"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

A man from the Companions of the Prophet (saws) passed by ravine containing a small spring of thirst quenching water, so he was amazed by how pleasant it was. So he said: 'I should leave the people and stay in this ravine. But I will not do it until I seek permission from the Messenger of Allah (saws).' So he mentioned that to the Messenger of Allah (saws) and he said: 'Do not do so. For indeed one of you standing in the cause of Allah is more virtuous that his Salat in his house for seventy years. Do you not love that Allah forgive your sins and admit you into Paradise ? Then fight in the cause of Allah, for whoever fights in Allah's cause for the time it takes for two milkings of a camel, then Paradise is obligatory for him.'"

[Abu 'Eisa said:] This Hadith is Hasan.

Allah's Apostle said, "Whoever takes a false oath so as to take the property of a Muslim (illegally) will meet Allah while He will be angry with him." Al-Ash'ath said: By Allah, that saying concerned me. I had common land with a Jew, and the Jew later on denied my ownership, so I took him to the Prophet who asked me whether I had a proof of my ownership. When I replied in the negative, the Prophet asked the Jew to take an oath. I said, "O Allah's Apostle! He will take an oath and deprive me of my property." So, Allah revealed the following verse: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths." (3.77)

The Prophet appointed a man from the tribe of Al-Azd, called Ibn 'Utbiyya for collecting the Zakat. When he returned he said, "This (i.e. the Zakat) is for you and this has been given to my as a present." The Prophet said, "Why hadn't he stayed in his father's or mother's house to see whether he would be given presents or not? By Him in Whose Hands my life is, whoever takes something from the resources of the Zakat (unlawfully) will be carrying it on his neck on the Day of Resurrection; if it be a camel, it will be grunting; if a cow, it will be mooing; and if a sheep, it will be bleating." The Prophet then raised his hands till we saw the whiteness of his armpits, and he said thrice, "O Allah! Haven't I conveyed Your Message (to them)?"

That while he was with a delegation from Quraish to Muawiya, the latter heard the news that `Abdullah bin `Amr bin Al-`As said that there would be a king from the tribe of Qahtan. On that Muawiya became angry, got up and then praised Allah as He deserved, and said, "Now then, I have heard that some men amongst you narrate things which are neither in the Holy Book, nor have been told by Allah's Apostle. Those men are the ignorant amongst you. Beware of such hopes as make the people go astray, for I heard Allah's Apostle saying, 'Authority of ruling will remain with Quraish, and whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of the religion.' "

We went out with Allah's Apostle in the year of Al-Hudaibiya. One night it rained and Allah's Apostle led us in the Fajr prayer and (after finishing it), turned to us and said, "Do you know what your Lord has said?" We replied, "Allah and His Apostle know it better." He said, "Allah said:-- "(Some of) My slaves got up believing in Me, And (some of them) disbelieving in Me. The one who said: We have been given Rain through Allah's Mercy and Allah's Blessing and Allah's Bounty, then he is a believer in Me, and is a disbeliever in the star. And whoever said: We have been given rain because of such and- such star, then he is a believer in the star, and is a disbeliever in Me."

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.

`Affan told us: Shu`bah told us: `Alqamah bin Marthad told me... and he said in it: “Whoever learns the Qur`an or teaches it.”

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

Ibn Abza said to me, "Ask Ibn `Abbas regarding the Statement of Allah: 'And whoever murders a believer intentionally, his recompense is Hell.' (4.69) And also His Statement: '...nor kill such life as Allah has forbidden, except for a just cause .....except those who repent, believe, and do good deeds.' " (25.68-70) So I asked Ibn `Abbas and he said, "When this (25.68-69) was revealed, the people of Mecca said, "We have invoked other gods with Allah, and we have murdered such lives which Allah has made sacred, and we have committed illegal sexual intercourse. So Allah revealed: 'Except those who repent, believe, and do good deeds and Allah is Oft-Forgiving, Most Merciful.' (25.70)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "

Allah's Apostle (p.b.u.h) fell down from a horse and his right side was either injured or scratched, so we went to inquire about his health. The time for the prayer became due and he offered the prayer while sitting and we prayed while standing. He said, "The Imam is to be followed; so if he says Takbir, you should also say Takbir, and if he bows you should also bow; and when he lifts his head you should also do the same and if he says: Sami`a l-lahu liman hamidah (Allah hears whoever sends his praises to Him) you should say: Rabbana walakal-Hamd (O our Lord! All the praises are for You.") (See Hadith No. 656 Vol. 1).

