Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."

Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)".

Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."

Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."

Yahya related to me from Malik from Da'ud ibn al-Husayn that he heard al-Araj say, "I never saw the people in Ramadan, but that they were cursing the disbelievers." He added, "The reciter of Qur'an used to recite surat al-Baqara in eight rakas and if he did it in twelve rakas the people would think that he had made it easy."

The Prophet (saws) said: "O Allah, bless my people in their early mornings." When he sent out a detachment or an army, he sent them at the beginning of the day. Sakhr was a merchant, and he would send off his merchandise at the beginning of the day; and he became rich and had much wealth.

Abu Dawud said: He is Sakhr b. Wada'ah.

Yahya related to me from Malik from Muhammad ibn Abi Harmala, the mawla of Abd ar-Rahman ibn Abi Sufyan ibn Huwaytib, that Zaynab bint Abi Salama died during the time that Tariq was amir of Madina and her bier was brought out after subh and put in al-Baqi. He said that Tariq used to pray subh right at the beginning of its time. He added, "I heard Abdullah ibn Umar say to the family, 'You can either pray over your dead now or you can wait until the sun comes up.' "

Regarding: 'And We granted the vision (Ascension to the Heaven "Miraj") which We showed you (O Muhammad as an actual eye witness) but as a trial for mankind.' (17.60) It was an actual eyewitness which was shown to Allah's Apostle during the night he was taken on a journey (through the heavens). And the cursed tree is the tree of Az-Zaqqum (a bitter pungent tree which grows at the bottom of Hell).

I said to Anas, "Did Allah's Apostle make Medina a sanctuary?" He replied, "Yes, (Medina is a sanctuary from such-and-such place to such-and-such place. It is forbidden to cut its trees, and whoever innovates an heresy in it or commits a sin therein, will incur the curse of Allah, the angels, and all the people." Then Musa bin Anas told me that Anas added, "..... or gives refuge to such an heretic or a sinner..."

AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (saws) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.

He said: Ask the Messenger of Allah (saws) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me.

So they mentioned it to the Messenger of Allah (saws) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (saws) commanded them to take one hundred twigs and strike him once.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

When the disease of Allah's Apostle got aggravated, he covered his face with a Khamisa, but when he became short of breath, he would remove it from his face and say, "It is like that! May Allah curse the Jews Christians because they took the graves of their prophets as places of worship." By that he warned his follower of imitating them, by doing that which they did.

When the last moment of the life of Allah's Apostle came he started putting his 'Khamisa' on his face and when he felt hot and short of breath he took it off his face and said, "May Allah curse the Jews and Christians for they built the places of worship at the graves of their Prophets." The Prophet was warning (Muslims) of what those had done.

On the day of the Khandaq `Umar came, cursing the disbelievers of Quraish and said, "O Allah's Apostle! I have not offered the `Asr prayer and the sun has set." The Prophet replied, "By Allah! I too, have not offered the prayer yet. "The Prophet then went to Buthan, performed ablution and performed the `Asr prayer after the sun had set and then offered the Maghrib prayer after it."

My father bought a slave who practiced the profession of cupping. (My father broke the slave's instruments of cupping). I asked my father why he had done so. He replied, "The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed and receiving or giving Riba, (usury), and cursed the picture-makers."

who attended the Badr battle and was from the Ansar, that he came to the Prophet and said, "O Allah's Apostle! I have lost my eyesight and I lead my people in the prayer (as an Imam). When it rains, the valley which is between me and my people, flows with water, and then I cannot go to their mosque to lead them in the prayer. O Allah's Apostle! I wish that you could come and pray in my house so that I may take it as a praying place. The Prophet said, "Allah willing, I will do that." The next morning, soon after the sun had risen, Allah's Apostle came with Abu Bakr. The Prophet asked for the permission to enter and I admitted him. The Prophet had not sat till he had entered the house and said to me, "Where do you like me to pray in your house?" I pointed at a place in my house whereupon he stood and said, "Allahu Akbar." We lined behind him and he prayed two rak`at and finished it with Taslim. We then requested him to stay for a special meal of Khazira which we had prepared. A large number of men from the adjoining area gathered in the house. One of them said, "Where is Malik bin Ad-Dukhshun?" Another man said, "He is a hypocrite and does not love Allah and His Apostle." The Prophet said, "Do not say so. Do you not think that he has said: "None has the right to be worshipped but Allah," seeking Allah's pleasure? The man said, "Allah and His Apostle know better, but we have always seen him mixing with hypocrites and giving them advice." The Prophet said, "Allah has forbidden the (Hell) Fire for those who testify that none has the right to be worshipped but Allah, seeking Allah's pleasure. "

