Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

We were with the Prophet when suddenly there came to him a messenger from one of his daughters who was asking him to come and see her son who was dying. The Prophet said (to the messenger), "Go back and tell her that whatever Allah takes is His, and whatever He gives is His, and everything with Him has a limited fixed term (in this world). So order her to be patient and hope for Allah's reward." But she sent the messenger to the Prophet again, swearing that he should come to her. So the Prophet got up, and so did Sa`d bin 'Ubada and Mu`adh bin Jabal (and went to her). When the child was brought to the Prophet his breath was disturbed in his chest as if it were in a water skin. On that the eyes of the Prophet became flooded with tears, whereupon Sa`d said to him, "O Allah's Apostle! What is this?" The Prophet said, "This is mercy which Allah has put in the heart of His slaves, and Allah bestows His mercy only on those of His slaves who are merciful (to others)."

My father said, "I saw `Amr bin Abi Hasan asking `Abdullah bin Zaid about the ablution of the Prophet. `Abdullah bin Zaid asked for an earthenware pot containing water and performed ablution in front of them. He poured water over his hands and washed them thrice. Then he put his (right) hand in the pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out thrice with three handfuls of water Again he put his hand in the water and washed his face thrice. After that he put his hand in the pot and washed his forearms up to the elbows twice and then again put his hand in the water and passed wet hands over his head by bringing them to the front and then to the back and once more he put his hand in the pot and washed his feet (up to the ankles.)"

Narrated Wuhaib:

That he (the Prophet in narration 191 above) had passed his wet hands on the head once only.

If a man saw a dream during the lifetime of the Prophet he would narrate it to the Prophet. Once I wished to see a dream and narrate it to the Prophet I was young, unmarried, and used to sleep in the Mosque during the lifetime of the Prophet. I dreamt that two angels took me and went away with me towards the (Hell) Fire which looked like a well with the inside walls built up, and had two side-walls like those of a well. There I saw some people in it whom I knew. I started saying, "I seek Refuge with Allah from the (Hell) Fire, I seek Refuge with Allah from the (Hell) Fire." Then another angel met the other two and said to me, "Do not be afraid." I narrated my dream to Hafsa who, in her turn, narrated it to the Prophet. He said, "What an excellent man `Abdullah is if he only observes the night prayer." (Salem, a sub-narrator said, "Abdullah used not to sleep at night but very little hence forward."

Yahya related to me from Malik that he had heard Rabia ibn Abi Abd ar-Rahman saying the same about that as what Ikrama related from Ibn Abbas.

Malik said, "That is what I like most out of what I have heard about the matter."

Malik was asked about a man who forgot the tawaf al-ifada until he had left Makka and returned to his community and he said, "I think that he should go back and do the tawaf al-ifada, as long as he has not had sexual relations with women. If, however, he has had sexual relations with women, then he should not only return and do the tawaf al-ifada, but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there, but if he has not brought one with him from wherever it was he set out to do umra, he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there."

Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths

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."

Aisha said, "I went to Abu Bakr (during his fatal illness) and he asked me, 'In how many garments was the Prophet shrouded?' She replied, 'In three Suhuliya pieces of white cloth of cotton, and there was neither a shirt nor a turban among them.' Abu Bakr further asked her, 'On which day did the Prophet die?' She replied, 'He died on Monday.' He asked, 'What is today?' She replied, 'Today is Monday.' He added, 'I hope I shall die sometime between this morning and tonight.' Then he looked at a garment that he was wearing during his illness and it had some stains of saffron. Then he said, 'Wash this garment of mine and add two more garments and shroud me in them.' I said, 'This is worn out.' He said, 'A living person has more right to wear new clothes than a dead one; the shroud is only for the body's pus.' He did not die till it was the night of Tuesday and was buried before the morning."

Ibn Mansur said: "I said to Ahmad: 'The Prophet (saws) gave the Nafl when he divided the fourth, after the Khumus, and when he was returning (he gave) the third from the Khumus.' So he said: 'The Khumus is taken, and then the Nafl is given from what remains, nothing beyond this.''"

