From his father, from his grandfather that he said: "I ate bustard meat with the Messenger of Allah (saws)."

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except from this route. Ibn Abi Fudaik reported from Ibrahim bin 'Umar bin Safinah and he has been called Buraih bin 'Umar bin Safinah.

That the Messenger of Allah (saws) said: "Let one of you not consider any good to be insignificant. If he has nothing, then let him meet his brother with a smiling face. If you buy some meat or cook something in a pot, then increase its broth, and serve some of it to your neighbor."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Shu'bah reported it from Abu 'Imran Al-Jawni.

"Indeed Khamr comes from wheat."

[After mentioning this, he said:] and this is more correct than the narration of Ibrahim bin Muhajir (no. 1872). 'Ali bin Al-Madini said: "Yahya bin Sa'eed said: 'Ibrahim bin Al-Muhajir is not strong [in Hadith].'" And it has also been reported through other rotes from Ash-Sha'bi, from An-Nu'man bin Bashir.

From Abu Hurairah who said: "The price of a dog was prohibited, except for the hunting dog."

[Abu 'Eisa said:] This Hadith is not correct from this route. Abu Al-Muhazzim's name is Yazid bin Sufyan, and Shu'bah bin Al-Hajjaj criticized him and graded him weak. Similar to this has been reported from Jabir, from the Prophet (saws), but its chain is also not correct.

“It is a river in Paradise.” He said: “The Prophet (SAW) said: ‘I saw a river in Paradise, whose banks had tents were made of pearl. I said: “What is this O Jibril?’” He said: “This is Al-Kauthar which Allah has granted you.”

"The Messenger of Allah (SAW) said to me: 'O my son! If you are capable of (waking up in) the morning and (ending) the evening, while there is nothing of deception in your heart for anything, then do so.' Then he said to me: 'O my son! That is from my Sunnah. Whoever revives my Sunnah then he has loved me. And whoever loved me, he shall be with me in Paradise.'"

that some women from the inhabitants of Hims, or from the inhabitants of Ash-Sham entered upon 'Aishah, so she said: "Are you those whose women enter the Hammamat? I heard the Messenger of Allah (SAW) saying: 'No woman removes her garments in other than the house of her husband except that she has torn the screen between herself and her Lord.'"

that the Messenger of Allah (SAW) said: "Indeed Allah has ordered me to love four, and He informed me that He loves them." It was said: "O Messenger of Allah! Name them for us." He said: "'Ali is among them," saying that three times, "And Abu Dharr, Al-Miqdad, and Salman. And He ordered me to love them, and He informed me that He loves them."

that the Messenger of Allah (SAW) said: "Indeed, every Prophet has a Hawari and, [indeed], my Hawari is Az-Zubair [bin Al-'Awwam]." And Abu Na'im added in it: "On the Day of Al-Ahzab, he (SAW) said: 'Who will bring us news about their party?' Az-Zubair said: 'I will.' He said it three times. Az-Zubair said (each time): 'I will.'"

that the Messenger of Allah (SAW) said: "The Best houses of the Ansar are the houses of Banu An-Najjar, then the house of Banu 'Abdul-Ashhal, then Banu Al-Harith bin Al-Khazraj, then Banu Sa'idah. And in all of the houses of the Ansar there is good." So Sa'd said: "I do not see except that the Prophet (SAW) has preferred everyone over us." So it was said: "He preferred you over many."

Messenger of Allah (PBUH) said, "He who performs his Wudu' perfectly and comes to Jumu'ah prayer and listens (to the Khutbah) silently, the sins which he has committed since the previous Friday plus three more days (i.e., 10 days) will be forgiven for him. One who distracts himself with pebbles during the Khutbah will not get the (Jumu'ah) reward".

[Muslim].

My mother came to me while she was still a polytheist, so I asked Messenger of Allah (PBUH), "My mother, who is ill-disposed to Islam, has come to visit me. Shall I maintain relations with her?" He (PBUH) replied, "Yes, maintain relations with your mother".

[Al- Bukhari and Muslim].

We were in the company of Messenger of Allah (PBUH) when we heard a bang. Thereupon Messenger of Allah (PBUH) said. "Do you know what this (sound) is?" We said, "Allah and His Messenger know better." He (PBUH) said, "That is a stone which was thrown into Hell seventy years before and it has just reached its bottom".

