Hilal ibn Yasar said: We were with Salim ibn Ubayd when a man from among the people sneezed and said: Peace be upon you.

Salim said: And upon you and your mother. Later he said: Perhaps you found something (annoying) in what I said to you.

He said: I wished you would not mention my mother with good or evil. He said: I have just said to you what the Messenger of Allah (saws) said. We were in the presence of the Messenger of Allah (saws) when a man from among the people sneezed, saying: Peace be upon you!

The Messenger of Allah (saws) said: And upon you and your mother. He then said: When one of you sneezes, he should praise Allah. He further mentioned some attributes (of Allah), saying: The one who is with him should say to him: Allah have mercy on you, and he should reply to them: Allah forgive us and you.

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

Yahya related to me from Malik that he had heard that A'isha was asked about how a woman should do ghusl for major ritual impurity. She said, "She should scoop water over her head with both hands three times and rub the roots of her hair with her hands."

Yahya related to me from Malik from Ibn Shihab from Malik ibn Aus ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, "Talha ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand, and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' Umar ibn al- Khattab was listening and Umar said, 'By Allah! Do not leave him until you have taken it from him!' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, "Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." "'

Malik said, "When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand.' and Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."

We took the oath of allegiance to Allah's Apostle and he recited to us: 'They will not associate anything in worship with Allah,' and forbade us to bewail the dead. Thereupon a lady withdrew her hand (refrained from taking the oath of allegiance), and said, "But such-and-such lady lamented over one of my relatives, so I must reward (do the same over the dead relatives of) hers." The Prophet did not object to that, so she went (there) and returned to the Prophet so he accepted her pledge of allegiance.

Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house.

Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".

A man came to the Prophet (saws) and said: Messenger of Allah! one of us has thoughts of such nature that he would rather be reduced to charcoal than speak about them. He said: Allah is Most Great, Allah is Most Great, Allah is Most Great. Praise be to Allah Who has reduced the guile of the devil to evil prompting. Ibn Qudamah said "reduced his matter" instead of "reduced his guile".

Ibn Qudamah said "reduced his matter" instead of "reduced his guile".

There was a woman amongst us who had a farm and she used to sow Silq (a kind of vegetable) on the edges of streams in her farm. On Fridays she used to pull out the Silq from its roots and put the roots in a utensil. Then she would put a handful of powdered barley over it and cook it. The roots of the Silq were a substitute for meat. After finishing the Jumua prayer we used to greet her and she would give us that food which we would eat with our hands, and because of that meal, we used to look forward to Friday.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Ibn

Abi Mulayka that Umar ibn al-Khattab passed a leprous woman doing tawaf of the House, and he said to her, "Slave of Allah, do not make people uneasy. Better that you stay in your house," so she did so. A man passed by her after that and said to her, "The one who forbade you has died, so come out," and she replied, "I am not going to obey him when he is alive and disobey him when he is dead."

Hafsa bint Seereen said, "On Id we used to forbid our girls to go out for `Id prayer. A lady came and stayed at the palace of Bani Khalaf and I went to her. She said, 'The husband of my sister took part in twelve holy battles along with the Prophet and my sister was with her husband in six of them. My sister said that they used to nurse the sick and treat the wounded. Once she asked, 'O Allah's Apostle! If a woman has no veil, is there any harm if she does not come out (on `Id day)?' The Prophet said, 'Her companion should let her share her veil with her, and the women should participate in the good deeds and in the religious gatherings of the believers.' " Hafsa added, "When Um-`Atiya came, I went to her and asked her, 'Did you hear anything about so-and-so?' Um-`Atiya said, 'Yes, let my father be sacrificed for the Prophet (p.b.u.h). (And whenever she mentioned the name of the Prophet she always used to say, 'Let my father be' sacrificed for him). He said, 'Virgin mature girls staying often screened (or said, 'Mature girls and virgins staying often screened--Aiyub is not sure as which was right) and menstruating women should come out (on the `Id day). But the menstruating women should keep away from the Musalla. And all the women should participate in the good deeds and in the religious gatherings of the believers'." Hafsa said, "On that I said to Um-`Atiya, 'Also those who are menstruating?' " Um-`Atiya replied, "Yes. Do they not present themselves at `Arafat and elsewhere?".

that his father said; "When Allah's Apostle mentioned what he mentioned about (the hanging of) the Izar (waist sheet), Abu Bakr said, "O Allah's Apostle! My Izar slackens on one side (without my intention)." The Prophet said, "You are not among those (who, out of pride) drag their Izars behind them."

