Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "No-one should pray over a dead person unless he is in wudu."

Yahya said that he heard Malik say, "I have not seen any person of knowledge disapproving of praying over either a child born of adultery or its mother."

Ibn 'Umar (Allah be pleased with them) reported that the people of pre-Islamic days used to sell the meat of the slaughtered camel up to habal al-habala. And habal al-habala implies that a she-camel should give birth and then the (born one should grow young) and become pregnant. Allah's Messenger (may peace be upon him) forbade them that (this transaction).

Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"

There is none born but is created to his true nature (Islam). It is his parents who make him a Jew or a Christian or a Magian quite as beasts produce their young with their limbs perfect. Do you see anything deficient in them? Then he quoted the Qur'an., The nature made by Allah in which He has created men there is no altering of Allah's creation; that is the right religion" (ar-Rum:30)

`Utba bin Abi Waqqas authorized his brother Sa`d bin Abi Waqqas to take the son of the slave-girl of Zam`a into his custody, telling him that the boy was his own (illegal) son. When Allah's Apostle went (to Mecca) at the time of the Conquest, Sa`d took the son of the slave-girl of Zam`a to Allah's Apostle and also brought 'Abu bin Zam`a with him and said, "O Allah's Apostle! This is the son of my brother `Utba who authorized me to take him into my custody." 'Abu bin Zam`a said, "O Allah's Apostle! He is my brother, the son of Zam`a's slave-girl and he was born on his bed." Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed much resemblance (to `Utba). Allah's Apostle said, "It is for you, O 'Abu bin Zam`a as he was born on the bed of your father." Allah's Apostle then told Sauda bint Zam`a to observe veil in the presence of the boy as he noticed the boy's resemblance to `Utba and Sauda was the wife of the Prophet .

I took `Abdullah bin Abu Talha to Allah's Apostle to perform Tahnik for him. (Tahnik was a custom among the Muslims that whenever a child was born they used to take it to the Prophet who would chew a piece of date and put a part of its juice in the child's mouth). I saw the Prophet and he had an instrument for branding in his hands and was branding the camels of Zakat.

Abu Huraira said, "I heard Allah's Apostle saying, 'There is none born among the off-spring of Adam, but Satan touches it. A child therefore, cries loudly at the time of birth because of the touch of Satan, except Mary and her child." Then Abu Huraira recited: "And I seek refuge with You for her and for her offspring from the outcast Satan" (3.36)

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.' "

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Apostle! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

I heard Allah's Apostle saying, "'Aqiqa is to be offered for a (newly born) boy, so slaughter (an animal) for him, and relieve him of his suffering."

Narrated Habib bin Ash-Shahid:

Ibn Seereen told me to ask Al-Hassan from whom he had heard the narration of 'Aqiqa. I asked him and he said, "From Samura bin Jundab."

(the wife of the Prophet) `Utba bin Abi Waqqas entrusted (his son) to his brother Sa`d bin Abi Waqqas saying, "The son of the slave-girl of Zam`a is my (illegal) son, take him into your custody." So during the year of the Conquest (of Mecca) Sa`d took the boy and said, "This is my brother's son whom my brother entrusted to me." 'Abu bin Zam's 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 both of them came to Allah's Apostle and Sa`d said, "O Allah's Apostle! This is my brother's son whom my brother entrusted to me." Then 'Abu bin Zam`a got up and said, "This is my brother and the son of the slave-girl of my father." Allah's Apostle said, "O Abu bin Zam`a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation)." Then the Prophet said to his wife Sauda bint Zam`a, "Screen yourself from this boy," when he saw the boy's resemblance to `Utba. Since then the boy did not see Sauda till he died.

who was born during the lifetime of the Prophet that his mother, Zainab bint Humaid had taken him to Allah's Apostle and said, "O Allah's Apostle! Take his Pledge of allegiance (for Islam)." The Prophet said, "He (`Abdullah bin Hisham) is a little child," and passed his hand over his head and invoked Allah for him. `Abdullah bin Hisham used to slaughter one sheep as a sacrifice on behalf of all of his family.

(the wife of the Prophet) `Utba bin Abi Waqqas said to his brother Sa`d bin Abi Waqqas, "The son of the slave girl of Zam`a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa`d took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." `Abd bin Zam`a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa`d said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." `Abd bin Zam`a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O `Abd bin Zam`a!" Then Allah's Apostle further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sauda bint Zam`a, "Veil (screen) yourself before him," when he saw the child's resemblance to `Utba. The boy did not see her again till he met Allah.

