A man passed by Allah's Apostle and the Prophet asked a man sitting beside him, "What is your opinion about this (passer-by)?" He replied, "This (passer-by) is from the noble class of people. By Allah, if he should ask for a lady's hand in marriage, he ought to be given her in marriage, and if he intercedes for somebody, his intercession will be accepted. Allah's Apostle kept quiet, and then another man passed by and Allah's Apostle asked the same man (his companion) again, "What is your opinion about this (second) one?" He said, "O Allah's Apostle! This person is one of the poor Muslims. If he should ask a lady's hand in marriage, no-one will accept him, and if he intercedes for somebody, no one will accept his intercession, and if he talks, no-one will listen to his talk." Then Allah's Apostle said, "This (poor man) is better than such a large number of the first type (i.e. rich men) as to fill the earth."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Once when I was young I said to A'isha, umm al-muminin, 'Have you seen the saying of Allah, the Blessed and Exalted, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them," so it follows that there should be no harm for some one who does not go between them.'

A'isha said, 'No. If it were as you say, there would be no harm in his not going between them. This ayat was only revealed about the Ansar. They used to make pilgrimage to Manat, and Manat was an idol near Qudayd, and they used to avoid going between Safa and Marwa, and when Islam came they asked the Messenger of Allah, may Allah bless him and grant him peace, about this and Allah, the Blessed and Exalted, revealed, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them. " ' "

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

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

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

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

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

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

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

Allah's Apostle sent a letter to Khosrau and told his messenger to give it first to the ruler of Bahrain, and tell him to deliver it to Khosrau. When Khosrau had read it, he tore it into pieces. (Az-Zuhri said: I think Ibn Al-Musaiyab said, "Allah's Apostle invoked Allah to tear them (Khosrau and his followers) into pieces."

Malik related to me from Abdullah ibn Abi Bakr from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man sneezes, invoke a blessing on him. Then if he sneezes, invoke a blessing on him. Then if he sneezes, invoke a blessing on him. Then if he sneezes, say, 'You have a cold'." Abdullah ibn Abi Bakr said, "I don't know whether it was after the third or fourth."

The Prophet (saws) said: I have told you so much about the Dajjal (Antichrist) that I am afraid you may not understand. The Antichrist is short, hen-toed, woolly-haired, one-eyed, an eye-sightless, and neither protruding nor deep-seated. If you are confused about him, know that your Lord is not one-eyed.

Abu Dawud said: 'Amr bin Al-Aswad was appointed a judge.

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that Amra bint Abd ar-Rahman told him that she had heard A'isha, the umm al-muminin, say (when it was mentioned to her that Abdullah ibn Umar used to say, "The dead are tormented by the weeping of the living"), "May Allah forgive Abu Abd ar-Rahman. Of course he has not lied, but he has forgotten, or made a mistake. The Messenger of Allah, may Allah bless him and grant him peace, passed by a jewish woman whose family were crying over her and he said, 'You are crying over her, and she is being tormented in her grave. ' "

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

I heard `Uthman bin `Affan saying, when people argued too much about his intention to reconstruct the mosque of Allah's Apostle, "You have talked too much. I heard the Prophet saying, 'Whoever built a mosque, (Bukair thought that `Asim, another sub-narrator, added, "Intending Allah's Pleasure"), Allah would build for him a similar place in Paradise.' "

That the mother of Sa`d bin Ubada the brother of Bani Saida died in Sa`d's absence, so he came to the Prophet saying, "O Allah's Apostle! My mother died in my absence, will it benefit her if I give in charity on her behalf?" The Prophet said, "Yes." Sa`d said, "I take you as my witness that I give my garden Al-Makhraf in charity on her behalf."

"When Hafsa became a widow," `Umar said, "I met Abu Bakr and said to him, 'If you wish I will marry Hafsa bint `Umar to you.' I waited for a few days then Allah's Apostle asked for her hand. Later Abu Bakr met me and said, 'Nothing stopped me from returning to you concerning your offer except that I knew that Allah's Apostle had mentioned (his wish to marry) her, and I could never let out the secret of Allah's Apostle . If he had left her, I would have accepted her.' "

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

I said to `Aisha, the wife of the Prophet, and I was at that time a young boy, "How do you interpret the Statement of Allah: "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah." So it is not harmful of those who perform the Hajj to the House of Allah) or perform the Umra, to ambulate (Tawaf) between them. In my opinion it is not sinful for one not to ambulate (Tawaf) between them." `Aisha said, "Your interpretation is wrong for as you say, the Verse should have been: "So it is not harmful of those who perform the Hajj or Umra to the House, not to ambulate (Tawaf) between them.' This Verse was revealed in connection with the Ansar who (during the Pre-Islamic Period) used to visit Manat (i.e. an idol) after assuming their Ihram, and it was situated near Qudaid (i.e. a place at Mecca), and they used to regard it sinful to ambulate between Safa and Marwa after embracing Islam. When Islam came, they asked Allah's Apostle about it, whereupon Allah revealed:-- "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah. So it is not harmful of those who perform the Hajj of the House (of Allah) or perform the Umra, to ambulate (Tawaf) between them." (2.158)

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

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

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

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

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

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

'Abdullah b. Zaid al-Ansari reported that the Messenger of Allah (may peace be upon him) went out to the place of prayer in order to offer prayer for rainfall. And when he intended to make supplication he faced Qibla and turned round his mantle.