When `Abdullah (my father) died, he left behind children and debts. I asked the lenders to put down some of his debt, but they refused, so I went to the Prophet to intercede with them, yet they refused. The Prophet said (to me), "Classify your dates into their different kinds: 'Adha bin Zaid, Lean and 'Ajwa, each kind alone and call all the creditors and wait till I come to you." I did so and the Prophet came and sat beside the dates and started measuring to each his due till he paid them fully, and the amount of dates remained as it was before, as if he had not touched them. (On another occasion) I took part in one of Ghazawat among with the Prophet and I was riding one of our camels. The camel got tired and was lagging behind the others. The Prophet hit it on its back. He said, "Sell it to me, and you have the right to ride it till Medina.'' When we approached Medina, I took the permission from the Prophet to go to my house, saying, "O Allah's Apostle! I have newly married." The Prophet asked, "Have you married a virgin or a matron (a widow or divorcee)?" I said, "I have married a matron, as `Abdullah (my father) died and left behind daughters small in their ages, so I married a matron who may teach them and bring them up with good manners." The Prophet then said (to me), "Go to your family." When I went there and told my maternal uncle about the selling of the camel, he admonished me for it. On that I told him about its slowness and exhaustion and about what the Prophet had done to the camel and his hitting it. When the Prophet arrived, I went to him with the camel in the morning and he gave me its price, the camel itself, and my share from the war booty as he gave the other people.

`Ali bin Abi Talib sent a piece of gold not yet taken out of its ore, in a tanned leather container to Allah's Apostle . Allah's Apostle distributed that amongst four Persons: 'Uyaina bin Badr, Aqra bin H`Abis, Zaid Al-Khail and the fourth was either Alqama or Amir bin at-Tufail. On that, one of his companions said, "We are more deserving of this (gold) than these (persons)." When that news reached the Prophet , he said, "Don't you trust me though I am the truth worthy man of the One in the Heavens, and I receive the news of Heaven (i.e. Divine Inspiration) both in the morning and in the evening?" There got up a man with sunken eyes, raised cheek bones, raised forehead, a thick beard, a shaven head and a waist sheet that was tucked up and he said, "O Allah's Apostle! Be afraid of Allah." The Prophet said, "Woe to you! Am I not of all the people of the earth the most entitled to fear Allah?" Then that man went away. Khalid bin Al-Wahd said, "O Allah's Apostle! Shall I chop his neck off?" The Prophet said, "No, for he may offer prayers." Khalid said, "Numerous are those who offer prayers and say by their tongues (i.e. mouths) what is not in their hearts." Allah's Apostle said, "I have not been ordered (by Allah) to search the hearts of the people or cut open their bellies." Then the Prophet looked at him (i.e. that man) while the latter was going away and said, "From the offspring of this (man there will come out (people) who will recite the Qur'an continuously and elegantly but it will not exceed their throats. (They will neither understand it nor act upon it). They would go out of the religion (i.e. Islam) as an arrow goes through a game's body." I think he also said, "If I should be present at their time I would kill them as the nations a Thamud were killed."

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."

At that time the Prophet was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Apostle said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Apostle in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.

One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Apostle with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Apostle came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Apostle!" Allah's Apostle said, "Yes." Abu Bakr said, "O Allah's Apostle! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Apostle replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).

Then Allah's Apostle and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Apostle and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.

(regarding the Verse) "And We granted the vision (Ascension to the heavens "Miraj") which We showed you (O Muhammad as an actual eye witness) but as a trial for mankind.' (17.60): Allah's Apostle actually saw with his own eyes the vision (all the things which were shown to him) on the night of his Night Journey to Jerusalem (and then to the heavens). The cursed tree which is mentioned in the Qur'an is the tree of Az-Zaqqum.

