Abu-d Darda’ said that when the Prophet passed a woman who was near the time to be delivered of a child he asked about her and was told that she was so and so’s slave woman. He asked whether he was having sexual intercourse with her, and when he was told that he was, he said, “I am inclined to invoke a curse on him which will enter his grave with him. How can he take the child into his service when that is not lawful for him, or how can he make it an heir when that is not lawful for him?”* * The reason for the curse is said to be because he did wait the prescribed period after acquiring the woman and so could not know whether the child was his or not. If he treated the child as a slave he might be enslaving his own son, and if he treated it as an heir he might be doing this to one who was not his son. Muslim transmitted it.

'Abdallah b. Mas'ud reported God’s messenger as saying, "He who beats the cheeks, tears the front of the garments, and cries out as people did in pre-Islamic times, does not belong to us." (Bukhari and Muslim.)

Ibn ‘Umar told that he heard God’s Messenger say, “If anyone beats a servant for an offence he did not commit, or slaps him, the atonement due from him is to set him free.” Muslim transmitted it.

Ibn Abbas was asked by a man about this Ayah: O you who believe! Verity, among your wives and your children there are enemies for you; therefore beware of them! He said: “These are men who submitted (to Islam) in Makkah, and they wanted to come to the Prophet but their wives and children refused to allow them to come to the Messenger of Allah. So when they came to the Messenger of Allah, they saw that the people had gained such understanding in the religion that they wanted to punish them (their families). So Allah revealed the Ayah: O you who believe! Verily, among your wives and your children there are enemies for you; therefore beware of them!”

I was with God’s Messenger along with some people when he was saying, “I intended to prohibit suckling during pregnancy* but I considered the Greeks and the Persians and saw that they suckled their children during pregnancy without any injury being caused to their children thereby.” Then they asked him about withdrawing the penis and God’s Messenger replied, “That is the secret burying alive” and reference is made to it in the words, “When the girl buried alive will be asked (Al-Qur’an 81:8).” *(Ghila. It means either suckling during pregnancy, or intercourse with a woman while she is suckling a child. Muslim transmitted it.

"A man sought a mount from the Messenger of Allah who said: 'Indeed, I will let you ride on a she-camel's child.' So he said: 'O Messenger of Allah! What can ashe-camel's child do?' So the Messenger of Allah said: 'Are camels borne from other than she-camels?'"

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

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

Entered upon her and there were two girls with her beating the duff and singing, and the Messenger of Allah (SAW) was covered with his garment. He uncovered his face and said: "Let them be there, O Abu Bakr, for these are the days of 'Eid." Those were the days of Mina and the Messenger of Allah (SAW) was in Al-Madinah on that day."

that the Messenger of Allah (SAW) said: "Indeed Allah has chosen Isma'il from the children of Ibrahim, and He chose Banu Kinanah from the children of Isma'il, and He chose the Quraish from Banu Kinanah, and He chose Banu Hashim from Quraish, and He chose me from Banu Hashim."

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

My masters married me to a Roman slave girl of theirs and she bore me a black boy. Then she fell in love with a Roman slave whose name was Yuhannas, and he spoke to her in their language. Then she got pregnant. She had borne me a child who was black like me, then she gave birth to a boy who looked like a lizard (i.e., was very fair). I said to her: What is this? She said: He is the child of Yuhannas. I asked Yuhannas and he admitted it, I went to ‘Uthman bin ‘Affan (رضي الله عنه) and told him about that. He sent for them and asked them, then he said: I will pass judgement between you according to the judgement of the Messenger of Allah (ﷺ); the child is to be attributed to the (husband of the) woman, and the fornicator gets nothing. He attributed the child to me and flogged them both. then later on she gave birth to a black chıld

"I will not be pleased until you ask the Messenger of Allah to bear witness." He said: "O Messenger of Allah, the mother of this boy, the daughter of Rawahah, insisted that I give a gift to him." The Messenger of Allah said: "O Bashir, do you have any other children besides this one?" He said: "Yes." The Messenger of Allah said: "Have you given all of them a gift like that which you have given to this son of yours?" He said: "No." The Messenger of Allah said: "Then do not ask me to bear witness, for I will not bear witness to unfairness."