The Prophet said, "A prophet amongst the prophets carried out a holy military expedition, so he said to his followers, 'Anyone who has married a woman and wants to consummate the marriage, and has not done so yet, should not accompany me; nor should a man who has built a house but has not completed its roof; nor a man who has sheep or shecamels and is waiting for the birth of their young ones.' So, the prophet carried out the expedition and when he reached that town at the time or nearly at the time of the `Asr prayer, he said to the sun, 'O sun! You are under Allah's Order and I am under Allah's Order O Allah! Stop it (i.e. the sun) from setting.' It was stopped till Allah made him victorious. Then he collected the booty and the fire came to burn it, but it did not burn it. He said (to his men), 'Some of you have stolen something from the booty. So one man from every tribe should give me a pledge of allegiance by shaking hands with me.' (They did so and) the hand of a man got stuck over the hand of their prophet. Then that prophet said (to the man), 'The theft has been committed by your people. So all the persons of your tribe should give me the pledge of allegiance by shaking hands with me.' The hands of two or three men got stuck over the hand of their prophet and he said, "You have committed the theft.' Then they brought a head of gold like the head of a cow and put it there, and the fire came and consumed the booty. The Prophet added: Then Allah saw our weakness and disability, so he made booty legal for us."

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 . "

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that Abu Bakr as-Siddiq visited A'isha while she had a [health] complaint and a jewish woman was making incantation (ruqya) for her. Abu Bakr said, "Do it (incantation) with the Book of Allah."

Abu Dawud said: This tradition has been narrated by ‘Amr b. Salamah through a different chain of transmitter. This version has: “When my clan visited the Prophet( may peace be upon him) ....” He did not report it on the authority of his father.

Yahya related to me from Malik from Yahya ibn Said from Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a man who divorced his wife three times before he had had intercourse with her Ata said, "The divorce of the virgin is one. Abdullah ibn Amr ibn al-As said to me, 'You say one pronouncement separates her and three makes her haram until she has married another husband.' "

Once I stayed overnight in the house of my aunt Maimuna bint Al-Harith and Allah's Apostle was with her as it was her turn. Allah's Apostle got up to offer the night prayer. I stood on his left but he took hold of my two locks of hair and made me stand on his right.

Narrated Abu Bishr:

(the above Hadith) but he quoted: Ibn `Abbas said, (took hold of) my two braids on my head."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father gave her in marriage and she had been previously married. She disapproved of that, and went to the Messenger of Allah, may Allah bless him and grant him peace, and he revoked the marriage.

`Aisha, the wife of the Prophet told her that once Allah's Apostle was with her and she heard somebody asking permission to enter Hafsa's house. She said, "O Allah's Apostle! This man is asking permission to enter your house." Allah's Apostle replied, "I think he is so-and-so (meaning the foster uncle of Hafsa). What is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations."

I heard the Messenger of Allah (saws) say: One of you who believes in Allah and in the Last Day should not raise her head until the men raise their heads (after prostration) lest they should see the private parts of men.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, umm al-muminin, proposed to Qurayba bint Abi Umayya on behalf of Abd ar-Rahman ibn Abi Bakr. They married her to him and her people found fault with Abd ar-Rahman and said, "We only gave in marriage because of A'isha." A'isha therefore sent for Abd ar-Rahman and told him about it. He gave Qurayba authority over herself and she chose her husband and so there was no divorce.

Allah's Apostle said, "(I saw in a dream that) while I was standing at a well and drawing water therefrom, suddenly Abu Bakr and `Umar came to me. Abu Bakr took the bucket and drew one or two buckets (full of water), but there was weakness in his pulling, but Allah forgave him. Then Ibn Al- Khattab took the bucket from Abu Bakr's hand and the bucket turned into a very large one in his hand. I have never seen any strong man among the people doing such a hard job as `Umar did, till (the people drank to their satisfaction) and water their camels to their fill and they sat near the water."

