Ghalib said: When we were sitting at al-Hasan's door, a man came along. He said: My father told me on the authority of my grandfather, saying: My father sent me to the Messenger of Allah (saws) and said: Go to him and give him a greeting. So I went to him and said: My father sends you a greeting. He said: Upon you and upon your father be peace.

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."

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

We used to consider miracles as Allah's Blessings, but you people consider them to be a warning. Once we were with Allah's Apostle on a journey, and we ran short of water. He said, "Bring the water remaining with you." The people brought a utensil containing a little water. He placed his hand in it and said, "Come to the blessed water, and the Blessing is from Allah." I saw the water flowing from among the fingers of Allah's Apostle , and no doubt, we heard the meal glorifying Allah, when it was being eaten (by him).

When the time of the Battle of Uhud approached, my father called me at night and said, "I think that I will be the first amongst the companions of the Prophet to be martyred. I do not leave anyone after me dearer to me than you, except Allah's Apostle's soul and I owe some debt and you should repay it and treat your sisters favorably (nicely and politely)." So in the morning he was the first to be martyred and was buried along with another (martyr). I did not like to leave him with the other (martyr) so I took him out of the grave after six months of his burial and he was in the same condition as he was on the day of burial, except a slight change near his ear.

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

Aisha said that Barirah came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Apostle came, she told him about it. The Prophet said to her, "Buy her (i.e. Barirah) and manumit (free) her, for the Wala is for the one who manumits." Then Allah's Apostle ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

The Prophet (saws) said: Supplication (du'a') is itself the worship.

(He then recited:) "And your Lord said: Call on Me, I will answer you" (xI.60).

Abu Musa and Abii Mas`ud went to `Ammar when `Ali had sent him to Kufa to exhort them to fight (on `Ali's side). They said to him, "Since you have become a Muslim, we have never seen you doing a deed more criticizable to us than your haste in this matter." `Ammar said, "Since you (both) became Muslims, I have never seen you doing a deed more criticizable to me than your keeping away from this matter." Then Abu Mas`ud provided `Ammar and Abu Musa with two-piece outfits to wear, and one of them went to the mosque (of Kufa).

[Al-Bukhari].

In Muslim, Abu Hurairah (May Allah be pleased with him) reported : Messenger of Allah (PBUH) said, "Let none of you wish for death, nor he ask for it before it comes to him, because when he dies, his actions will be terminated; certainly the age of a (true) believer does not add but good."

While I and my father were with Jabir bin `Abdullah, some people asked him about taking a bath. He replied, "A Sa` of water is sufficient for you." A man said, "A Sa` is not sufficient for me." Jabir said, "A Sa` was sufficient for one who had more hair than you and was better than you (meaning the Prophet)." And then Jabir (put on) his garment and led the prayer.

That he heard Jabir bin `Abdullah saying, "The roof of the Mosque was built over trunks of datepalms working as pillars. When the Prophet delivered a sermon, he used to stand by one of those trunks till the pulpit was made for him, and he used it instead. Then we heard the trunk sending a sound like of a pregnant she-camel till the Prophet came to it, and put his hand over it, then it became quiet."

My father told me that he was a companion of Abu Darda'. There was in Damascus a man from the companions of the Prophet (saws), called Ibn al-Hanzaliyyah. He was a recluse and rarely met the people. He remained engaged in prayer. When he was not praying he was occupied in glorifying Allah and exalting Him until he went to his family. Once he passed us when we were with AbudDarda'.

AbudDarda' said to him: Tell us a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) sent out a contingent and it came back. One of the men came and sat in the place where the Messenger of Allah (saws) used to sit, and he said to a man beside him: Would that you saw us when we met the enemy and so-and-so attacked and cut through a lance.

He said: Take it from me and I am a boy of the tribe Ghifar. What do you think about his statement?

He replied: I think his reward was lost. Another man heard it and said: I do not think that there is any harm in it. They quarrelled until the Messenger of Allah (saws) heard it, and he said: Glory be to Allah! There is no harm if he is rewarded and praised. I saw that AbudDarda' was pleased with it and began to raise his hand to him and say: Did you hear it from the Messenger of Allah (saws)?