[Abu 'Eisa said:] This Hadith is (understood) as Ibn Musayyab said: "The Nafl is from te Khumus." Ishaq said as he said.

Abu Dawud said : All the sound traditions narrated by ‘ Uthman indicated that the head is to be wiped once, because they mentioned (the washing of each part in) ablution three times. In their versions of tradition they mentioned the wordings: “he wiped his head.” In this case they did not mention any number as they did in other cases.

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."

Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'

Yahya related to me from Malik that he had heard one of the people of knowledge say, "A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj while in the meantime he came out of ihram from his umra. He said, "He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his umra."

Malik said, "If it is judged that some- one must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, 'a sacrificial animal which will reach the Kaba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab prayed two rakas with the people of Makka, and then, when he had finished, he said, "People of Makka, complete your prayer, becausewe are a group of travellers." Later, Umar prayed two rakas with them at Mina, but we have not heard that he said anything to them on that occasion.

Malik was asked whether the people of Makka should pray two rakas at Arafa or four, and whether the amir of the hajj, if he was a Makkan, should pray dhuhr and asr with four rakas or two, and also how the people of Makka who were living (at Mina) should pray, and he said, "The people of Makka should pray only two rakas at Arafa and Mina for as long as they stay there, and should shorten the prayer until they return to Makka. The amir of the hajj, if he is a Makkan, should also shorten the prayer at Arafa and during the days of Mina. Anyone who is living at Mina as a resident should do the full prayer at Mina, and similarly anyone who lives at Arafa and is a resident there should do the full prayer at Arafa."

Yahya related to me from Malik that

Yahya ibn Said heard Ata ibn Abi Rabah mentioning that the camel-herders were allowed to throw the stones at night, and saying that this was in the early period (of Islam).

Malik said, "The explanation of the hadith where the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to delay the stoning of the jamras is, in our view, and Allah knows best, that they threw stones on the day of sacrifice, and then threw again two days later, which was the first possible day for leaving, and this throwing was for the day which had passed. They then threw again for the day itself, because it is only possible for someone to make up for something which is obligatory for him, and when something obligatory passes someone by (without him doing it) he must necessarily make it up afterwards (and not beforehand). So (in the case of the camel-herders), if it seemed appropriate for them to leave that day, they would have done all that they were supposed to do, and if they were to stay until the following day, they would throw stones with everybody else on the second and last day for leaving, and then leave."

The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).

Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "

Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "

Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'

Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping). `Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle was still in Mecca and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two ,Harras." So, when the Prophet told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle and fed two camels which he had, with the leaves of Samor trees for four months.

Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."

Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."

Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala that Humayd ibn Malik ibn Khu'haym said, "I was sitting with Abu Hurayra on his land at al-Aqiq. Some people rode out from Madina to call upon Abu Hurayra. He told me to go to his mother, sending his greetings and asking her to prepare some food." Humayd continued, "She set down three loaves on a plate and some oil and salt. Then she put it on my head and I carried it to them. When I set it before them, Abu Hurayra said, 'Allah is greater' and added, 'Praise be to Allah who has filled us with bread after our food had previously been only water and dates,' as the people did not touch any of the food.

When they left, he said, 'O son of my brother, be good to your sheep and wipe the mucus from them and clean their pen. Pray in their quarter for they are among the animals of the Garden. By He in Whose Hand my self is, a time is about to come upon people when a small group of sheep will be more beloved to their owner than the house of Marwan . ' "

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."