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "It has not been a long time for me and I have not forgotten. A thief's hand is cut off for a quarter of a dinar and upwards."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

I was sent to Aisha by Ibn `Abbas, Al-Miswar bin Makhrama and `Abdur-Rahman bin Azhar . They told me to greet her on their behalf and to ask her about the offering of the two rak`at after the `Asr prayer and to say to her, "We were informed that you offer those two rak`at and we were told that the Prophet had forbidden offering them." Ibn `Abbas said, "I along with `Umar bin Al-Khattab used to beat the people whenever they offered them." I went to Aisha and told her that message. `Aisha said, "Go and ask Um Salama about them." So I returned and informed them about her statement. They then told me to go to Um Salama with the same question with which t sent me to `Aisha. Um Salama replied, "I heard the Prophet forbidding them. Later I saw him offering them immediately after he prayed the `Asr prayer. He then entered my house at a time when some of the Ansari women from the tribe of Bani Haram were sitting with me, so I sent my slave girl to him having said to her, 'Stand beside him and tell him that Um Salama says to you, "O Allah's Apostle! I have heard you forbidding the offering of these (two rak`at after the `Asr prayer) but I have seen you offering them." If he waves his hand then wait for him.' The slave girl did that. The Prophet beckoned her with his hand and she waited for him. When he had finished the prayer he said, "O daughter of Bani Umaiya! You have asked me about the two rak`at after the `Asr prayer. The people of the tribe of `Abdul-Qais came to me and made me busy and I could not offer the two rak`at after the Zuhr prayer. These (two rak`at that I have just prayed) are for those (missed) ones.

that she intended to buy Barira (a slave girl) and her masters stipulated that they would have her Wala'. When `Aisha mentioned that to the Prophet ; he said, "Buy her, for the Wala' is for the one who manumits."

A group of Jews came and invited the Messenger of Allah (saws) to Quff. So he visited them in their school.

They said: AbulQasim, one of our men has committed fornication with a woman; so pronounce judgment upon them. They placed a cushion for the Messenger of Allah (saws) who sat on it and said: Bring the Torah. It was then brought. He then withdrew the cushion from beneath him and placed the Torah on it saying: I believed in thee and in Him Who revealed thee.

He then said: Bring me one who is learned among you. Then a young man was brought. The transmitter then mentioned the rest of the tradition of stoning similar to the one transmitted by Malik from Nafi'(No. 4431).

The Prophet (saws) said: Allah Most High says: Pride is my cloak and majesty is my lower garment, and I shall throw him who view with me regarding one of them into Hell.

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Apostle! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

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."

The Prophet said to Abu Talha, "Choose one of your boy servants to serve me in my expedition to Khaibar." So, Abu Talha took me letting me ride behind him while I was a boy nearing the age of puberty. I used to serve Allah's Apostle when he stopped to rest. I heard him saying repeatedly, "O Allah! I seek refuge with You from distress and sorrow, from helplessness and laziness, from miserliness and cowardice, from being heavily in debt and from being overcome by men." Then we reached Khaibar; and when Allah enabled him to conquer the Fort (of Khaibar), the beauty of Safiya bint Huyai bin Akhtab was described to him. Her husband had been killed while she was a bride. So Allah's Apostle selected her for himself and took her along with him till we reached a place called Sa`d-AsSahba,' where her menses were over and he took her for his wife. Haris (a kind of dish) was served on a small leather sheet. Then Allah's Apostle told me to call those who were around me. So, that was the marriage banquet of Allah's Apostle and Safiya. Then we left for Medina. I saw Allah's Apostle folding a cloak round the hump of the camel so as to make a wide space for Safiya (to sit on behind him) He sat beside his camel letting his knees for Safiya to put her feet on so as to mount the camel. Then, we proceeded till we approached Medina; he looked at Uhud (mountain) and said, "This is a mountain which loves us and is loved by us." Then he looked at Medina and said, "O Allah! I make the area between its (i.e. Medina's) two mountains a sanctuary as Abraham made Mecca a sanctuary. O Allah! Bless them (i.e. the people of Medina) in their Mudd and Sa (i.e. measures).