He said: Yes. He continued to repeat it to him so often that I thought he was going to kneel down. He said: On another day he again passed us.

AbudDarda' said to him: (Tell us) a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) said to us: One who spends on (the maintenance of) horses (for jihad) is like the one who spreads his hand to give alms (sadaqah) and does not withhold it. He then passed us on another day.

AbudDarda' said to him: (Tell us) a word which benefits us and does no harm to you.

He said: The Messenger of Allah (saws) said: Khuraym al-Asadi would be a fine man were it not for the length of his hair, which reaches the shoulders, and the way he lets his lower garment hang down. When Khuraym heard that, he hurriedly, took a knife, cut his hair in line with his ears and raised his lower garment half way up his legs. He then passed us on another day.

AbudDarda' said to him: (tell us) a word which benefits us and does not harm you.

He said: I heard the Messenger of Allah (saws) say: You are coming to your brethren; so tidy your mounts and tidy your dress, until you are like a mole among the people. Allah does not like obscene words or deeds, or do intentional committing of obscenity.

Abu Dawud said: Similarly, Abu Nu'aim narrated from Hisham. He said: Until you will be like a mole among the people.

that he heard Allah's Apostle saying, "(Moses) said, 'Call me not to account for what I forget and be not hard upon me for my affair (with you)' (18.73) the first excuse of Moses was his forgetfulness."

Yahya related to me from Malik from Ata ibn Abdullah al-Khurasani that Said ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit own,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' "

Malik said that Ata said that he had asked Said ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sas.''

Hind bint `Utba said, "O Allah's Apostle! Abu Sufyan is a miser and he does not give me what is sufficient for me and my children. Can I take of his property without his knowledge?" The Prophet said, "Take what is sufficient for you and your children, and the amount should be just and reasonable.

The version narrated by Maslamah goes : He said: On that day we were almost equal in knowledge.

The version narrated by Isma’il says: Khalid said: I said to Abu Qilabah: where is the Qur’an(i.e. why did the Prophet(may peace be upon him) not say: The one who knows the Qur’an most should act as imam)? He replied: Both of them were equal in the knowledge of the Qur’an.

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

A desert Arab came and making his camel kneel and tethering it, entered the mosque and prayed behind the Messenger of Allah (saws). When The Messenger of Allah (saws) had given the salutation, he went to his riding beast and, after untethering and riding it, he called out: O Allah, show mercy to me and to Muhammad and associate no one else in Thy mercy to us. The Messenger of Allah (saws) then said: Do you think that he or his camel is farther astray? Did you not listen to what he said? They replied: Certainly.

Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "

Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."

When it was the day of (the battle of) Hunain, the Prophet confronted the tribe of Hawazin while there were ten-thousand (men) besides the Tulaqa' (i.e. those who had embraced Islam on the day of the Conquest of Mecca) with the Prophet. When they (i.e. Muslims) fled, the Prophet said, "O the group of Ansari" They replied, "Labbaik, O Allah's Apostle and Sadaik! We are under your command." Then the Prophet got down (from his mule) and said, "I am Allah's Slave and His Apostle." Then the pagans were defeated. The Prophet distributed the war booty amongst the Tulaqa and Muhajirin (i.e. Emigrants) and did not give anything to the Ansar. So the Ansar spoke (i.e. were dissatisfied) and he called them and made them enter a leather tent and said, Won't you be pleased that the people take the sheep and camels, and you take Allah's Apostle along with you?" The Prophet added, "If the people took their way through a valley and the Ansar took their way through a mountain pass, then I would choose a mountain pass of the Ansar."