"My mother asked my father for a gift and he gave it to me. She said: 'I will not be contented until you ask the Messenger of Allah to bear witness.' So my father took me by the hand, as I was still a boy, and went to the Messenger of Allah. He said: 'O Messenger of Allah, the mother of this boy, the daughter of Rawahah, asked me for a gift, and she wanted me to ask you to bear witness to that.' He said: 'O Bashir, do you have any other child apart from this one?' He said: 'Yes.' He said: 'Have you given him gifts like that which you have given to this one?' He said: 'No.' He said: 'Then do not ask me to bear witness, for I will not bear witness to unfairness.'"

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

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

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

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

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

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

yes.

Messenger of Allah, our Imam is ill. He said : When he prays sitting, pray sitting.

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

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

“The child is for the bed, and for the fornicator is the stone.”

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told of a man coming to the Prophet and saying, “I have property and my father is in need of my property.” He replied, “You and your property belong to your father. Your children are among the finest things you acquire. Eat of what your children acquire.” Abu Dawud and Ibn Majah transmitted it.

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

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

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

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

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

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

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."

‘Amr b. Shu'aib, on his father’s authority, said that his grandfather told that God’s Messenger, Abu Bakr and ‘Umar burned the belongings of anyone who was dishonest about booty and beat him. Abu Dawud transmitted it.

Ibn ‘Abbas reported God’s messenger as saying, “If any member of my people has two children who die before him, God will cause him to enter paradise on their account.” ‘A’isha asked, “Does it apply to a member of your people who has one child who dies before him?” He replied, “It does, you who have been helped by God to ask this.” She then asked, “What about a member of your people who has no children who die before him?” He replied, “I am the one who dies before my people, and they will never suffer any loss to compare with the loss of me.” Tirmidhi transmitted it, saying this is a gharib tradition.

When a man's child dies God most high asks His angels whether they have taken His servant's child and they reply that they have. He then asks whether they have taken the fruit of his heart (This is said by some to mean either children or grandchildren, and a basis for that meaning is found in Qur’an, ii, 155, where the plural ath-thamarat is interpreted that way), and when they reply that they have, He asks what His servant said. On their replying that he praised God and said, “We belong to God and to Him do we return,” God says, “Build a house in paradise for my servant and call it the house of praise.” Ahmad and Tirmidhi transmitted it.

That a man from the Ansar had a guest spend the night with him, but he did not have anything to eat but his meal and the meal for his children, so he said to his wife: ‘Put the children to sleep, extinguish the torches, and give me whatever you have with you for the guest.’ So this Ayah was revealed: And they give preference over themselves even though they were in need of that.”

Umm Sulaim[*] told that she said, "Messenger of God, Anas is your servant. Make supplication to God for him." He said, "O God, multiply his property and his children, and bless him in what Thou givest him." Anas said, "I swear by God that my property is abundant and that my children and grandchildren exceed the neighbourhood of a hundred in number to-day." *The mother of Anas. (Bukhari and Muslim.)

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

‘Abdallah b. ‘Umar said God’s Messenger forbade killing women and children. (Bukhari and Muslim.)

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

Yahya related to me from Zayd ibn Aslam from a man of the Banu Damra that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about the Aqiqa. He said, 'I do not like disobedience (uquq),' as if he disliked the name. He said, 'If anyone has a child born to him, and wants to sacrifice for his child, then let him do it.' "

Abu Humaid as-Sa‘idi said that when some people asked God’s Messenger how they should invoke blessings on him he told them to say, “O God, bless Muhammad, his wives and his offspring as Thou didst bless Abraham; and grant favours to Muhammad, his wives and his offspring as Thou didst grant favours to the family of Abraham. Thou art indeed praiseworthy and glorious.” (Bukhari and Muslim.)

"The believer, when he desires a child in Paradise, he shall be carried (in pregnancy), born, and complete his aging in an hour as he desires."