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

I had been eager to ask `Umar bin Al-Khattab about the two ladies from among the wives of the Prophet regarding whom Allah said 'If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah, your hearts are indeed so inclined (to oppose what the Prophet likes). (66.4) till `Umar performed the Hajj and I too, performed the Hajj along with him. (On the way) `Umar went aside to answer the call of nature, and I also went aside along with him carrying a tumbler full of water, and when `Umar had finished answering the call of nature, I poured water over his hands and he performed the ablution. Then I said to him, "O chief of the Believers! Who were the two ladies from among the wives of the Prophet regarding whom Allah said: 'If you two (wives of the Prophet) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes)?" (66.4) He said, "I am astonished at your question, O Ibn `Abbas. They were `Aisha and Hafsa." Then `Umar went on narrating the Hadith and said, "I and an Ansari neighbor of mine from Bani Umaiyya bin Zaid who used to live in `Awali-al-Medina, used to visit the Prophet in turn. He used to go one day and I another day. When I went, I would bring him the news of what had happened that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. We, the people of Quraish used to have the upper hand over our wives, but when we came to the Ansar, we found that their women had the upper hand over their men, so our women also started learning the ways of the Ansari women. I shouted at my wife and she retorted against me and I disliked that she should answer me back. She said to me, 'Why are you so surprised at my answering you back? By Allah, the wives of the Prophet answer him back and some of them may leave (does not speak to) him throughout the day till the night.' The (talk) scared me and I said to her, 'Whoever has done so will be ruined!' Then I proceeded after dressing myself, and entered upon Hafsa and said to her, 'Does anyone of you keep the Prophet angry till night?' She said, 'Yes.' I said, 'You are a ruined losing person! Don't you fear that Allah may get angry for the anger of Allah's Apostle and thus you will be ruined? So do not ask more from the Prophet and do not answer him back and do not give up talking to him. Ask me whatever you need and do not be tempted to imitate your neighbor (i.e., `Aisha) in her manners for she is more charming than you and more beloved to the Prophet ." `Umar added,"At that time a talk was circulating among us that (the tribe of) Ghassan were preparing their horses to invade us. My Ansari companion, on the day of his turn, went (to the town) and returned to us at night and knocked at my door violently and asked if I was there. I became horrified and came out to him. He said, 'Today a great thing has happened.' I asked, 'What is it? Have (the people of) Ghassan come?' He said, 'No, but (What has happened) is greater and more horrifying than that: Allah's Apostle; has divorced his wives. `Umar added, "The Prophet kept away from his wives and I said "Hafsa is a ruined loser.' I had already thought that most probably this (divorce) would happen in the near future. So I dressed myself and offered the morning prayer with the Prophet and then the Prophet; entered an upper room and stayed there in seclusion. I entered upon Hafsa and saw her weeping. I asked, 'What makes you weep? Did I not warn you about that? Did the Prophet divorce you all?' She said, 'I do not know. There he is retired alone in the upper room.' I came out and sat near the pulpit and saw a group of people sitting around it and some of them were weeping. I sat with them for a while but could not endure the situation, so I went to the upper room where the Prophet; was and said to a black slave of his, 'Will you get the permission (of the Prophet ) for `Umar (to enter)?' The slave went in, talked to the Prophet about it and then returned saying, 'I have spoken to the Prophet and mentioned you but he kept quiet.' Then I returned and sat with the group of people sitting near the pulpit. but I could not bear the situation and once again I said to the slave, 'Will you get the permission for `Umar?' He went in and returned saying, 'I mentioned you to him but he kept quiet.' So I returned again and sat with the group of people sitting near the pulpit, but I could not bear the situation, and so I went to the slave and said, 'Will you get the permission for `Umar?' He went in and returned to me saying, 'I mentioned you to him but he kept quiet.' When I was leaving, behold! The slave called me, saying, 'The Prophet has given you permission.' Then I entered upon Allah's Apostle and saw him Lying on a bed made of stalks of date palm leaves and there was no bedding between it and him. The stalks left marks on his side and he was leaning on a leather pillow stuffed with date-palm fires. I greeted him and while still standing I said, 'O Allah's Apostle! Have you divorced your wives?' He looked at me and said, 'No.' I said, 'Allah Akbar!' And then, while still standing, I said chatting, 'Will you heed what I say, O Allah's Apostle? We, the people of Quraish used to have power over our women, but when we arrived at Medina we found that the men (here) were overpowered by their women.' The Prophet smiled and then I said to him, 'Will you heed what I say, O Allah's Apostle? I entered upon Hafsa and said to her, "Do not be tempted to imitate your companion (`Aisha), for she is more charming than you and more beloved to the Prophet.' " The Prophet smiled for a second time. When I saw him smiling, I sat down. Then I looked around his house, and by Allah, I could not see anything of importance in his house except three hides, so I said, 'O Allah's Apostle! Invoke Allah to make your followers rich, for the Persians and the Romans have been made prosperous and they have been given (the pleasures of the world), although they do not worship Allah.' Thereupon the Prophet sat up as he was reclining. and said, 'Are you of such an opinion, O the son of Al-Khattab? These are the people who have received the rewards for their good deeds in this world.' I said, 'O Allah's Apostle! Ask Allah to forgive me.' Then the Prophet kept away from his wives for twenty-nine days because of the story which Hafsa had disclosed to `Aisha. The Prophet had said, 'I will not enter upon them (my wives) for one month,' because of his anger towards them, when Allah had admonished him. So, when twenty nine days had passed, the Prophet first entered upon `Aisha. `Aisha said to him, 'O Allah's Apostle! You had sworn that you would not enter upon us for one month, but now only twenty-nine days have passed, for I have been counting them one by one.' The Prophet said, 'The (present) month is of twenty nine days.' `Aisha added, 'Then Allah revealed the Verses of the option. (2) And out of all his-wives he asked me first, and I chose him.' Then he gave option to his other wives and they said what `Aisha had said . " (1) The Prophet, ' had decided to abstain from eating a certain kind of food because of a certain event, so Allah blamed him for doing so. Some of his wives were the cause of him taking that decision, therefore he deserted them for one month. See Qur'an: (66.4)