Ibn `Abbas said to us, "Shall I tell you the story of Abu Dhar's conversion to Islam?" We said, "Yes." He said, "Abu Dhar said: I was a man from the tribe of Ghifar. We heard that a man had appeared in Mecca, claiming to be a Prophet. ! said to my brother, 'Go to that man and talk to him and bring me his news.' He set out, met him and returned. I asked him, 'What is the news with you?' He said, 'By Allah, I saw a man enjoining what is good and forbidding what is evil.' I said to him, 'You have not satisfied me with this little information.' So, I took a waterskin and a stick and proceeded towards Mecca. Neither did I know him (i.e. the Prophet ), nor did I like to ask anyone about him. I Kept on drinking Zam zam water and staying in the Mosque. Then `Ali passed by me and said, 'It seems you are a stranger?' I said, 'Yes.' He proceeded to his house and I accompanied him. Neither did he ask me anything, nor did I tell him anything. Next morning I went to the Mosque to ask about the Prophet but no-one told me anything about him. `Ali passed by me again and asked, 'Hasn't the man recognized his dwelling place yet' I said, 'No.' He said, 'Come along with me.' He asked me, 'What is your business? What has brought you to this town?' I said to him, 'If you keep my secret, I will tell you.' He said, 'I will do,' I said to him, 'We have heard that a person has appeared here, claiming to be a Prophet. I sent my brother to speak to him and when he returned, he did not bring a satisfactory report; so I thought of meeting him personally.' `Ali said (to Abu Dhar), 'You have reached your goal; I am going to him just now, so follow me, and wherever I enter, enter after me. If I should see someone who may cause you trouble, I will stand near a wall pretending to mend my shoes (as a warning), and you should go away then.' `Ali proceeded and I accompanied him till he entered a place, and I entered with him to the Prophet to whom I said, 'Present (the principles of) Islam to me.' When he did, I embraced Islam 'immediately. He said to me, 'O Abu Dhar! Keep your conversion as a secret and return to your town; and when you hear of our victory, return to us. ' I said, 'By H him Who has sent you with the Truth, I will announce my conversion to Islam publicly amongst them (i.e. the infidels),' Abu Dhar went to the Mosque, where some people from Quraish were present, and said, 'O folk of Quraish ! I testify that None has the right to be worshipped except Allah, and I (also) testify that Muhammad is Allah's Slave and His Apostle.' (Hearing that) the Quraishi men said, 'Get at this Sabi (i.e. Muslim) !' They got up and beat me nearly to death. Al `Abbas saw me and threw himself over me to protect me. He then faced them and said, 'Woe to you! You want to kill a man from the tribe of Ghifar, although your trade and your communications are through the territory of Ghifar?' They therefore left me. The next morning I returned (to the Mosque) and said the same as I have said on the previous day. They again said, 'Get at this Sabi!' I was treated in the same way as on the previous day, and again Al-Abbas found me and threw himself over me to protect me and told them the same as he had said the day before.' So, that was the conversion of Abu Dhar (may Allah be Merciful to him) to Islam."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "

A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "

She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"

A'isha added, "We roused the camel I had been on and found the necklace under it."

Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."

Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."

Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.

Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."

Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

The Prophet said, "Whoever swears by a religion other than Islam (i.e. if he swears by saying that he is a non-Muslim in case he is telling a lie), then he is as he says if his oath is false and whoever commits suicide with something, will be punished with the same thing in the (Hell) fire, and cursing a believer is like murdering him, and whoever accuses a believer of disbelief, then it is as if he had killed him."

On his death-bed Allah's Apostle put a sheet over his-face and when he felt hot, he would remove it from his face. When in that state (of putting and removing the sheet) he said, "May Allah's Curse be on the Jews and the Christians for they build places of worship at the graves of their prophets." (By that) he intended to warn (the Muslim) from what they (i.e. Jews and Christians) had done.

Regarding the Statement of Allah" "And We granted the vision (Ascension to the heavens) which We made you see (as an actual eye witness) was only made as a trial for the people." (17.60) Ibn `Abbas added: The sights which Allah's Apostle was shown on the Night Journey when he was taken to Bait-ulMaqdis (i.e. Jerusalem) were actual sights, (not dreams). And the Cursed Tree (mentioned) in the Qur'an is the tree of Zaqqum (itself) .

That the Prophet sent his uncle, the brother of Um Sulaim at the head of seventy riders. The chief of the pagans, 'Amir bin at-Tufail proposed three suggestions (to the Prophet ) saying, "Choose one of three alternatives: (1) that the bedouins will be under your command and the townspeople will be under my command; (2) or that I will be your successor, (3) or otherwise I will attack you with two thousand from Bani Ghatafan." But 'Amir was infected with plague in the House of Um so-and-so. He said, "Shall I stay in the house of a lady from the family of so-and-so after having a (swelled) gland like that she-camel? Get me my horse." So he died on the back of his horse. Then Haram, the brother of Um Sulaim and a lame man along with another man from so-and-so (tribe) went towards the pagans (i.e. the tribe of 'Amir). Haram said (to his companions), "Stay near to me, for I will go to them. If they (i.e. infidels) should give me protection, you will be near to me, and if they should kill me, then you should go back to your companions. Then Haram went to them and said, "Will you give me protection so as to convey the message of Allah's Apostle ?" So, he started talking to them' but they signalled to a man (to kill him) and he went behind him and stabbed him (with a spear). He (i.e. Haram) said, "Allahu Akbar! I have succeeded, by the Lord of the Ka`ba!" The companion of Haram was pursued by the infidels, and then they (i.e. Haram's companions) were all killed except the lame man who was at the top of a mountain. Then Allah revealed to us a verse that was among the cancelled ones later on. It was: 'We have met our Lord and He is pleased with us and has made us pleased.' (After this event) the Prophet invoked evil on the infidels every morning for 30 days. He invoked evil upon the (tribes of) Ril, Dhakwan, Bani Lihyan and Usaiya who disobeyed Allah and His Apostle.

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

A group of Jews asked permission to visit the Prophet (and when they were admitted) they said, "As- Samu 'Alaika (Death be upon you)." I said (to them), "But death and the curse of Allah be upon you!" The Prophet said, "O `Aisha! Allah is kind and lenient and likes that one should be kind and lenient in all matters." I said, "Haven't you heard what they said?" He said, "I said (to them), 'Wa 'Alaikum (and upon you).