I went out with `Abdullah , to Mecca and when we proceeded to am' he offered the two prayers (the Maghrib and the `Isha') together, making the Adhan and Iqama separately for each prayer. He took his supper in between the two prayers. He offered the Fajr prayer as soon as the day dawned. Some people said, "The day had dawned (at the time of the prayer)," and others said, "The day had not dawned." `Abdullah then said, "Allah's Apostle said, 'These two prayers have been shifted from their stated times at this place only (at Al-Muzdalifa); first: The Maghrib and the `Isha'. So the people should not arrive at Al-Muzdalifa till the time of the `Isha' prayer has become due. The second prayer is the morning prayer which is offered at this hour.' " Then `Abdullah stayed there till it became a bit brighter. He then said, "If the chief of the believers hastened onwards to Mina just now, then he had indeed followed the Sunna." I do not know which proceeded the other, his (`Abdullah's) statement or the departure of `Uthman . `Abdullah was reciting Talbiya till he threw pebbles at the Jamrat-Al- `Aqaba on the Day of Nahr (slaughtering) (that is the 10th of Dhul-Hijja).

Allah's Apostle said, "There was an Israeli man called Juraij, while he was praying, his mother came and called him, but he did not respond to her call. He said (to himself) whether he should continue the prayer or reply to his mother. She came to him the second time and called him and said, "O Allah! Do not let him die until he sees the faces of prostitutes." Juraij used to live in a hermitage. A woman said that she would entice Juraij, so she went to him and presented herself (for an evil act) but he refused. She then went to a shepherd and allowed him to commit an illegal sexual intercourse with her and later she gave birth to a boy. She alleged that the baby was from Juraij. The people went to Juraij and broke down his hermitage, pulled him out of it and abused him. He performed ablution and offered the prayer, then he went to the male (baby) and asked him; "O boy! Who is your father?" The baby replied that his father was the shepherd. The people said that they would build for him a hermitage of gold but Juraij asked them to make it of mud only."

When Abraham had differences with his wife), (because of her jealousy of Hajar, Ishmael's mother), he took Ishmael and his mother and went away. They had a water-skin with them containing some water, Ishmael's mother used to drink water from the water-skin so that her milk would increase for her child. When Abraham reached Mecca, he made her sit under a tree and afterwards returned home. Ishmael's mother followed him, and when they reached Kada', she called him from behind, 'O Abraham! To whom are you leaving us?' He replied, '(I am leaving you) to Allah's (Care).' She said, 'I am satisfied to be with Allah.' She returned to her place and started drinking water from the water-skin, and her milk increased for her child. When the water had all been used up, she said to herself, 'I'd better go and look so that I may see somebody.' She ascended the Safa mountain and looked, hoping to see somebody, but in vain. When she came down to the valley, she ran till she reached the Marwa mountain. She ran to and fro (between the two mountains) many times. They she said to herself, 'i'd better go and see the state of the child,' she went and found it in a state of one on the point of dying. She could not endure to watch it dying and said (to herself), 'If I go and look, I may find somebody.' She went and ascended the Safa mountain and looked for a long while but could not find anybody. Thus she completed seven rounds (of running) between Safa and Marwa. Again she said (to herself), 'I'd better go back and see the state of the child.' But suddenly she heard a voice, and she said to that strange voice, 'Help us if you can offer any help.' Lo! It was Gabriel (who had made the voice). Gabriel hit the earth with his heel like this (Ibn `Abbas hit the earth with his heel to Illustrate it), and so the water gushed out. Ishmael's mother was astonished and started digging. (Abu Al-Qasim) (i.e. the Prophet) said, "If she had left the water, (flow naturally without her intervention), it would have been flowing on the surface of the earth.") Ishmael's mother started drinking from the water and her milk increased for her child . Afterwards some people of the tribe of Jurhum, while passing through the bottom of the valley, saw some birds, and that astonished them, and they said, 'Birds can only be found at a place where there is water.' They sent a messenger who searched the place and found the water, and returned to inform them about it. Then they all went to her and said, 'O ishmael's mother! Will you allow us to be with you (or dwell with you)?' (And thus they stayed there.) Later on her boy reached the age of puberty and married a lady from them. Then an idea occurred to Abraham which he disclosed to his wife (Sarah), 'I want to call on my dependents I left (at Mecca).' When he went there, he greeted (Ishmael's wife) and said, 'Where is Ishmael?' She replied, 'He has gone out hunting.' Abraham said (to her), 'When he comes, tell him to change the threshold of his gate.' When he came, she told him the same whereupon Ishmael said to her, 'You are the threshold, so go to your family (i.e. you are divorced).' Again Abraham thought of visiting his dependents whom he had left (at Mecca), and he told his wife (Sarah) of his intentions. Abraham came to Ishmael's house and asked. "Where is Ishmael?" Ishmael's wife replied, "He has gone out hunting," and added, "Will you stay (for some time) and have something to eat and drink?' Abraham asked, 'What is your food and what is your drink?' She replied, 'Our food is meat and our drink is water.' He said, 'O Allah! Bless their meals and their drink." Abu Al-Qa-sim (i.e. Prophet) said, "Because of Abraham's invocation there are blessings (in Mecca)." Once more Abraham thought of visiting his family he had left (at Mecca), so he told his wife (Sarah) of his decision. He went and found Ishmael behind the Zamzam well, mending his arrows. He said, "O Ishmael, Your Lord has ordered me to build a house for Him." Ishmael said, "Obey (the order of) your Lord." Abraham said, "Allah has also ordered me that you should help me therein." Ishmael said, "Then I will do." So, both of them rose and Abraham started building (the Ka`ba) while Ishmael went on handing him the stones, and both of them were saying, "O our Lord ! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing." (2.127). When the building became high and the old man (i.e. Abraham) could no longer lift the stones (to such a high position), he stood over the stone of Al- Maqam and Ishmael carried on handing him the stones, and both of them were saying, 'O our Lord! Accept (this service) from us, Verily You are All-Hearing, All-Knowing." (2.127)