The verse "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land...most merciful" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.

(the wife of the Prophet) The commencement (of the Divine Inspiration) to Allah's Apostle was in the form of true dreams in his sleep, for he never had a dream but it turned out to be true and clear as the bright daylight. Then he began to like seclusions, so he used to go in seclusion in the cave of Hira where he used to worship Allah continuously for many nights before going back to his family to take the necessary provision (of food) for the stay. He come back to (his wife) Khadija again to take his provision (of food) likewise, till one day he received the Guidance while he was in the cave of Hira. An Angel came to him and asked him to read. Allah's Apostle replied, "I do not know how to read." The Prophet added, "Then the Angel held me (forcibly) and pressed me so hard that I felt distressed. Then he released me and again asked me to read, and I replied, 'I do not know how to read.' Thereupon he held me again and pressed me for the second time till I felt distressed. He then released me and asked me to read, but again I replied. 'I do not know how to read.' Thereupon he held me for the third time and pressed me till I got distressed, and then he released me and said, 'Read, in the Name of your Lord Who has created (all that exists), has created man out of a clot, Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen, has taught man that which he knew not." (96.1-5). Then Allah's Apostle returned with that experience; and the muscles between his neck and shoulders were trembling till he came upon Khadija (his wife) and said, "Cover me!" They covered him, and when the state of fear was over, he said to Khadija, "O Khadija! What is wrong with me? I was afraid that something bad might happen to me." Then he told her the story. Khadija said, "Nay! But receive the good tidings! By Allah, Allah will never disgrace you, for by Allah, you keep good relations with your Kith and kin, speak the truth, help the poor and the destitute, entertain your guests generously and assist those who are stricken with calamities." Khadija then took him to Waraqa bin Naufil, the son of Khadija's paternal uncle. Waraqa had been converted to Christianity in the Pre-lslamic Period and used to write Arabic and write of the Gospel in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said (to Waraqa), "O my cousin! Listen to what your nephew is going to say." Waraqa said, "O my nephew! What have you seen?" The Prophet then described whatever he had seen. Waraqa said, "This is the same Angel (Gabriel) who was sent to Moses. I wish I were young." He added some other statement. Allah's Apostle asked, "Will these people drive me out?" Waraqa said, "Yes, for nobody brought the like of what you have brought, but was treated with hostility. If I were to remain alive till your day (when you start preaching). then I would support you strongly." But a short while later Waraqa died and the Divine Inspiration was paused (stopped) for a while so that Allah's Apostle was very much grieved.

The Prophet was given some clothes including a black Khamisa. The Prophet said, "To whom shall we give this to wear?" The people kept silent whereupon the Prophet said, "Fetch Um Khalid for me." I (Um Khalid) was brought carried (as I was small girl at that time). The Prophet took the Khamisa in his hands and made me wear it and said, "May you live so long that your dress will wear out and you will mend it many times." On the Khamisa there were some green or pale designs (The Prophet saw these designs) and said, "O Um Khalid! This is Sanah." (Sanah in a Ethiopian word meaning beautiful).