The people of knowledge disagreed concerning this, so some of them said that in Paradise there is intercourse but no births. It has been reported like this from Tawus, Mujahid and Ibrahim AnNakha'i. Muhammad said: "Concerning the Hadith of the Prophet SAW: 'When the believer desires a child in Paradise, it shall be in an hour as he desires' Ishaq bin Ibrahim said: 'But he will not desire." Muhammad said: "And it has been reported from Abu Razin Al- 'Uqaili from the Prophet SAW that he said: 'Indeed the people of Paradise shall not have children therein."

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother.

A man got up and said: Messenger of Allah, so-and-so is my son; I had illicit intercourse with his mother in the pre-Islamic period. The Messenger of Allah (saws) said: There is no unlawful claiming of paternity in Islam. What was done in pre-Islamic times has been annulled. The child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.

A client of the Prophet (saws) died and left some property, but he left no child or relative. The Messenger of Allah (saws) said: Give what he has left to a man belonging to his village.

Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (saws) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.

We were in an army with the Messenger of Allah (saws). We got some lizards. I roasted one lizard and brought it to the Messenger of Allah (saws) and placed it before him. He took a stick and counted its fingers. He then said: A group from the children of Isra'il was transformed into an animal of the land, and I do not know which animal it was. He did not eat it nor did he forbid (its eating).

A woman threw a stone at another woman and she aborted. The dispute was brought to the Messenger of Allah (saws). He gave judgment that five hundred sheep should be paid for her (unborn) child, and forbade throwing stones.

Abu Dawud said: The version of this tradition goes in this way, i.e. five hundred sheep. What is correct is one hundred sheep. Abu Dawud said: 'Abbas transmitted this tradition this way, but it is misunderstanding.

That he heard the Messenger of Allah (saws) say: "Whoever separates between a mother and her child, then Allah will separate between him and his beloved on the Day of Judgement."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Gharib.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They dislike separating the captives, the mother and her child, the son and the father, and brothers.

Hajjaj b. Hajjaj al-Aslami quoted his father as saying, “Messenger of God, what will remove from me the obligation due for fostering a child.”* He replied, “A slave or a slave-girl of good quality.” *It is said that Arabs liked to give a woman who had fostered a child something over and above the hire. This tradition deals with the amount to be considered full compensation for services rendered. Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

Ibn ‘Umar said that the Prophet made a man and his wife invoke curses when the man disowned her child, and separated them and attributed the child to the woman. In his tradition transmitted by both of them it says that God's Messenger exhorted and admonished the man and informed him that punishment in this world is easier than that in the next. He then summoned the woman and exhorted and admonished her and told her that punishment in this world is easier than that in the next. (Bukhari and Muslim.)

"The Messenger of Allah had a she-camel called Al-'Adba' which could not be beaten. One day a Bedouin came on a riding-camel and beat her (in a race). The Muslims were upset by that, and when he saw the expressions on their faces they said: 'O Messenger of Allah, Al-'Adba' has been beaten.' He said: 'It is a right upon Allah that nothing is raised in this world except He lowers it.'"

Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.

Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."

Hind, the wife of Abu Sufyan, said to the Prophet (PBUH): Abu Sufyan is a niggardly man and does not give me and my children adequate provisions for maintenance unless I take something from his possession without his knowledge. The Prophet (PBUH) said to her, "Take from his possessions on a reasonable basis that much which may suffice for you and your children."

[Al-Bukhari and Muslim].

The Messenger of Allah (saws) delivered a speech to us; meanwhile al-Hasan and al-Husayn came upon there stumbling, wearing red shirts. He came down from the pulpit, took them and ascended it with them. He then said: Allah truly said: "Your property and your children are only trial" (Ixiv.15). I saw both of them, and I could not wait. Afterwards he resumed the speech.

One of the two women of Hudhayl killed the other, Each of them had husband and sons. The Messenger of Allah (saws) fixed the blood-wit for the slain woman to be paid by the woman's relatives on the father's side. He declared her husband and the child innocent. The relatives of the woman who killed said: We shall inherit from her. The Messenger of Allah (saws) said: No, her sons and her husband should inherit from her.