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Yahya related to me from Malik from Hisham ibn Urwa that his father would never do two sets of seven tawafs together without praying between them. After every seven tawafs he would pray two rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it easier on himself, join two or more sets of seven circuits and then pray whatever he owed for those sets of seven, and he said, "He should not do that. The sunna is that he does two rakasafter every seven circuits."

Malik said, about someone who began doing tawaf and then forgot how many he had done and did eightor nine circuits, "He should stop when he knows that he has done more than the right number and then pray two rakas,and he should not count the ones that he has done in excess. Neither should he build on the nine that he has done and then pray the rakas for the two sets of seven circuits together, because the sunna is that you pray two rakas after every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had prayed the two rakas of tawaf should go back and complete his tawaf until he was certain of how much he had done. He should then repeat the two rakas, because prayer when doing tawaf was only valid after completing seven circuits.

"If some one breaks his wudu either while he is doing tawaf, or when he has finished tawaf but before he has prayed the two rakas of tawaf, he should do wudu and begin the tawaf and the two rakas afresh. Breaking wudu does not interrupt say between Safa and Marwa, but a person should not begin say unless he is pure by being in wudu."

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."

Mujammi' was one of the Qur'an-reciters (qaris), and he said: We were present with the Messenger of Allah (saws) at al-Hudaybiyyah. When we returned, the people were driving their camels quickly.

The people said to one another: What is the matter with them?

They said: Revelation has come down to the Prophet (saws). We also proceeded with the people, galloping (our camels). We found the Prophet (saws) standing on his riding-animal at Kura' al-Ghamim.

When the people gathered near him, he recited: "Verily We have granted thee a manifest victory.

A man asked: Is this a victory, Messenger of Allah? He replied: Yes. By Him in Whose hands the soul of Muhammad is, this is a victory. Khaybar was divided among those who had been at al-Hudaybiyyah, and the Messenger of Allah (saws) divided it into eighteen portions. The army consisted of one thousand five hundred men, of which three hundred were cavalry, and he gave two shares to a horseman and one to a foot-soldier.

Abu Dawud said: Abu Mu'awiyah's tradition is sounder, and it is one which is followed. I think the error is in the tradition of Mujammi', because he said: "three hundred horsemen." when there were only two hundred.