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

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

Hakim bin Hizam said, "(Once) I asked Allah's Apostle (for something) and he gave it to me. Again I asked and he gave (it to me). Again I asked and he gave (it to me). And then he said, "O Hakim! This property is like a sweet fresh fruit; whoever takes it without greediness, he is blessed in it, and whoever takes it with greediness, he is not blessed in it, and he is like a person who eats but is never satisfied; and the upper (giving) hand is better than the lower (receiving) hand." Hakim added, "I said to Allah's Apostle , 'By Him (Allah) Who sent you with the Truth, I shall never accept anything from anybody after you, till I leave this world.' " Then Abu Bakr (during his caliphate) called Hakim to give him his share from the war booty (like the other companions of the Prophet ), he refused to accept anything. Then `Umar (during his caliphate) called him to give him his share but he refused. On that `Umar said, "O Muslims! I would like you to witness that I offered Hakim his share from this booty and he refused to take it." So Hakim never took anything from anybody after the Prophet till he died.

It is a sign of having knowledge that, when you do not know something, you say: 'Allah knows better.' Allah said to his Prophet: 'Say: No wage do I ask of you for this (Qur'an), nor am I one of the pretenders (a person who pretends things which do not exist)' (38.86) When the Quraish troubled and stood against the Prophet he said, "O Allah! Help me against them by afflicting them with seven years of famine like the seven years of Joseph." So they were stricken with a year of famine during which they ate bones and dead animals because of too much suffering, and one of them would see something like smoke between him and the sky because of hunger. Then they said: Our Lord! Remove the torment from us, really we are believers. (44.12) And then it was said to the Prophet (by Allah), "If we remove it from them. they will revert to their ways (of heathenism)." So the Prophet invoked his Lord, who removed the punishment from them, but later they reverted (to heathenism), whereupon Allah punished them on the day of the Battle of Badr, and that is what Allah's Statement indicates: 'Then watch for the day that the sky will bring forth a kind of smoke plainly visible...we will indeed (then) exact retribution.' (44.10).

I heard Jabir bin `Abdullah in a gathering saying, "We, the companions of Allah's Apostle assumed the state of Ihram to perform only Hajj without `Umra." Jabir added, "The Prophet arrived (at Mecca) on the fourth of Dhul-Hijja. And when we arrived (in Mecca) the Prophet ordered us to finish the state of Ihram, saying, "Finish your lhram and go to your wives (for sexual relation)." Jabir added, "The Prophet did not oblige us (to go to our wives) but he only made that legal for us. Then he heard that we were saying, "When there remains only five days between us and the Day of `Arafat he orders us to finish our Ihram by sleeping with our wives in which case we will proceed to `Arafat with our male organs dribbling with semen?' (Jabir pointed out with his hand illustrating what he was saying). Allah's Apostle stood up and said, 'You (People) know that I am the most Allah-fearing, the most truthful and the best doer of good deeds (pious) from among you. If I had not brought the Hadi with me, I would have finished my Ihram as you will do, so finish your Ihram. If I had formerly known what I came to know lately, I would not have brought the Hadi with me.' So we finished our Ihram and listened to the Prophet and obeyed him." (See Hadith No. 713, Vol. 2)

That his father was martyred on the day of the battle of Uhud and was in debt and left six (orphan) daughters. Jabir, added, "When the season of plucking the dates came, I went to Allah's Apostle and said, "You know that my father was martyred on the day of Uhud, and he was heavily in debt, and I would like that the creditors should see you." The Prophet said, "Go and pile every kind of dates apart." I did so and called him (i.e. the Prophet ). When the creditors saw him, they started claiming their debts from me then in such a harsh manner (as they had never done before). So when he saw their attitude, he went round the biggest heap of dates thrice, and then sat over it and said, 'O Jabir), call your companions (i.e. the creditors).' Then he kept on measuring (and giving) to the creditors (their due) till Allah paid all the debt of my father. I would have been satisfied to retain nothing of those dates for my sisters after Allah had paid the debts of my father. But Allah saved all the heaps (of dates), so that when I looked at the heap where the Prophet had been sitting, it seemed as if a single date had not been taken away thereof."

