Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

When the Prophet had finished from the battle of Hunain, he sent Abu Amir at the head of an army to Autas He (i.e. Abu Amir) met Duraid bin As Summa and Duraid was killed and Allah defeated his companions. The Prophet sent me with Abu 'Amir. Abu Amir was shot at his knee with an arrow which a man from Jushm had shot and fixed into his knee. I went to him and said, "O Uncle! Who shot you?" He pointed me out (his killer) saying, "That is my killer who shot me (with an arrow)." So I headed towards him and overtook him, and when he saw me, he fled, and I followed him and started saying to him, "Won't you be ashamed? Won't you stop?" So that person stopped, and we exchanged two hits with the swords and I killed him. Then I said to Abu 'Amir. "Allah has killed your killer." He said, "Take out this arrow" So I removed it, and water oozed out of the wound. He then said, "O son of my brother! Convey my compliments to the Prophet and request him to ask Allah's Forgiveness for me." Abu Amir made me his successor in commanding the people (i.e. troops). He survived for a short while and then died. (Later) I returned and entered upon the Prophet at his house, and found him lying in a bed made of stalks of date-palm leaves knitted with ropes, and on it there was bedding. The strings of the bed had their traces over his back and sides. Then I told the Prophet about our and Abu Amir's news and how he had said "Tell him to ask for Allah's Forgiveness for me." The Prophet asked for water, performed ablution and then raised hands, saying, "O Allah's Forgive `Ubaid, Abu Amir." At that time I saw the whiteness of the Prophet's armpits. The Prophet then said, "O Allah, make him (i.e. Abu Amir) on the Day of Resurrection, superior to many of Your human creatures." I said, "Will you ask Allah's Forgiveness for me?" (On that) the Prophet said, "O Allah, forgive the sins of `Abdullah bin Qais and admit him to a nice entrance (i.e. paradise) on the Day of Resurrection." Abu Burda said, "One of the prayers was for Abu 'Amir and the other was for Abu Musa (i.e. `Abdullah bin Qais).

Abu Bakr As-Siddiq sent for me when the people of Yamama had been killed (i.e., a number of the Prophet's Companions who fought against Musailima). (I went to him) and found `Umar bin Al- Khattab sitting with him. Abu Bakr then said (to me), "`Umar has come to me and said: "Casualties were heavy among the Qurra' of the Qur'an (i.e. those who knew the Qur'an by heart) on the day of the Battle of Yamama, and I am afraid that more heavy casualties may take place among the Qurra' on other battlefields, whereby a large part of the Qur'an may be lost. Therefore I suggest, you (Abu Bakr) order that the Qur'an be collected." I said to `Umar, "How can you do something which Allah's Apostle did not do?" `Umar said, "By Allah, that is a good project." `Umar kept on urging me to accept his proposal till Allah opened my chest for it and I began to realize the good in the idea which `Umar had realized." Then Abu Bakr said (to me). 'You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for (the fragmentary scripts of) the Qur'an and collect it in one book." By Allah If they had ordered me to shift one of the mountains, it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said to Abu Bakr, "How will you do something which Allah's Apostle did not do?" Abu Bakr replied, "By Allah, it is a good project." Abu Bakr kept on urging me to accept his idea until Allah opened my chest for what He had opened the chests of Abu Bakr and `Umar. So I started looking for the Qur'an and collecting it from (what was written on) palme stalks, thin white stones and also from the men who knew it by heart, till I found the last Verse of Surat at-Tauba (Repentance) with Abi Khuzaima Al-Ansari, and I did not find it with anybody other than him. The Verse is: 'Verily there has come unto you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty..(till the end of Surat-Baraa' (at-Tauba) (9.128-129). Then the complete manuscripts (copy) of the Qur'an remained with Abu Bakr till he died, then with `Umar till the end of his life, and then with Hafsa, the daughter of `Umar.

Malik related to me that Yahya ibn Said said, ''Abd ar-Rahman ibn Abi Bakr died in his sleep, and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, set free many slaves for him." Malik said, "This is what I like best of what I have heard on the subject."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

The Prophet (saws) said: What the sea throws up and is left by the tide you may eat, but what dies in the sea and floats you must not eat.

