Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

'Imran b. Husain reported that a person bit the hand of a person. He withdrew his hand and his foretooth or foreteeth fell down. He (the man who lost his teeth) referred the matter to Allah's Messenger (may peace be upon him) and he said, What do you want me to do? Do you ask me that I should order him to put his hand in your mouth, and you should bite it as the camel bites? (If you want retaliation, then the only way out is) that you put your hand in his mouth (allow him) to bite that and then draw it away.

I was sleeping in the mosque on a cloak mine whose price was thirty dirhams. A man came and pinched it away from me. The man was seized and brought to the Messenger of Allah (saws). He ordered that his hand should be cut off. I came to him and said: Do you cut off only for thirty dirhams ? I sell it to him and make the payment of its price a loan ? He said: Why did you not do so before bringing him to me ?

Abu Dawud said: Za'idah has also transmitted it from Simak from Ju'ayd ibn Hujayr. He said: Safwan slept. Mujahid and Tawus said: While he was sleeping a thief came and stole the cloak from beneath his head. The version of AbuSalamah ibn AbdurRahman has: He snatched it away from beneath his head and he awoke. He cried and he (the thief) was seized. Az-Zuhri narrated from Safwan ibn Abdullah. His version has: He slept in the mosque and used his cloak as pillow. A thief came and took his cloak. The thief was seized and brought to the Prophet (saws).

On his father's authority, said that his grandfather told that a A man came to the Prophet (saws) crying for help. He said: His slave-girl, Messenger of Allah! He said: Woe to you, what happened with you ? He said that it was an evil one. He saw the slave-girl of his master; he became jealous of him, and cut off his penis. The Messenger of Allah (saws) said: Bring the man to me. The man was called, but people could not get control over him. The Messenger of Allah (saws) then said: Go away, you are free. He asked: Messenger of Allah! upon whom does my help lie? He replied: On every believer, or he said: On every Muslim.

Abu Dawud said: The name of the man who was emancipated was Rawh b. Dinar

Abu Dawud said: The man who cut off the penis was Zinba'

Abu Dawud said: The Zinba' Abu Rawh was master of the slave.

The Prophet (saws) said: Our Lord Most High is pleased with a man who fights in the path of Allah, the Exalted; then his companions fled away (i.e. retreated). But he knew that it was a sin (to flee away from the battlefield), so he returned, and his blood was shed. Thereupon Allah, the Exalted, says to His angels: Look at My servant; he returned seeking what I have for him (i.e. the reward), and fearing (the punishment) I have, until his blood was shed.

The Prophet in his fatal illness, called his daughter Fatima and told her a secret because of which she started weeping. Then he called her and told her another secret, and she started laughing. When I asked her about that, she replied, The Prophet told me that he would die in his fatal illness, and so I wept, but then he secretly told me that from amongst his family, I would be the first to join him, and so I laughed."

I heard the Messenger of Allah (saws) say: Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful.

I heard Allah's Apostle saying, "The example of a Mujahid in Allah's Cause-- and Allah knows better who really strives in His Cause----is like a person who fasts and prays continuously. Allah guarantees that He will admit the Mujahid in His Cause into Paradise if he is killed, otherwise He will return him to his home safely with rewards and war booty."

The Prophet said, "None of you should spit in front or on his right but he could spit either on his left or under his foot."

The Messenger of Allah (saws) used to place his right hand on his left hand, then he folded them strictly on his chest in prayer.

Abu Bakr kissed (the forehead of) the Prophet when he was dead. `Aisha added: We put medicine in one side of his mouth but he started waving us not to insert the medicine into his mouth. We said, "He dislikes the medicine as a patient usually does." But when he came to his senses he said, "Did I not forbid you to put medicine (by force) in the side of my mouth?" We said, "We thought it was just because a patient usually dislikes medicine." He said, "None of those who are in the house but will be forced to take medicine in the side of his mouth while I am watching, except Al-`Abbas, for he had not witnessed your deed."

The Prophet (saws) said: When one of you is fasting, he should break his fast with dates; but if he cannot get any, then (he should break his fast) with water, for water is purifying.

That he asked `Aisha "What did the Prophet use to do in his house?" She replied, "He used to keep himself busy serving his family and when it was the time for prayer he would go for it."