Lian was mentioned in the presence of the Prophet, `Asim bin Adi said a statement about it, and when he left, a man from his tribe came to him complaining that he had seen a man with his wife. `Asim said, "I have been put to trial only because of my statement." So he took the man to the Prophet and the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank hair, while the man whom he had accused of having been with his wife, was reddish brown with fat thick legs and fat body. The Prophet said, "O Allah! Reveal the truth." Later on the lady delivered a child resembling the man whom the husband had accused of having been with her. So the Prophet made them take the oath of Lian. A man said to Ibn `Abbas in the gathering, "Was that the same lady about whom the Prophet said, "If I were to stone any lady (for committing illegal sexual intercourse) to death without witnesses, I would have stoned that lade to death?" Ibn `Abbas said, "No, that was another lady who used to behave in such a suspicious way among the Muslims that one might accuse her of committing illegal sexual intercourse."

Az-Zubair said, "I met Ubaida bin Sa`id bin Al-As on the day (of the battle) of Badr and he was covered with armor; so much that only his eyes were visible. He was surnamed Abu Dhat-al-Karish. He said (proudly), 'I am Abu-al-Karish.' I attacked him with the spear and pierced his eye and he died. I put my foot over his body to pull (that spear) out, but even then I had to use a great force to take it out as its both ends were bent." `Urwa said, "Later on Allah's Apostle asked Az-Zubair for the spear and he gave it to him. When Allah's Apostle died, Az-Zubair took it back. After that Abu Bakr demanded it and he gave it to him, and when Abu Bakr died, Az-Zubair took it back. `Umar then demanded it from him and he gave it to him. When `Umar died, Az-Zubair took it back, and then `Uthman demanded it from him and he gave it to him. When `Uthman was martyred, the spear remained with `Ali's offspring. Then `Abdullah bin Az-Zubair demanded it back, and it remained with him till he was martyred.

We went out with Allah's Apostle during Hajjat-ul-Wada` and we assumed the Ihram for `Umra. Then Allah's Apostle said to us, "Whoever has got the Hadi should assume the Ihram for Hajj and `Umra and should not finish his Ihram till he has performed both (`Umra and Hajj)." I arrived at Mecca along with him (i.e. the Prophet ) while I was menstruating, so I did not perform the Tawaf around the Ka`ba or between Safa and Marwa. I informed Allah's Apostle about that and he said, "Undo your braids and comb your hair, and then assume the lhram for Hajj and leave the `Umra." I did so, and when we performed and finished the Hajj, Allah's Apostles sent me to at-Tan`im along with (my brother) `Abdur-Rahman bin Abu Bakr As-Siddiq, to perform the `Umra. The Prophet said, "This `Umra is in lieu of your missed `Umra." Those who had assumed the lhram for `Umra, performed the Tawaf around the Ka`ba and between Safa and Marwa, and then finished their Ihram, and on their return from Mina, they performed another Tawaf (around the Ka`ba and between Safa and Marwa), but those who combined their Hajj and `Umra, performed only one Tawaf (between Safa and Marwa) (for both).

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)

Allah's Apostle said, "O so-and-so, whenever you go to your bed (for sleeping) say, 'O Allah! I have surrendered myself over to you and have turned my face towards You, and leave all my affairs to You and depend on You and put my trust in You expecting Your reward and fearing Your punishment. There is neither fleeing from You nor refuge but with You. I believe in the Book (Qur'an) which You have revealed and in Your Prophet (Muhammad) whom You have sent.' If you then die on that night, then you will die as a Muslim, and if you wake alive in the morning then you will receive the reward." (See Hadith No. 323, Vol. 8)

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."

Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."

[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."

Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.