[Muslim].

Messenger of Allah (PBUH) said, "I guarantee a house in Jannah for one who gives up arguing, even if he is in the right; and I guarantee a home in the middle of Jannah for one who abandons lying even for the sake of fun; and I guarantee a house in the highest part of Jannah for one who has good manners."

[Abu Dawud].

A woman came to the Prophet (PBUH) and said: "O Messenger of Allah! I have a daughter who had an attack of small pox and her hair fell off. Now I want to celebrate her marriage. Can I get her a wig?" Thereupon the Prophet (PBUH) said, "Allah has cursed the maker and wearer of a wig."

[Al-Bukhari and Muslim].

The Prophet (PBUH) saw me dressed in two saffron-coloured garments and asked, "Has your mother commanded you to wear these?" I asked him, "Shall I wash them out?" He replied, "You had better set them to fire."

Another narration is: "These are garments of the disbelievers. So do not wear them."

[Muslim].

If a man has only one garment, let him wrap it around his waist and then pray, for I heard 'Umar bin al-Khattab say that, and he said: Do not wrap it around the whole body if it is only one garment, as the Jews do. Nati' said: If I tell you that he attributed that to the Messenger of Allah ﷺ, I hope that I would not be lying.

Ibn Jurmooz asked for permission to enter upon ‘Ali (رضي الله عنه). He said: Who is this? They said: Jurmooz is asking for permission to enter upon you. He said: Let him in; let the killer of Az-Zubair enter the Fire, I heard the Messenger of Allah (ﷺ) say: “Every Prophet (ﷺ) has a disciple and my disciple is Az-Zubair.”

The Messenger of Allah (ﷺ) sent me, az-Zubair and Abu Marthad on a mission, and we were all horsemen. He said: “Set out until you reach Rawdat Khakh` - this is how Abu `Awanah said it - “and there you will find a woman who has a letter from Hatib bin Abi Balta`ah to the mushrikeen.” And he quoted the hadeeth at length.

I heard Jurayy bin Kulaib say: I heard ‘Ali (رضي الله عنه) say: The Messenger of Allah (ﷺ) forbade (sacrificing) an animal that had lost most of its horn or ear. Qatadah said: I asked Sa`eed bin Al-Musayyab: What does lost most of its ear mean? He said: If it has lost half or more of it.

I heard `Ali (رضي الله عنه) say: A man from among Ahlus-Suffah died and it was said: O Messenger of Allah (ﷺ), he has left behind a dinar and a dirham. He said: “Two brands. Offer the funeral prayer for your companion.` Habban bin Hilal told us: Ja`far told us... and he narrated a similar report.

Abu Huraira reported God’s messenger as saying, “Avoid the seven noxious things." When his hearers asked, “What are they, messenger of God?" he replied, “Associating anything with God, magic, killing one whom God has declared inviolate without a just cause, devouring usury, consuming the property of an orphan, turning back when the army advances, and slandering chaste women who are believers but indiscreet." (Bukhari and Muslim.)

I saw Ibn ‘Umar make his camel kneel facing the qibla, then sit down and pass water in its direction, so I said, “Abu ‘Abd ar-Rahman, [Ibn ‘Umar's kunya] has this not been forbidden?” He replied, “No, that was forbidden only in open country; but when there is something between you and the qibla to conceal you, there is no harm.” Abu Dawud transmitted it.

‘Amr b. Shu'aib, quoting his father on the authority of his grandfather, said that a nomadic Arab came to the Prophet and asked him about ablution. He demonstrated it, performing each detail three times and then said, “This is how ablution should be performed. If anyone does more than this, he has done wrong, transgressed, and done wickedly.” Nasa’i and Ibn Majah transmitted it, and Abu Dawud transmitted something to the same effect.

‘Adi b. Thabit quoted his father as saying that his grandfather (‘Adi's grandfather’s name is given as Dinar by Yahya b. Ma'in) reported the Prophet as saying regarding a woman who has a prolonged flow of blood that she should abandon prayer during as many days as she used to have her courses, then wash, perform ablution for every prayer, fast and pray. Tirmidhi and Abu Dawud transmitted it.

‘Abdallah b. Mas'ud reported God's messenger as saying, “If anyone comforts one who has been afflicted he will have a reward equivalent to his.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition which was known to him as traced back to the Prophet only among the traditions of ‘Ali b. ‘Asim the transmitter. He added that some transmitted it with this isnad from Muhammad b. Suqa in mauquf form.

