Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

That when Haram bin Milhan, his uncle was stabbed on the day of Bir Ma'una he sprinkled his blood over his face and his head this way and then said, "I have succeeded, by the Lord of the Ka`ba.'

Umm Aban, daughter of al-Wazi' ibn Zari', quoting his grandfather, who was a member of the deputation of AbdulQays, said: When we came to Medina, we raced to be first to dismount and kiss the hand and foot of the Messenger of Allah (saws). But al-Mundhir al-Ashajj waited until he came to the bundle of his clothes. He put on his two garments and then he went to the Prophet (saws).

He said to him: You have two characteristics which Allah likes: gentleness and deliberation.

He asked: Have I acquired them or has Allah has created (them) my nature? He replied: No, Allah has created (them) in your nature.

He then said: Praise be to Allah Who has created in my nature two characteristics which Allah and His Apostle like.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "When a man comes to his wife in her room, he is believed. When she comes to him in his room, she is believed."

Malik commented, "I think that this refers to sexual intercourse. When he comes in to her in her room and she says, 'He has had intercourse with me' and he says, 'I have not touched her', he is believed. When she comes in to him in his room and he says, 'I have not had intercourse with her' and she says, 'He had intercourse with me', she is believed."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Allah 's Apostle said, "Whoever loves that he be granted more wealth and that his lease of life be prolonged then he should keep good relations with his Kith and kin."

When the Messenger of Allah (saws) began his prayer, he raised his hands extensively.

The Prophet mentioned a man from the people of the past or those who preceded you. The Prophet said a sentence meaning: Allah had given him wealth and children. When his death approached, he said to his sons, "What kind of father have I been to you?" They replied, "You have been a good father." He told them that he had not presented any good deed before Allah, and if Allah should get hold of him He would punish him.' "So look!" he added, "When I die, burn me, and when I turn into coal, crush me, and when there comes a windy day, scatter my ashes in the wind." The Prophet added, "Then by Allah, he took a firm promise from his children to do so, and they did so. (They burnt him after his death) and threw his ashes on a windy day. Then Allah commanded to his ashes. "Be," and behold! He became a man standing! Allah said, "O My slave! What made you do what you did?" He replied, "For fear of You." Nothing saved him then but Allah's Mercy (So Allah forgave him).

I passed when AbuJahl had fallen as his foot was struck (with the swords). I said: O enemy of Allah, AbuJahl, Allah has disgraced a man who was far away from His mercy. I did not fear him at that moment. He replied: It is most strange that a man has been killed by his people. I struck him with a blunt sword. But it did not work, and then his sword fell down from his hand, I struck him with it until he became dead.

The Prophet said, "Isn't he who raises his head before the Imam afraid that Allah may transform his head into that of a donkey or his figure (face) into that of a donkey?"

His uncle (Anas bin An-Nadr) was absent from the battle of Badr and he said, "I was absent from the first battle of the Prophet (i.e. Badr battle), and if Allah should let me participate in (a battle) with the Prophet, Allah will see how strongly I will fight." So he encountered the day of Uhud battle. The Muslims fled and he said, "O Allah ! I appeal to You to excuse me for what these people (i.e. the Muslims) have done, and I am clear from what the pagans have done." Then he went forward with his sword and met Sad bin Mu'adh (fleeing), and asked him, "Where are you going, O Sad? I detect a smell of Paradise before Uhud." Then he proceeded on and was martyred. No-body was able to recognize him till his sister recognized him by a mole on his body or by the tips of his fingers. He had over 80 wounds caused by stabbing, striking or shooting with arrows.

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

There was an orphan (girl) under the care of a man. He married her and she owned a date palm (garden). He married her just because of that and not because he loved her. So the Divine Verse came regarding his case: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) The sub-narrator added: I think he (i.e. another sub-narrator) said, "That orphan girl was his partner in that datepalm (garden) and in his property."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar used to say "Allah is greater" in the prayer whenever he lowered himself and raised himself.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to raise his hands to the level of his shoulders when he began the prayer and when he raised his head from the ruku he would raise them less than that.

A black person, a male or a female used to clean the Mosque and then died. The Prophet (p.b.u.h) did not know about it . One day the Prophet remembered him and said, "What happened to that person?" The people replied, "O Allah's Apostle! He died." He said, "Why did you not inform me?" They said, "His story was so and so (i.e. regarded him as insignificant)." He said, "Show me his grave." He then went to his grave and offered the funeral prayer.

The Prophet said, "Allah said, 'The son of Adam tells a lie against me though he has no right to do so, and he abuses Me though he has no right to do so. As for his telling a lie against Me, it is that he claims that I cannot recreate him as I created him before; and as for his abusing Me, it is his statement that I have offspring. No! Glorified be Me! I am far from taking a wife or offspring.' "

The Prophet said, "If anyone testifies that None has the right to be worshipped but Allah Alone Who has no partners, and that Muhammad is His Slave and His Apostle, and that Jesus is Allah's Slave and His Apostle and His Word which He bestowed on Mary and a Spirit created by Him, and that Paradise is true, and Hell is true, Allah will admit him into Paradise with the deeds which he had done even if those deeds were few." (Junada, the sub-narrator said, " 'Ubada added, 'Such a person can enter Paradise through any of its eight gates he likes.")

`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

The Prophet forbade laughing at a person who passes wind, and said, "How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" And Hisham said, "As he beats his slave"

The Prophet (saws) said: Both hands prostrate as the face prostrates. When one of you puts his face (on the ground) he should put his hands too (on the ground). And when he raises it, he should raise them too.

The Messenger of Allah (saws) was praying with his door bolted. I came and asked to have the door opened. He walked and opened the door for me. He then returned to his place for prayer. He (the narrator Urwah) mentioned that the door faced the qiblah.

We were in the city of Al-Ahwaz on the bank of a river which had dried up. Then Abu Barza Al- Aslami came riding a horse and he started praying and let his horse loose. The horse ran away, so Abu Barza interrupted his prayer and went after the horse till he caught it and brought it, and then he offered his prayer. There was a man amongst us who was (from the Khawari) having a different opinion. He came saying. "Look at this old man! He left his prayer because of a horse." On that Abu Barza came to us and said, "Since the time I left Allah's Apostle, nobody has admonished me; My house is very far from this place, and if I had carried on praying and left my horse, I could not have reached my house till night." Then Abu Barza mentioned that he had been in the company of the Prophet, and that he had seen his leniency.