The people say that Abu Huraira narrates too many narrations. In fact Allah knows whether I say the truth or not. They also ask, "Why do the emigrants and the Ansar not narrate as he does?" In fact, my emigrant brethren were busy trading in the markets, and my Ansar brethren were busy with their properties. I was a poor man keeping the company of Allah's Apostle and was satisfied with what filled my stomach. So, I used to be present while they (i.e. the emigrants and the Ansar) were absent, and I used to remember while they forgot (the Hadith). One day the Prophet said, "Whoever spreads his sheet till I finish this statement of mine and then gathers it on his chest, will never forget anything of my statement." So, I spread my covering sheet which was the only garment I had, till the Prophet finished his statement and then I gathered it over my chest. By Him Who had sent him (i.e. Allah's Apostle) with the truth, since then I did not forget even a single word of that statement of his, until this day of mine. By Allah, but for two verses in Allah's Book, I would never have related any narration (from the Prophet). (These two verses are): "Verily! Those who conceal the clear signs and the guidance which we have sent down .....(up to) the Merciful.' (2.159-160)

Sufyan said: We did not find anything by which we could reinforce this tradition, and this has been narrated only through this chain.

He ('Ali b. al-Madini, a narrator) said: I said to Sufyan: There is a difference of opinion of the name (Abu Muhammad b. 'Amr). He pondered for a moment and then said: I do not remember except Abu Muhammad b. 'Amr Sufyan said: A man had come to Kufah after the death of Isma'il b. Umayyah ; he was seeking Abu Muhammad until he found him. He asked him (about this tradition) but he became confused. Abu Dawud said: I heard Ahmad b. Hanbal who was questioned many times how the line should be drawn. He replied: In this way. horizontally like crescent.

Abu Dawud said: I heard Musaddad say: Ibn Dawud said: The line should be drawn perpendicularly.

Abu Dawud said: I heard Ahmad b. Hanbal describing many times how the line should be drawn. He said: In this way horizontally in the round semi-circular form like the crescent, that is (the line should be) a curve.

The Apostle of Allaah ( sal Allaahu alayhi wa sallam ) said : The rinsing of mouth and snuffing up water in the nose are acts that bear the characteristics of fitrah (nature). He then narrated a similar tradition (as reported by Aishah), but he did not mention the words "letting the beard grow". He added the words "circumcision" and "sprinkling water on the private part of the body". He did not mention the words "cleansing oneself after easing".

Abu Dawud said : A similar tradition has been reported on the authority of Ibn 'Abbas. He mentioned only five sunnahs all relating to the head, one of them being parting of the hair; it did not include wearing the beard.

Abu Dawud said: The tradition as reported by Hammad has also been transmitted by Talq b. Habib , Mujahid, and Bakr b. 'Abd Allaah b. al-Muzani as their own statement ( not as a tradition from the Prophet, sal Allaahu alayhi wa sallam ).They did not mention the words "letting the beard grow". The version transmitted by Muhammad b. Abd Allaah b. Abi Maryam, Abu Salamah, and Abu Hurairah from the Prophet ( sal Allaahu alayhi wa sallam ) mentions the words "letting the beard grow". A similar tradition has been reported by Ibrahim al-Nakha'i. He mentioned the words "wearing the beard and circumcision."

The Holy Prophet (saws) said to Ibn Suriya': I remind you by Allah Who saved you from the people of Pharaoh, made you cover the sea, gave you the shade of clouds, sent down to you manna and quails, sent down you Torah to Moses, do you find stoning (for adultery) in your Book? He said: You have reminded me by the Great. It is not possible for me to belie you. He then transmitted the rest of the tradition.

Whenever the Prophet offered the night (Tahajjud) prayer, he used to say, "O Allah! All the Praises are for You; You are the Light of the Heavens and the Earth. And all the Praises are for You; You are the Keeper of the Heavens and the Earth. All the Praises are for You; You are the Lord of the Heavens and the Earth and whatever is therein. You are the Truth, and Your Promise is the Truth, and Your Speech is the Truth, and meeting You is the Truth, and Paradise is the Truth and Hell (Fire) is the Truth and all the prophets are the Truth and the Hour is the Truth. O Allah! I surrender to You, and believe in You, and depend upon You, and repent to You, and in Your cause I fight and with Your orders I rule. So please forgive my past and future sins and those sins which I did in secret or in public. It is You Whom I worship, None has the right to be worshipped except You ." (See Hadith No. 329,Vol. 8)