A man came to the Prophet and said, "O Allah's Apostle! A black child has been born for me." The Prophet asked him, "Have you got camels?" The man said, "Yes." The Prophet asked him, "What color are they?" The man replied, "Red." The Prophet said, "Is there a grey one among them?' The man replied, "Yes." The Prophet said, "Whence comes that?" He said, "May be it is because of heredity." The Prophet said, "May be your latest son has this color because of heredity."

I came to the Prophet (saws). He then narrated the rest of the tradition.

A man from the people said: "Messenger of Allah! tell us about Saba'; what is it: land or woman? He replied: It is neither land nor woman; it is a man to whom ten children of the Arabs were born: six of them lived in the Yemen and four lived in Syria.

The narrator Uthman said al-Ghatafani instead of al-Ghutayfi. He said: It has been transmitted to us by al-Hasan ibn al-Hakam an-Nakha'i.

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid."

Malik said, "This is my opinion as well."

Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid."

Allah's Apostle said, "Every child is born with a true faith of Islam (i.e. to worship none but Allah Alone) but his parents convert him to Judaism, Christianity or 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 of Islam) (i.e. worshipping none but Allah) with which He has created human beings. No change let there be in the religion of Allah (i.e. joining none in worship with Allah). That is the straight religion (Islam) but most of men know, not." (30.30)

That she conceived `Abdullah bin Az-Zubair. She added, "I migrated to Medina while I was at full term of pregnancy and alighted at Quba where I gave birth to him. Then I brought him to the Prophet and put him in his lap. The Prophet asked for a date, chewed it, and put some of its juice in the child's mouth. So, the first thing that entered the child's stomach was the saliva of Allah's Apostle. Then the Prophet rubbed the child's palate with a date and invoked for Allah's Blessings on him, and he was the first child born amongst the Emigrants in the Islamic Land (i.e. Medina).

Allah's Apostle said, 'Nations were displayed before me; one or two prophets would pass by along with a few followers. A prophet would pass by accompanied by nobody. Then a big crowd of people passed in front of me and I asked, Who are they Are they my followers?" It was said, 'No. It is Moses and his followers It was said to me, 'Look at the horizon.'' Behold! There was a multitude of people filling the horizon. Then it was said to me, 'Look there and there about the stretching sky! Behold! There was a multitude filling the horizon,' It was said to me, 'This is your nation out of whom seventy thousand shall enter Paradise without reckoning.' "Then the Prophet entered his house without telling his companions who they (the 70,000) were. So the people started talking about the issue and said, "It is we who have believed in Allah and followed His Apostle; therefore those people are either ourselves or our children who are born m the Islamic era, for we were born in the Pre-lslamic Period of Ignorance.'' When the Prophet heard of that, he came out and said. "Those people are those who do not treat themselves with Ruqya, nor do they believe in bad or good omen (from birds etc.) nor do they get themselves branded (Cauterized). but they put their trust (only) in their Lord " On that 'Ukasha bin Muhsin said. "Am I one of them, O Allah's Apostle?' The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, 'Ukasha has anticipated you."

Ar-Rabi' ibn Saburah said on the authority of his father (Saburah): We went out along with the Messenger of Allah (saws) till we reached Usfan, Suraqah ibn Malik al-Mudlaji said to him: Messenger of Allah, explain to us like the people as if they were born today. He said: Allah, the Exalted, has included this umrah in your hajj. When you come (to Mecca), and he who goes round the House (the Ka'bah), and runs between as-Safa and al-Marwah, is allowed to take off ihram except he who has brought the sacrificial animals with him.

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, "Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives.' "

When Al-Mundhir bin Abu Usaid was born, he was brought to the Prophet who placed him on his thigh. While Abu Usaid was sitting there, the Prophet was busy with something in his hands so Abu Usaid told someone to take his son from the thigh of the Prophet . When the Prophet finished his job (with which he was busy), he said, "Where is the boy?" Abu Usaid replied, "We have sent him home." The Prophet said, "What is his name?" Abu Usaid said, "(His name is) so-and-so. " The Prophet said, "No, his name is Al-Mundhir." So he called him Al-Mundhir from that day.

I conceived `Abdullah bin AzZubair at Mecca and went out (of Mecca) while I was about to give birth. I came to Medina and encamped at Quba', and gave birth at Quba'. Then I brought the child to Allah's Apostle and placed it (on his lap). He asked for a date, chewed it, and put his saliva in the mouth of the child. So the first thing to enter its stomach was the saliva of Allah's Apostle. Then he did its Tahnik with a date, and invoked Allah to bless him. It was the first child born in the Islamic era, therefore they (Muslims) were very happy with its birth, for it had been said to them that the Jews had bewitched them, and so they would not produce any offspring.