That he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of (the Prophet) Moses. Ibn `Abbas said that he was Al Khadir. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him, saying "My friend (Hur) and I have differed regarding Moses' companion, whom Moses asked the way to meet. Have you heard the Prophet mentioning something about him? He said, "Yes. I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites, a man came and asked him. "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: 'Yes, Our slave Khadir (is more learned than you.)' Moses asked (Allah) how to meet him (Khadir). So Allah made the fish as a sign for him and he was told that when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said to him: Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said: 'That is what we have been seeking? (18.64) So they went back retracing their footsteps, and found Khadir. (And) what happened further to them is narrated in the Holy Qur'an by Allah. (18.54 up to 18.82)

that he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of the Prophet Moses. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend (Hur) and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him? Ubai bin Ka`b said: "Yes, I heard the Prophet mentioning something about him (saying) while Moses was sitting in the company of some Israelites, a man came and asked him: "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: '--Yes, Our slave Khadir is more learned than you. Moses asked Allah how to meet him (Al-Khadir). So Allah made the fish a sign for him and he was told when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said: 'Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said, 'That is what we have been seeking.' So they went back retracing their footsteps, and found Khadir. (and) what happened further about them is narrated in the Holy Qur'an by Allah." (18.54 up to 18.82)

Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.

Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."

That Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth had said to him, "What prevents you from speaking to your uncle `Uthman regarding his brother Al-Walid bin `Uqba?" The people were speaking against the latter for what he had done. 'Ubaidullah said, "So I kept waiting for `Uthman, and when he went out for the prayer, I said to him, 'I have got something to say to you as a piece of advice.' `Uthman said, 'O man! I seek Refuge with Allah from you. So I went away. When I finished my prayer, I sat with Al-Miswar and Ibn 'Abu Yaghutb and talked to both of them of what I had said to `Uthman and what he had said to me. They said, 'You have done your duty.' So while I was sitting with them. `Uthman's Messenger came to me. They said, 'Allah has put you to trial." I set out and when I reached `Uthman, he said, 'What is your advice which you mentioned a while ago?' I recited Tashahhud and added, 'Allah has sent Muhammad and has revealed the Holy Book (i.e. Qur'an) to him. You (O `Uthman!) were amongst those who responded to the call of Allah and His Apostle and had faith in him. And you took part in the first two migrations (to Ethiopia and to Medina), and you enjoyed the company of Allah's Apostle and learned his traditions and advice. Now the people are talking much about Al-Walid bin `Uqba and so it is your duty to impose on him the legal punishment.' `Uthman then said to me, 'O my nephew! Did you ever meet Allah's Apostle ?' I said, 'No, but his knowledge has reached me as it has reached the virgin in her seclusion.' `Uthman then recited Tashahhud and said, 'No doubt, Allah has sent Muhammad with the Truth and has revealed to him His Holy Book (i.e. Qur'an) and I was amongst those who responded to the call of Allah and His Apostle and I had faith in Muhammad's Mission, and I had performed the first two migrations as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance to him. By Allah, I never disobeyed him and never cheated him till Allah caused him to die. Then Allah made Abu Bakr Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then `Umar became Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then I became Caliph. Have I not then the same rights over you as they had over me?' I replied in the affirmative. `Uthman further said, 'The what are these talks which are reaching me from you? As for what you ha mentioned about Al-Walid bin 'Uqb; Allah willing, I shall give him the leg; punishment justly. Then `Uthman ordered that Al-Walid be flogged fort lashes. He ordered `Ali to flog him an he himself flogged him as well."

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

When the deputation of Thaqif came to the Messenger of Allah (saws), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Messenger of Allah (saws) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).

The Messenger of Allah (saws) said on the day of Badr: He who does such-and-such, will have such-and such. The young men came forward and the old men remained standing near the banners, and they did not move from there. When Allah bestowed victory on them, the old men said: We were support for you. If you had been defeated, you would have returned to us. Do not take this booty alone and we remain (deprived of it). The young men refused (to give), and said: The Messenger of Allah (saws) has given it to us. Then Allah sent down: "They ask thee concerning (things taken as) spoils of war, Say: (Such) spoils are at the disposal of Allah and the Apostle......Just as they Lord ordered thee out of thy house in truth, even though a party among the believers disliked it." This proved good for them. Similarly obey me. I know the consequence of this better than you.