Abu Huraira reported God’s messenger as saying, “The believing man or woman continues to have affliction in person, property and children so that they (this is a little difficult to translate. The Arabic has “he”, but the pronoun refers to the man or woman mentioned. I have therefore compromised by using the plural) may finally meet God free from sin.” Tirmidhi transmitted it, and Malik transmitted something similar. Tirmidhi said this is a hasan sahih tradition.

Ibn Mas'ud said that God’s Messenger saw a woman who charmed him, so he went to Sauda who was making perfume in the company of some women. They left him, and after he had satisfied his desire he said, “If any man sees a woman who charms him he should go to his wife, for she has the same kind of thing as the other woman.” Darimi transmitted it.

Bahz b. Hakim, on his father’s authority, told that his grandfather reported God’s Messenger as saying, "Cover your private parts, except from your wife or your female slave,” and said he asked him to tell him what a man might do when alone. He replied, "God has most right to modesty from you.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Abu Sa'id and Ibn ‘Abbas reported God’s Messenger as saying, “He who has a son born to him should give him a good name and a good education and marry him when he reaches puberty. If he does not marry him when he reaches puberty and He commits sin, its guilt rests only upon his father." Baihaqi transmitted in Shu'ab al-iman.

Sa'id b. al-Musayyib reported ‘Umar b. al-Khattab as saying, “If any woman is divorced and has one or two menstrual periods then stops menstruating she must wait nine months, and if it is apparent that she is pregnant the rules concerning that are applied; otherwise she must observe a period of three months after the nine months are ended, after which she may lawfully remarry. Malik transmitted it.

‘A’isha reported God’s Messenger as saying, “The testimony of a deceitful man or woman, or of one who has been flogged for transgressing the bounds set by God, or of one who harbours rancour against his brother, or of one suspected regarding the patrons he claims or relationship, or of one who is dependent on a family is not allowable." Tirmidhi transmitted it, saying this is a gharib tradition and that the traditions of Yazid b. Ziyad ad-Dimashqi, the transmitter, are rejected.

‘Abdallah b. Ghannam reported God’s messenger as saying, that if anyone says in the morning, "O God, whatever favour has come to me or to any of Thy creatures in the morning, it comes from Thee alone who hast no partner, to whom be praise and thanksgiving," he will have expressed full thanksgiving for the day; and if anyone says the same in the evening he will have expressed full thanksgiving for the night. Abu Dawud transmitted it.

Ibn ‘Abbas reported the Prophet as saying, “When a man calls another a Jew give him twenty lashes, when he calls someone a mukhannath* give him twenty lashes, and kill anyone who has intercourse with a woman who is within the prohibited degress.” Tirmidhi transmitted it, saying this is a gharib tradition. * Mukhannaths were sexually abnormal men who imitated women. Some of them were signets.

Buraida said that he heard God’s Messenger say, “A human being has three hundred and sixty joints for each of which he must give alms.” On being asked who was capable of doing that he replied, “It may be mucus in the mosque which you bury, and something which you remove from the road; but if you do not find such, two rak'as in the forenoon will suffice you.” Abu Dawud transmitted it.

Zaid b. Arqam said the companions of God’s Messenger asked him the significance of these sacrifices and he replied, “It is a custom which has come down from your father Abraham." They asked what reward they would receive for them and he replied, “For every hair you will receive a blessing." They asked about wool, and he replied, “For every strand of wool you will receive a blessing." Ahmad and Ibn Majah transmitted it.

‘ Amr b. Shu'aib, on his father’s authority, told that his grandfather reported God’s messenger as saying, “God likes the mark of His favour to be seen on his servant.” (People whom God has prospered should wear clothes suitable for their station, for the poor may recognise them as people able to give charity. The learned should not conceal their learning, so that others may benefit from it) Tirmidhi transmitted it.

'Amr b. Shu'aib, on his father's authority, said his grandfather told that God’s messenger was asked about the ‘aqiqa and replied, “God does not like the breaking of ties (‘uquq),” as though he disliked the name. And he said, “If anyone has a child born to him and wishes to offer a sacrifice on its behalf, he may offer two sheep for a boy and one for a girl. Abu Dawud and Nasa’i transmitted it.