Allah's Apostle used to practice I`tikaf in the middle ten days of Ramadan and once he stayed in I`tikaf till the night of the twenty-first and it was the night in the morning of which he used to come out of his I`tikaf. The Prophet said, "Whoever was in I`tikaf with me should stay in I`tikaf for the last ten days, for I was informed (of the date) of the Night (of Qadr) but I have been caused to forget it. (In the dream) I saw myself prostrating in mud and water in the morning of that night. So, look for it in the last ten nights and in the odd ones of them." It rained that night and the roof of the mosque dribbled as it was made of leaf stalks of date-palms. I saw with my own eyes the mark of mud and water on the forehead of the Prophet (i.e. in the morning of the twenty-first).

That the Messenger of Allah (saws) said: "Whoever meets Allah without any traces from Jihad he meets Allah with a defect.

[Abu 'Eisa said:] This Hadith is Gharib as a narration of Al-Walid bin Muslim from Isma'il bin Rafi'. Isma'il bin Rafi' was graded weak by some of the people of Hadith. I heard Muhammad saying: "He is trustworthy, average (Muqarib) in Hadith."

This Hadith has been reported from Abu Hurairah from the Prophet (saws) through other than this route. Regarding the Hadith of Salman, its chain is not connected, Muhammad bin Al-Munkadir did not see Salman Al-Farisi.

This Hadith has been reported from Ayyub bin Musa, from Makhul, from Shurahbil bin As-Simt from Salman, from the Prophet (saws).

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

Abu Dawud said: Abu Sa’id al-Khudri, Ibn al-Zubair and Ibn ‘Umar hold the opinion that whoever gets an odd number of the rak’ahs of prayer, he should perform two prostrations on account of forgetfulness.

It was narrated from Humran, the freed slave of ‘Uthman, that he saw `Uthman (رضي الله عنه) call for a vessel,... and he mentioned a similar report.

While we were in the mosque, Allah's Apostle came out and said, "Let us proceed to the Jews." So we went out with him till we came to Bait-al-Midras. The Prophet stood up there and called them, saying, "O assembly of Jews! Surrender to Allah (embrace Islam) and you will be safe!" They said, "You have conveyed Allah's message, O Aba-al-Qasim" Allah's Apostle then said to them, "That is what I want; embrace Islam and you will be safe." They said, "You have conveyed the message, O Aba-al- Qasim." Allah's Apostle then said to them, "That is what I want," and repeated his words for the third time and added, "Know that the earth is for Allah and I want to exile you from this land, so whoever among you has property he should sell it, otherwise, know that the land is for Allah and His Apostle."

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr, from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever says 'There is no god but Allah, alone, without any partner. The Kingdom and praise belong to Him and He has power over everything' (La ilaha illa'llah, wahdahu la sharika lah, lahu'l mulku wa lahu'l hamd, wa huwa ala kulli shay'in qadir) one hundred times a day, it is the same for him as freeing ten slaves. One hundred good actions are written for him and one hundred wrong actions are erased from him, and it is a protection from Shaytan for that day until the night. No-one does anything more excellent than what he does except someone who does more than that."

Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting, (and Allah knows better than the slave that it is an excuse for him and that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His book, 'Whoever among you is ill or on a journey (must fast) a number of other days,' and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

On the day of Nahr Allah's Apostle delivered the Khutba after the `Id prayer and said, "Anyone who prayed like us and slaughtered the sacrifice like we did then he acted according to our (Nusuk) tradition of sacrificing, and whoever slaughtered the sacrifice before the prayer, then that was just mutton (i.e. not sacrifice)." Abu Burda bin Naiyar stood up and said, "O Allah's Apostle! By Allah, I slaughtered my sacrifice before I offered the (Id) prayer and thought that today was the day of eating and drinking (nonalcoholic drinks) and so I made haste (in slaughtering) and ate and also fed my family and neighbors." Allah's Apostle said, "That was just mutton (not a sacrifice)." Then Abu Burda said, "I have a young she-goat and no doubt, it is better than two sheep. Will that be sufficient as a sacrifice for me?" The Prophet replied, "Yes. But it will not be sufficient for anyone else (as a sacrifice), after you."