Yahya related to me from Malik that Muhammad ibn Abd ar-Rahman ibn Nawfal said, ''Urwa ibn az-Zubayr informed me from A'isha umm al- muminin that Judama bint Wahb al-Asadiyya informed her that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children.' "

Malik explained, "Ghila is that a man has intercourse with his wife while she is suckling."

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' ...

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that A'isha umm al-muminin told him that Aflah, the brother of Abu'l-Quays came and asked permission to visit her after the veil had been lowered, and he was her paternal uncle by suckling. She said, "I refusedto give him permission to enter. When the Messenger of Allah, may Allah bless him and grant him peace, came, I told him about what I had done, and he ordered me to give him permission to enter."

Yahya related to me from Malik that he had heard that one of the administrators of Umar ibn Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to Umar and mentioned that to him, and Umar wrote back telling him to take the zakat from him.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Yahya related to me from Malik that Zayd ibn Aslam used to say, "No-one makes a dua without one of three things happening. Either it is answered, or it is stored up for him, or wrong actions are atoned for by it."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas and Abdullah ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphans (4.3) She said, "O my nephew! This Verse refers to the orphan girl who is under the guardianship of her guardian who likes her beauty and wealth and wishes to (marry her and) curtails her Mahr. Such guardians have been forbidden to marry them unless they do justice by giving them their full Mahr, and they have been ordered to marry other than them. The people asked for the verdict of Allah's Apostle after that, so Allah revealed: 'They ask your instruction concerning the women . . . whom you desire to marry.' (4.127) So Allah revealed to them that if the orphan girl had beauty and wealth, they desired to marry her and for her family status. They can only marry them if they give them their full Mahr. And if they had no desire to marry them because of their lack of wealth and beauty, they would leave them and marry other women. So, as they used to leave them, when they had no interest, in them, they were forbidden to marry them when they had such interest, unless they treated them justly and gave them their full Mahr Apostle said, 'If at all there is evil omen, it is in the horse, the woman and the house." a lady is to be warded off. And the Statement of Allah: 'Truly, among your wives and your children, there are enemies for you (i.e may stop you from the obedience of Allah)' (64.14)

It was one of the favors of Allah towards me that Allah's Apostle expired in my house on the day of my turn while he was leaning against my chest and Allah made my saliva mix with his saliva at his death. `Abdur-Rahman entered upon me with a Siwak in his hand and I was supporting (the back of) Allah's Apostle (against my chest ). I saw the Prophet looking at it (i.e. Siwak) and I knew that he loved the Siwak, so I said ( to him ), "Shall I take it for you ? " He nodded in agreement. So I took it and it was too stiff for him to use, so I said, "Shall I soften it for you ?" He nodded his approval. So I softened it and he cleaned his teeth with it. In front of him there was a jug or a tin, (The sub-narrator, `Umar is in doubt as to which was right) containing water. He started dipping his hand in the water and rubbing his face with it, he said, "None has the right to be worshipped except Allah. Death has its agonies." He then lifted his hands (towards the sky) and started saying, "With the highest companion," till he expired and his hand dropped down.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

Once the people doubted the appearance of the moon of Ramadan, and intended neither to offer the tarawih prayer nor to keep fast. A bedouin came from al-Harrah and testified that he had sighted the moon. He was brought to the Prophet (saws). He asked: Do you testify that there is no god but Allah, and that I am the Messenger of Allah? He said: Yes; and he testified that he had sighted the moon. He commanded Bilal who announced to the people to offer the tarawih prayer and to keep fast.

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling, so he went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take or leave."

Uqbah consulted the Prophet (saws) about his sister who took a vow to perform hajj barefooted and bareheaded. So he said: Command her to cover her head and to ride, and to fast three days.

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 Abu Sufyan bin Harb told him that Heraclius had called him along with the members of a Quraish caravan and then said to his interpreter, "Tell them that I want to ask this (Abu Sufyan) a question, and if he tries to tell me a lie, they should contradict him." Then Abu Sufyan mentioned the whole narration and said that Heraclius said to the inter Peter, "Say to him (Abu Sufyan), 'If what you say is true, then he (the Prophet) will take over the place underneath my two feet.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never wash his head while he was in ihram except if he had to do ghusl because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm in someone who is in ihram rubbing his head with certain kinds of plants after he has stoned the Jamrat al-Aqaba but before he has shaved his head, because once he has finished stoning the Jamrat al-Aqaba it is halal for him to kill lice, to shave his head, to clean himself of body hair, and to wear normal clothes."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not mutilate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."

The Prophet ordered me to supervise the (slaughtering) of Budn (Hadi camel) and to distribute their meat, skins and covering sheets in charity and not to give anything (of their bodies) to the butcher as wages for slaughtering.

'A'isha (Allah be pleased with her) reported that Aflah, the brother of Abu'l-Qu'ais, who was her uncle by reason of fosterage, came, and asked her permission (to enter the house) after seclusion (Hijab) was instituted. I refused to admit him. When Allah's Messenger (may peace be upon him) came, I informed him what I had done. He commanded me to grant him permission (as the brother of her foster-father was also her uncle).

Yahya related to me from Malik that he had heard that when the Messenger of Allah, may Allah bless him and grant him peace, had finished his tawaf of the House, prayed two rakas, and wanted to go to Safa and Marwa, he would salute the corner of the Black Stone before he left.

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik ...

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."