saws) attacked Banu Al Mustaliq while they were inattentive and their cattle were drinking water. So their fighters were killed and the survivors (i.e., women and children) were taken prisoners. On that day Juwairiyyah daughter of Al Harith was obtained. ‘Abd Allaah narrated this to me, he was in that army.”

Abu Dawud said “This is a good tradition narrtted by Ibn ‘Awn from Nafi’ and no one shared him in narrating it.”

A man came to Allah's Apostle and said, "O Allah's Apostle! By Allah, I fail to attend the morning congregational prayer because so-and-so (i.e., Mu`adh bin Jabal) prolongs the prayer when he leads us for it." I had never seen the Prophet more furious in giving advice than he was on that day. He then said, "O people! some of you make others dislike (good deeds, i.e. prayers etc). So whoever among you leads the people in prayer, he should shorten it because among them there are the old, the weak and the busy (needy having some jobs to do). (See Hadith No. 90, Vol. 1)

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."

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, "Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives.' "

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

Allah's Prophet Solomon who had sixty wives, once said, "Tonight I will have sexual relation (sleep) with all my wives so that each of them will become pregnant and bring forth (a boy who will grow into) a cavalier and will fight in Allah's Cause." So he slept with his wives and none of them (conceived and) delivered (a child) except one who brought a half (body) boy (deformed). Allah's Prophet said, "If Solomon had said; 'If Allah Will,' then each of those women would have delivered a (would-be) cavalier to fight in Allah's Cause." (See Hadith No. 74 A, Vol. 4).

Harmala, the freed slave of Usama bin Zaid said

that while he was in the company of 'Abdullah bin 'Umar, Al-Hajjaj bin Aiman came in and (while praying) he did not perform his bowing and prostrations properly. So Ibn 'Umar told him to repeat his prayer. When he went away, Ibn 'Umar asked me, "Who is he?" I said, "Al-Hajjaj bin Um Aiman." Ibn 'Umar said, "If Allah's Apostle saw him, he would have loved him." Then Ibn 'Umar mentioned the love of the Prophet for the children of Um Aiman. Sulaiman said that Um Aiman was one of the nurses of the Prophet.

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

The Messenger of Allah (saws) said: Some of my people will alight on low-lying ground, which they will call al-Basrah, beside a river called the Tigris over which there is a bridge. Its people will be numerous and it will be one of the capital cities of immigrants (or one of the capital cities of Muslims, according to the version of Ibn Yahya who reported from Abu Ma'mar).

At the end of time the descendants of Qantura' will come with broad faces and small eyes and alight on the bank of the river. The town's inhabitants will then separate into three sections, one of which will follow cattle and (live in) the desert and perish, another of which will seek security for themselves and perish, but a third will put their children behind their backs and fight the invaders, and they will be the martyrs.

The Prophet said, "Allah said: 'The son of Adam tells a lie against Me,, though he hasn't the right to do so. He abuses me though he hasn't the right to do so. As for his telling a lie against Me, it is his saying that I will not recreate him as I created him for the first time. In fact, the first creation was not easier for Me than new creation. As for his abusing Me, it is his saying that Allah has begotten children, while I am the One, the Self-Sufficient Master Whom all creatures need, I beget not, nor was I begotten, and there is none like unto Me."

Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers

I was with Allah's Apostle in one of the Markets of Medina. He left (the market) and so did I. Then he asked thrice, "Where is the small (child)?" Then he said, "Call Al-Hasan bin `Ali." So Al-Hasan bin `Ali got up and started walking with a necklace (of beads) around his neck. The Prophet stretched his hand out like this, and Al-Hasan did the same. The Prophet embraced him and said, "0 Allah! l love him, so please love him and love those who love him." Since Allah's Apostle said that. nothing has been dearer to me than Al-Hasan.

Hind bint `Utba bin Rabi`a said, "O Allah 's Apostle! (Before I embraced Islam), there was no family on the surface of the earth, I wish to have degraded more than I did your family. But today there is no family whom I wish to have honored more than I did yours." Allah's Apostle said, "I thought similarly, by Him in Whose Hand Muhammad's soul is!" Hind said, "O Allah's Apostle! (My husband) Abu Sufyan is a miser. Is it sinful of me to feed my children from his property?" The Prophet said, "No, unless you take it for your needs what is just and reasonable."