Abu Dawud said: This tradition has been transmitted by Sufyan al-Thawri, Ayyub and Hammad from Abu al-Zubair as the statement of Jabor himself (and not from the Prophet). It has been also transmitted direct from the Prophet (saws) through a weak chain by Abu Dhi'b, from Abu al-Zubair on the authority if Jabir from the Prophet (saws).

The Messenger of Allah (saws) came in when his daughter died, and he said: Wash her with water and lotus leaves three or five times or more than that if you think fit, and put camphor, or some camphor in the last washing, then inform me when you finish. When we had finished we informed him, and he threw us his lower garment saying: Put it next to her body.

Malik's version has: that is, his lower garment (izar); and Musaddad did not say: He entered in.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."

Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."

It was narrated that as-Sa`ib bin Yazeed said: `Umar met `Abdullah bin as-Sa`di... and he mentioned a similar report, but he said: “Give it in charity,” and he said: “Do not hanker after it.`

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, announced the death of an Najashi to everyone on the day that he died, and went out with them to the place of prayer, and then formed them into rows and said "Allah is greater" four times.

Yahya related to me from Malik from

Abdullah ibn Abi Bakr that his paternal aunt related that her grandmother made a vow to walk to the Quba mosque. She died, and did not fulfill it, so Abdullah ibn Abbas asked her daughter to walk for her.

Yahya said that he had heard Malik say, "No one walks for anyone else."

[Muslim].

Masruq said on the authority of Abdullah ibn Mas'ud: Abdullah (ibn Mas'ud ) was asked about a man who had married a woman without cohabiting with her or fixing any dower for her till he died. Ibn Mas'ud said: She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance. Thereupon Ma'qil ibn Sinan said: I heard the Messenger of Allah (saws) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given).

The Messenger of Allah (saws) said: If anyone fights in Allah's path as long as the time between two milkings of a she-camel, Paradise will be assured for him. If anyone sincerely asks Allah for being killed and then dies or is killed, there will be a reward of a martyr for him. Ibn al-Musaffa added from here: If anyone is wounded in Allah's path, or suffers a misfortune, it will come on the Day of resurrection as copious as possible, its colour saffron, and its odour musk; and if anyone suffers from ulcers while in Allah's path, he will have on him the stamp of the martyrs.

A man came to the Prophet (saws) and said: My son has died; what do I receive from his estate? He replied: You receive a sixth. When he turned away he called him and said: You receive another sixth. When he turned away, he called him and said: The other sixth is an allowance (beyond what is due).

Qatadah said: They (the Companions) did not know the heirs with whom he was given (a sixth). Qatadah said: The minimum share given to the grandfather was a sixth.

A Jewess presented a roasted sheep to the Messenger of Allah (saws) at Khaybar.

He then mentioned the rest of the tradition like that of Jabir (No. 4495). He said: Then Bashir ibn al-Bara' ibn Ma'rur al-Ansari died. He sent someone to call on the Jewess, and said to her (when she came): What motivated you to do the work you have done? He then mentioned the rest of the tradition similar to the one mentioned by Jabir (No. 4495).

The Messenger of Allah (saws) then ordered regarding her and she was killed. But he (AbuSalamah) did not mention the matter of cupping.

The Prophet (saws) said: If anyone says in the morning or in the evening: "O Allah! Thou art my Lord; there is no god but Thee, Thou hast created me, and I am Thy servant and hold to Thy covenant and promise as much as I can; I seek refuge in Thee from the evil of what I have done: I acknowledge Thy favour to me, and I acknowledge my sin; pardon me, for none but Thee pardons sins, and dies during the daytime or during the night." he will go to Paradise.

Abu Dawood said: Al-sha’bl, Abu Malik, Qatadah, and Thabit b. ‘Umarah said: The prophet( may peace be upon him) did not write”In the name of Allah, the compassionate, the merciful” until Surah al-naml was revealed. This is the meaning of what they said. Further, this is a mursal traditional(omitting the name of the companion)

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."