The Prophet said, "Whoever believes in Allah and His Apostle offers prayers perfectly and fasts (the month of) Ramadan then it is incumbent upon Allah to admit him into Paradise, whether he emigrates for Allah's cause or stays in the land where he was born." They (the companions of the Prophet) said, "O Allah's Apostle! Should we not inform the people of that?" He said, "There are one-hundred degrees in Paradise which Allah has prepared for those who carry on Jihad in His Cause. The distance between every two degrees is like the distance between the sky and the Earth, so if you ask Allah for anything, ask Him for the Firdaus, for it is the last part of Paradise and the highest part of Paradise, and at its top there is the Throne of Beneficent, and from it gush forth the rivers of Paradise."

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

Abu bin Zam`a and Sa`d bin Abi Waqqas carried the case of their claim of the (ownership) of the son of a slave-girl of Zam`a before the Prophet. Sa`d said, "O Allah's Apostle! My brother, before his death, told me that when I would return (to Mecca), I should search for the son of the slave-girl of Zam`a and take him into my custody as he was his son." 'Abu bin Zam`a said, 'the is my brother and the son of the slave-girl of my father, and was born or my father's bed." The Prophet noticed a resemblance between `Utba and the boy but he said, "O 'Abu bin Zam`a! You will get this boy, as the son goes to the owner of the bed. You, Sauda, screen yourself from the boy."

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

On his father's authority, said that his grandfather that the Messenger of Allah (saws) was asked about the aqiqah. He replied: Allah does not like the breaking of ties (uquq), as though he disliked the name. And he said: If anyone has a child born to him and wishes to offer a sacrifice on its behalf, he may offer two resembling sheep for a boy and one for a girl. And he was asked about fara'. He replied: Fara' is right. If you leave it (i.e. let it grow till it becomes a healthy camel of one year or two years, then you give it to a widow or give it in the path of Allah for using it as a riding beast, it is better than slaughtering it at the age when its meat is stuck to its hair, and you turn over your milking vessel and annoy your she-camel.

Sa`d bin Abi Waqqas and 'Abu bin Zam`a had a dispute over a boy. Sa`d said, "O Allah's Apostle! This (boy) is the son of my brother, `Utba bin Abi Waqqas who told me to be his custodian as he was his son. Please notice to whom he bears affinity." And 'Abu bin Zam`a said, "This is my brother, O Allah's Apostle! He was born on my father's bed by his slave girl." Then the Prophet looked at the boy and noticed evident resemblance between him and `Utba, so he said, "He (the toy) is for you, O 'Abu bin Zam`a, for the boy is for the owner of the bed, and the stone is for the adulterer. Screen yourself before the boy, O Sauda bint Zam`a." `Aisha added: Since then he had never seen Sauda.

The Prophet said, "Whoever believes in Allah and His Apostle, offer prayer perfectly and fasts the month of Ramadan, will rightfully be granted Paradise by Allah, no matter whether he fights in Allah's Cause or remains in the land where he is born." The people said, "O Allah's Apostle ! Shall we acquaint the people with the is good news?" He said, "Paradise has one-hundred grades which Allah has reserved for the Mujahidin who fight in His Cause, and the distance between each of two grades is like the distance between the Heaven and the Earth. So, when you ask Allah (for something), ask for Al-firdaus which is the best and highest part of Paradise." (i.e. The sub-narrator added, "I think the Prophet also said, 'Above it (i.e. Al-Firdaus) is the Throne of Beneficent (i.e. Allah), and from it originate the rivers of Paradise.")

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

Sa`d bin Abi Waqqas and 'Abu bin Zam`a quarreled over a boy. Sa`d said, "O Allah's Apostle! This boy is the son of my brother (`Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles." 'Abu bin Zam`a said, "O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl." Allah's Apostle cast a look at the boy and found definite resemblance to `Utba and then said, "The boy is for you, O 'Abu bin Zam`a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy." So, Sauda never saw him again.

I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts).

He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah (saws) had taken? The Messenger of Allah (saws) decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

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."

Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it, could marry that woman's daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her, and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah, the Blessed, the Exalted, said, "Do not marry the women your fathers have married. " (Sura 4 ayat 21)

Malik said, "If a man were to marry a woman in her idda-period in a halal marriage and have relations with her, it would be haram for his son to marry the woman. That is because the father married her in a halal manner, and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with, so the woman's daughter would be haram for the father if he had had sexual relations with her."