The Prophet "Whoever gets up at night and says: -- 'La ilaha il-lallah Wahdahu la Sharika lahu Lahu-lmulk, waLahu-l-hamd wahuwa 'ala kullishai'in Qadir. Al hamdu lil-lahi wa subhanal-lahi wa la-ilaha il-lal-lah wa-l-lahu akbar wa la hawla Wala Quwata il-la-bil-lah.' (None has the right to be worshipped but Allah. He is the Only One and has no partners . For Him is the Kingdom and all the praises are due for Him. He is Omnipotent. All the praises are for Allah. All the glories are for Allah. And none has the right to be worshipped but Allah, And Allah is Great And there is neither Might nor Power Except with Allah). And then says: -- Allahumma, Ighfir li (O Allah! Forgive me). Or invokes (Allah), he will be responded to and if he performs ablution (and prays), his prayer will be accepted."

Ibn `Umar said, "In the lifetime of the Prophet I dreamt that a piece of silk cloth was in my hand and it flew with me to whichever part of Paradise I wanted. I also saw as if two persons (i.e. angels) came to me and wanted to take me to Hell. Then an angel met us and told me not to be afraid. He then told them to leave me. Hafsa narrated one of my dreams to the Prophet and the Prophet said, "Abdullah is a good man. Would that he offer the night prayer (Tahajjud)!" So after that day `Abdullah (bin `Umar) started offering Tahajjud. The companions of the Prophet (p.b.u.h) used to tell him their dreams that (Laila-tul-Qadr) was on the 27th of the month of Ramadan. The Prophet said, "I see that your dreams agree on the last ten nights of Ramadan and so whoever is in search of it should seek it in the last ten nights of Ramadan."

We set out with Allah's Apostle in the year of his Last Hajj and we mended (the Ihram) for `Umra. Then the Prophet said, "Whoever has a Hadi with him should assume Ihram for both Hajj and `Umra, and should not finish it till he performs both of the them (Hajj and `Umra)." When we reached Mecca, I had my menses. When we had performed our Hajj, the Prophet sent me with `Abdur-Rahman to Tan`im and I performed the `Umra. The Prophet said, "This is in lieu of your missed `Umra." Those who had assumed Ihram for `Umra performed Tawaf (between Safa and Marwa) and then finished their Ihram. And then they performed another Tawaf (between Safa and Marwa) after returning from Mina. And those who had assumed lhram for Hajj and `Umra to get her ( Hajj-Qiran ) performed only one Tawaf (between Safa and Marwa).

I asked Abu Sa`id, and he was a friend of mine, (about the Night of Qadr) and he said, "We practiced I`tikaf (seclusion in the mosque) in the middle third of the month of Ramadan with the Prophet . In the morning of the 20th of Ramadan, the Prophet came and addressed us and said, 'I was informed of (the date of the Night of Qadr) but I was caused to forget it; so search for it in the odd nights of the last ten nights of the month of Ramadan. (In the dream) I saw myself prostrating in mud and water (as a sign). So, whoever was in I`tikaf with me should return to it with me (for another 10-day's period)', and we returned. At that time there was no sign of clouds in the sky but suddenly a cloud came and it rained till rainwater started leaking through the roof of the mosque which was made of date-palm leaf stalks. Then the prayer was established and I saw Allah's Apostle prostrating in mud and water and I saw the traces of mud on his forehead."

That the Messenger of Allah (saws) said: "Whoever drinks Khamr, Salat is not accepted from him for forty days. If he repents, then Allah will accept his repentance. It he returns to it, then Allah will not accept his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it, then Allah will not accepts his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it a fourth time, Allah will not accept his Salat for forty days, and if he were to repent, Allah would not accept his repentance, and he will be given to drink from the river of Al-Khabal." They said: "O Aby 'Abdur-Rahman! What is the river of Al-Khabal?" He said: "A river of the pus from the inhabitants of the Fire."