Whenever the Prophet returned from a journey and observed the walls of Medina, he would make his Mount go fast, and if he was on an animal (i.e. a horse), he would make it gallop because of his love for Medina.

Abu Taiba cupped Allah's Apostle so he ordered that he be paid one Sa of dates and ordered his masters to reduce his tax (as he was a slave and had to pay a tax to them).

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

The Prophet came out towards us, while carrying Umamah, the daughter of Abi Al-As (his granddaughter) over his shoulder. He prayed, and when he wanted to bow, he put her down, and when he stood up, he lifted her up.

The Messenger of Allah (saws) forbade wearing clothes in two styles: that a man sits in a single garment with his hands round his knees and uncover his private parts towards heaven and that he wears his garment while one of his sides is uncovered, and puts the garment on his shoulders.

Once Allah's Apostle came to us and we brought out water for him in a brass pot. He performed ablution thus: He washed his face thrice, and his forearms to the elbows twice, then passed his wet hands lightly over the head from front to rear and brought them to front again and washed his feet (up to the ankles).

From his father, from his grandfather that he heard the Messenger of Allah (saws) delivering a Khutbah in which he said: "Whoever gives a writ of emancipation to his slave, for one hundred Uqiyyah, and he pays it to him less then ten Uqiyah." - or he said: "Ten Dirham" - "then he becomes incapable (of paying the remainder), the he remains a slave."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. And this acted upon according to most of the people of knowledge among the Companions of the Prophet (saws) and others: The Mukatab is a slave as long as something remains due from him for his Kitabah.

Al-Hajjaj bin Artat reported similarly from 'Amr bin Shu'aib.

That Ka`b bin Malik told him that in the lifetime of Allah's Apostle he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah's Apostle heard them while he was in his house. So he lifted the curtain of his room and called Ka`b bin Malik saying, "O Ka`b!" He replied, "Labbaik! O Allah's Apostle!" He beckoned to him with his hand suggesting that he deduct half the debt. Ka`b said, "I agree, O Allah's Apostle!" Allah's Apostle then said (to Ibn Abu Hadrad), "Get up and pay him the rest."

A meal was brought to `Abdur-Rahman bin `Auf while he was fasting. He said, "Mus`ab bin `Umar was martyred, and he was better than I, yet he was shrouded in a Burda (i.e. a sheet) so that, if his head was covered, his feet became naked, and if his feet were covered, his head became naked." `Abdur-Rahman added, "Hamza was martyred and he was better than 1. Then worldly wealth was bestowed upon us and we were given thereof too much. We are afraid that the reward of our deeds have been given to us in this life." `Abdur-Rahman then started weeping so much that he left the food.

I heard the Messenger of Allah (saws) say: In eloquence there is magic, in knowledge ignorance, in poetry wisdom, and in speech heaviness.

Sa'sa'ah ibn Suhan said: The Prophet of Allah (saws) spoke the truth. His statement "In eloquence there is magic" means: (For example), there is a right due from a man who is more eloquent in reasoning than the man who is demanding his right. He (the defendant) charms the people by his speech and takes away his right. His statement "In knowledge there is ignorance" means: A scholar brings to his knowledge what he does not know, and thus he becomes ignorant of that. His statement "In poetry there is wisdom" means: These are the sermons and examples by which people receive admonition. His statement "In speech there is heaviness" means: That you present your speech and your talk to a man who is not capable of understanding it, and who does not want it.

Whenever the Prophet took the bath of Janaba (sexual relation or wet dream) he asked for the Hilab or some other scent. He used to take it in his hand, rub it first over the right side of his head and then over the left and then rub the middle of his head with both hands.

The Prophet (saws) offered the noon prayer, and then rode on his mount. When he came to the hill of al-Bayda', he raised his voice in talbiyah.

'Abdullah b. Shakhkhir narrated it on the authority of his father that he said prayer with the Messenger of Allah (may peace be upon him), and he spat and then rubbed it off with his left shoe.

Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (saws) was moving a morsel around his mouth.

He then said: I find the flesh of a sheep which has been taken without its owner's permission.

The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.

The Messenger of Allah (saws) said: Give this food to the prisoners.

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."