When the people of Medina dethroned Yazid bin Muawiya, Ibn `Umar gathered his special friends and children and said, "I heard the Prophet saying, 'A flag will be fixed for every betrayer on the Day of Resurrection,' and we have given the oath of allegiance to this person (Yazid) in accordance with the conditions enjoined by Allah and His Apostle and I do not know of anything more faithless than fighting a person who has been given the oath of allegiance in accordance with the conditions enjoined by Allah and His Apostle , and if ever I learn that any person among you has agreed to dethrone Yazid, by giving the oath of allegiance (to somebody else) then there will be separation between him and me."

I, along with a group of people, gave the pledge of allegiance to Allah's Apostle. He said, "I take your Pledge on the condition that you (1) will not join partners in worship with Allah, (2) will not steal, (3) will not commit illegal sexual intercourse, (4) will not kill your offspring, (5) will not slander, (6) and will not disobey me when I order you to do good. Whoever among you will abide by his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the punishment in this world, that punishment will be an expiation for his sins and purification; but if Allah screens him, then it will be up to Allah to punish him if He will or excuse Him, if He will."

An Ansari woman said to Allah's Apostle, "O Allah's Apostle! Shall I make something for you to sit on, as I have a slave who is a carpenter?" He replied, "If you wish." So, she got a pulpit made for him. When it was Friday the Prophet sat on that pulpit. The date-palm stem near which the Prophet used to deliver his sermons cried so much so that it was about to burst. The Prophet came down from the pulpit to the stem and embraced it and it started groaning like a child being persuaded to stop crying and then it stopped crying. The Prophet said,"It has cried because of (missing) what it use to hear of the religions knowledge."

When the tribe of Bani Quraiza was ready to accept Sa`d's judgment, Allah's Apostle sent for Sa`d who was near to him. Sa`d came, riding a donkey and when he came near, Allah's Apostle said (to the Ansar), "Stand up for your leader." Then Sa`d came and sat beside Allah's Apostle who said to him. "These people are ready to accept your judgment." Sa`d said, "I give the judgment that their warriors should be killed and their children and women should be taken as prisoners." The Prophet then remarked, "O Sa`d! You have judged amongst them with (or similar to) the judgment of the King Allah."

Muhammad b. Hatim said: The name of Al-Azdiyyah is Mussah and her patronymic name is Umm Busrah.

Abu Dawud said: The patronymic names of Kathir b. Ziyad s Abu Sahl.

I witnessed the Prophet when he was delivering the sermon on the Day of Nahr. A man stood up and said, "I thought that such and such was to be done before such and such. I got my hair shaved before slaughtering." (Another said), "I slaughtered the Hadi before doing the Rami." So, the people asked about many similar things. The Prophet said, "Do it (now) and there is no harm in all these cases." Whenever the Prophet was asked about anything on that day, he replied, "Do it (now) and there is no harm in it."

The Prophet (saws) said: The best number of companions is four, the best number in expeditions four hundred, and the best number in armies four thousand; and twelve thousand will not be overcome through smallness of numbers.

Abu Dawud said: What is correct is that this tradition is mursal (i.e. the link of the Companion is missing).

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.

Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."

Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

It has been narrated on the authority of Ibn Umar that the Jews of Banu Nadir and Banu Quraiza fought against the Messenger of Allah (may peace be upon him) who expelled Banu Nadir, and allowed Quraiza to stay on, and granted favour to them until they too fought against him Then he killed their men, and distributed their women, children and properties among the Muslims, except that some of them had joined the Messenger of Allah (may peace be upon him) who granted them security. They embraced Islam. The Messenger of Allah (may peace be upon him) turned out all the Jews of Medina. Banu Qainuqa' (the tribe of 'Abdullah b. Salim) and the Jews of Banu Haritha and every other Jew who was in Medina.