"He who sees me in a dream will see me when awake*, for the devil, does not take my likeness.” (Bukhari and Muslim.) * This tradition has Caused some difficulty. It is suggested that if it refers to people in the Prophet’s time who have not yet emigrated to Medina, it means that they will emigrate and see the Prophet there; if it refers to people of later times, it means that they will see him in the next world.

Abu Qatada reported the Prophet as saying, “The best type of horse is the black one with a blaze on its face and a white spot on its upper lip* next comes the horse with a blaze on its face and white on the legs, except on a right one. If it is not black, then a dark bay horse with those markings.” * Artham. This may mean either that it has a white spot on its upper lip, or on the point of its nose. Tirmidhi and Darimi transmitted it.

‘Abdallah b. ‘Aun said that Nafi‘ wrote to tell him that Ibn ‘Umar informed him the Prophet made an attack on the B. al-Mustaliq attacking their camels in al-Muraisi‘.* He killed the fighting men and took the children captive. * Ibn Ishaq says this expedition took place in Sha'ban, 6 A.H., but this has been questioned, Muraisi’ was a watering-place belonging to the B. al-Mustaliq. (Bukhari and Muslim.)

Anas told that when God's messenger was asked what al-Kauthar[*] was he replied, "That is a river God has given me (meaning in paradise), whiter than milk and sweeter than honey, containing birds whose necks are like the necks of sacrificial camels." `Umar remarked, "These have a pleasant life," and God's messenger replied, "Those who eat them have a pleasanter life." *Quran; 108 Tirmidhi transmitted it.

I served God's messenger for ten years from the time I was eight years old and he never blamed me for anything which was destroyed at my hand. If any member of his family blamed me, he said, "Leave him alone, for if anything were decreed it would happen." This is the wording in al-Masabih, and Baihaqi has a slightly different version in Shu'ab al-iman.

When the Messenger of Allah (SAW) started to pray, he would say Takbir, then say: "Wajahtu wajhi lilladhi fataras-samawatiwal-arda hanifan wa ma ana minal-mushrikin. Inna salati wa nusuki wa mahyaya wa mamati lillahi rabbil-alamin, la sharika lahu, wa bidhalika umirtu wa ana min al-muslimin. Allahumma! Antal-maliku la ilaha illa ant, ana abduka zalamtu nafsi wa'taraftu bidhanbi faghfirli dhunubi jami'an, la yaghfirudhunuba illa anta, wahdini lihasanil-ahklaqi, la yahdi li ahsaniha illa anta wasrif anni sayy'aha la yasrifu anni sayy'aha illa anta, labaika wa sa'daika, wal-khairu kulluhu fi yadaika wash-sharru laisa ilaika ana bika wa ilaika ana bika wa ilaika tabarkta wa ta'alaita astaghfiruka wa atubu ilaik. (Verily, I have turned my face toward Him who created the Heavens and the Earth hanifa (worhsipping none but Allah Alone), and I am not of the idolaters. Verily, my salah, my sacrifice, my living, and my dying are for Allah, the Lord of the all that exists. He has no partner. And of this I have been commanded, and I am one of the Muslims. O Allah, You are the Sovereign and there is none worthy of worship but You. I am Your slave, I have wronged myself and I acknowledge my sin. Forgive me all my sins for no one forgives sins but You. Guide me to the best of manners for none can guide to the best of them but You. Protect me from bad manners for none can protect against them but You. I am at Your service, all goodness is in Your hands, and evil is not attributed to You. I rely on You and turn to You, blessed and exalted are You, I seek Your forgiveness and repent to You."