[Abu 'Eisa said:] This Hadith is Hasan. Similar to this has been reported from 'Abdullah bin 'Amr and Ibn 'Abbas from the Prophet (saws).

Similar to the narration of Abu Mu'aqiyah (no. 1604) but he did not mention in it: "from Jarir" in it, and that is more correct.

There is something on this topic from Samurah.

[Abu 'Eisa said:] Most of the companions of Isma'il said: "From Isma'il, from Qais bin Abu Hazim, that the Messenger of Allah (saws) sent a military expedition." and they did not mention: "from Jarir" in it.

Hammad bin Salamah reported similar to the narration of Abu Mu'awiyah, from Al-Hajjaj bin Artah, from Isma'il bin Abi Khalid, from Qais from Jarir

[He said:] I heard Muhammad saying: "What is correct is the narration of Qais from the Prophet (saws) in Mursal form."

Samurah bin Jundab repoted that the Prophet (saws) said: "Do not live among the idolaters, and do not assemble with them, for whoever lives among them or assembles with them then he is similar to them."

"O Ka'b bin Murrah! Relate (something) to is from the Messenger of Allah (saws), and be cautious. He said: 'I heard the Prophet (saws) say: "Whoever develops some gray hair in Islam, it shall be a light from him on the Day of Judgement."

[Abu 'Eisa said:] There is something on this topic from Fadalah bin 'Ubaid and 'Abdullah bin 'Amr. The narration of Ka'b bin Murrah was reported like this from Al-A'mash, from 'Amr bin Murrah.

This Hadith is been reported from Mansur, from Salim bin Abu Al-Ja'd, and he included a man between him and between Ka'b bin Murrah in the chain. He is called: "Ka'b bin Murrah," and he is called: "Murrah bin Ka'b Al-Bahzi," and the one known among the Companions of the Prophet (saws) is Ka'b bin Murrah Al-Bahzi, he reported some Ahadith from the Prophet (saws).

The Prophet said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.' ........(3.77) Al-Ashath came (to the place where `Abdullah was narrating) and said, "What has Abu `Abdur- Rahman (i.e. `Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Apostle! He will take a (false) oath immediately.' Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692)

That `Aisha told him that Barirah came to seek her help in her writing of emancipation (for a certain sum) and that time she had not paid anything of it. `Aisha said to her, "Go back to your masters, and if they agree that I will pay the amount of your writing of emancipation and get your Wala', I will do so." Barirah informed her masters of that but they refused and said, "If she (i.e. `Aisha) is seeking Allah's reward, then she can do so, but your Wala' will be for us." `Aisha mentioned that to Allah's Apostle who said to her, "Buy and manumit (free) her, as the Wala' is for the liberator." Allah's Apostle then got up and said, "What about the people who stipulate conditions which are not present in Allah's Laws? Whoever imposes conditions which are not present in Allah's Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah's conditions (Laws) are the truth and are more solid."

Who had taken part in the battle of Badr with Allah's Apostle and had been amongst his companions on the night of Al-`Aqaba Pledge: Allah's Apostle, surrounded by a group of his companions said, "Come along and give me the pledge of allegiance that you will not worship anything besides Allah, will not steal, will not commit illegal sexual intercourse will not kill your children, will not utter; slander, invented by yourself, and will not disobey me if I order you to do something good. Whoever among you will respect and fulfill this pledge, will be rewarded by Allah. And if one of you commits any of these sins and is punished in this world then that will be his expiation for it, and if one of you commits any of these sins and Allah screens his sin, then his matter, will rest with Allah: If He will, He will punish him and if He will,. He will excuse him." So I gave the pledge of allegiance to him for these conditions.

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

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."

It was narrated that Masarrah bin Ma`bad said: Yazeed bin Abi Kabshah led us in praying `Asr, then he turned to us after the prayer and said: I prayed with Marwan bin al-Hakam and he did two prostrations like these, then he turned to us and told us that he prayed with ‘Uthman (رضي الله عنه), who narrated from the Prophet (ﷺ) ... and he mentioned a similar report.