He heard Abu Musa say: "The Prophet of Allah (SAW) addressed us and taught us our Sunnah and our prayer. He said: 'When you pray, make your rows straight and let one of you lead you in prayer. When the Imam says the takbir, then say the takbir. When he recites 'Not (the way) of those who earned Your anger, nor those who went astray' then say: "Amin" and Allah will answer you. When he says the takbir and bows, then say the takbir and bow. The Imam bows before you do and stands up before you do.' The Prophet of Allah (SAW) said: 'This makes up for that. And when he says: "'Sami Allahu liman hamidah (Allah hears the one who praises Him),' then say: "Allahumma Rabbana wa lakal-hamd (O Allah, our Lord, and to You be the praise), " Allah will hear you, for Allah has said on the lips of His Prophet (SAW): "Allah hears the one who praises Him." And when he (the Imam) says the takbir and prostrates, then say the takbir and prostrate. The Imam prostrates before you do and sits up before you do.' The Prophet of Allah (SAW) said: 'This makes up for that. And when he is sitting, let the first thing that any one of you says be: At-tahiyaatut-tayyibatus-salawatuLillah, salamun 'alayka ayyuhanabiyyu wa rahmatullahi wa barakatuhu, salamun 'alayna wa 'ala 'ibadillahis-salihin, ashhadu an la ilaha ill-Allah wa ashhadu anna Muhammadan 'abduhu wa rasuluh (All compliments, good words and prayers are due to Allah, peace be upon you O Prophet, and the mercy of Allah and His blessings. Peace be upon us and upon the righteous slaves of Allah. I bear witness that there is none worthy of worship except Allah and I bear witness that Muhammad is His slave and Messenger)- seven phrases which are the greeting of the prayer.'"

"By Allah, she is not entitled to any provision. So, she sent to Al-Harith bin Hisham and 'Ayyash asking them for the provisions from us unless she is pregnant, and she has no right to live in our house unless we permit her." Fatimah said that she went to the Messenger of Allah and told him about that and he said that they had told the truth. She said: "I said: 'Where shall I move to, O Messenger of Allah?' He said: 'Move to the house of Ibn Umm Maktum' -who was the blind man, concerning whom Allah rebuked him in His Book. I moved to his house, and I used to take off my outer garments." Then the Messenger of Allah married her to Usamah bin Zaid.

"I heard Ka'b bin Malik telling the story of when he stayed behind from going out on the campaign of Tabuk with the Messenger of Allah (PBUH). He said: 'The Messenger of Allah (PBUH) came back in the morning, and when he came back from a journey he would go to the Masjid first and pray two Rak'ahs there, then he would sit to (meet with) the people. When he did that, those who had stayed behind came to him and started giving their excuses, swearing by Allah. There were eighty-odd men, and the Messenger of Allah (PBUH) accepted what they declared and accepted their oaths of allegiance; he prayed for forgiveness for them and left whatever was in their hearts to Allah. Then when I came and greeted him, he smiled as one who is angry, then he said: 'Come here.' So I came and sat in front of him, [1] and he said: 'What kept you behind? Did you not buy a mount?' I said: 'O Messenger of Allah, if I were to sit before anyone other than you of those who hold high positions in this world, I would find a way to avoid his anger. I am an eloquent man but, by Allah, I know that if I were to tell you a lie today to make you pleased with me, Allah would soon make you angry with me, but if I tell you the truth, it will make you angry with me, but I will still have the hope that Allah may forgive me. I have never been in a better position, physically or financially, than the time when I stayed behind and did not join you.' The Messenger of Allah (PBUH) said: 'This man has spoken the truth. Go away until Allah decides concerning you.' So I got up and went away." This is an abridged version of narration. [1] It is this which the author cited the narration for. While the absence of the mention of a thing - in this case prayer - is not a proof that it does not exist.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

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."

“We were with the Messenger of Allah (SAW) and Amr bin Murrah came and said: 'O Messenger of Allah (SAW), Allah (SWT) has decreed that I be doomed, and He has not guided me to earn a living except by beating my tambourine with my hand; give me permission to sing without doing anything immoral.' The Messenger of Allah (SAW) said: 'I will not give you permission, or honor you nor give you, what you want. You are lying, O enemy of Allah. Allah (SWT) has granted you a good, lawful provision, but you have chosen the provision that Allah (SWT) has forbidden to you instead of that which He has permitted. If I had warned you before, I would have done such and such to you. Get away from me and repent to Allah (SWT). If you do that again, after this warning, I will give you a painful beating and shave your head, to make an example of you, and I will banish you from among your people, and tell the young men of Al-Madinah to come and take your goods,'Amr stood up, suffering grief and humiliation that is known only to Allah (SWT). When he went away, the Prophet (SAW) said: 'Those sinners, whoever among them dies without having repented, Allah (SWT) will gather him on the Day of Resurrection just as he was in this world, effeminate and naked, with not even a piece of cloth to conceal him from the people. Every time he gets up, he will fall to the ground.'”