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

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

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

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

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

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

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

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

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

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

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

The people used to consider the performance of `Umra in the months of Hajj an evil deed on the earth, and they used to call the month of Muharram as Safar and used to say, "When (the wounds over) the backs (of the camels) have healed and the foot-marks (of the camels) have vanished (after coming from Hajj), then `Umra becomes legal for the one who wants to perform `Umra." Allah's Apostle and his companions reached Mecca assuming Ihram for Hajj on the fourth of Dhul-Hijja. The Prophet ordered his companions to perform `Umra (with that lhram instead of Hajj). They asked, "O Allah's Apostle! What kind of finishing of Ihram?" The Prophet said, "Finish the Ihram completely.'

[Abu 'Eisa said:] This is how it was reported from Waki' and others from Sufyan. And other than Muhammad bin Bash-shar reported it from 'Abdur-Rahman bin Mahdi, and he mentioned the matter of the Jizyah in it.

Allah's Apostle taught me the Tashah-hud as he taught me a Sura from the Qur'an, while my hand was between his hands. (Tashah-hud was) all the best compliments and the prayers and the good things are for Allah. Peace and Allah's Mercy and Blessings be on you, O Prophet! Peace be on us and on the pious slaves of Allah, I testify that none has the right to be worshipped but Allah, and I also testify that Muhammad is Allah's slave and His Apostle. (We used to recite this in the prayer) during the lifetime of the Prophet , but when he had died, we used to say, "Peace be on the Prophet."

`Abdullah bin Az-Zubair was the most beloved person to `Aisha excluding the Prophet and Abu Bakr, and he in his turn, was the most devoted to her, `Aisha used not to withhold the money given to her by Allah, but she used to spend it in charity. (`Abdullah) bin AzZubair said, " `Aisha should be stopped from doing so." (When `Aisha heard this), she said protestingly, "Shall I be stopped from doing so? I vow that I will never talk to `Abdullah bin Az-Zubair." On that, Ibn Az-Zubair asked some people from Quraish and particularly the two uncles of Allah's Apostle to intercede with her, but she refused (to talk to him). Az-Zuhriyun, the uncles of the Prophet, including `Abdur-Rahman bin Al-Aswad bin `Abd Yaghuth and Al-Miswar bin Makhrama said to him, "When we ask for the permission to visit her, enter her house along with us (without taking her leave)." He did accordingly (and she accepted their intercession). He sent her ten slaves whom she manumitted as an expiation for (not keeping) her vow. `Aisha manumitted more slaves for the same purpose till she manumitted forty slaves. She said, "I wish I had specified what I would have done in case of not fulfilling my vow when I made the vow, so that I might have done it easily."

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

Regarding the Holy Verse:--'And to everyone, We have appointed heirs..' And:-- (4.33) 'To those also to Whom your right hands have pledged.' (4.33) When the emigrants came to Medina, the Ansar used to be the heir of the emigrants (and vice versa) instead of their own kindred by blood (Dhawl-l-arham), and that was because of the bond of brotherhood which the Prophet had established between them, i.e. the Ansar and the emigrants. But when the Divine Verse:-- 'And to everyone We have appointed heirs,' (4.33) was revealed, it cancelled the other, order i.e. 'To those also, to whom Your right hands have pledged.'

Allah's Apostle sent ten persons to bring the enemy's secrets and Khubaib Al-Ansari was one of them. 'Ubaidullah bin 'Iyad told me that the daughter of Al-Harith told him that when they gathered (to kill Khubaib Al Ansari) he asked for a razor to clean his pubic region, and when they had taken him outside the sanctuary of Mecca in order to kill him, he said in verse, "I don't care if I am killed as a Muslim, on any side (of my body) I may be killed in Allah's Cause; for that is for the sake of Allah's very Self; and if He will, He will bestow His Blessings upon the torn pieces of my body." Then Ibn Al-Harith killed him, and the Prophet informed his companions of the death of those (ten men) on the very day they were killed.

Regarding the Verse:-- "Then what is the matter with you that you are divided into two parties about the hypocrites?" (4.88) Some of the companions of the Prophet returned from the battle of Uhud (i.e. refused to fight) whereupon the Muslims got divided into two parties; one of them was in favor of their execution and the other was not in favour of it. So there ware revealed: "Then what is the matter with you that you are divided into two parties about the hypocrites?" (4.88). Then the Prophet said "It (i.e. Medina) is aTayyaboh (good), it expels impurities as the fire expels the impurities of silver."

When the Prophet fell ill in his fatal illness, he started saying, "With the highest companion."

Who was Ka`b's guide from among his sons when Ka`b became blind: I heard Ka`b bin Malik saying, "When some people remained behind and did not join Allah's Apostle in the battle of Tabuk.." and then he described the whole narration and said, "Allah's Apostle forbade the Muslims to speak to us, and so we (I and my companions) stayed fifty nights in that state, and then Allah's Apostle announced Allah's acceptance of our repentance."

When `Abdullah bin 'Ubai died, his son `Abdullah bin `Abdullah came to Allah's Apostle and asked him to give him his shirt in order to shroud his father in it. He gave it to him and then `Abdullah asked the Prophet to offer the funeral prayer for him (his father). Allah's Apostle got up to offer the funeral prayer for him, but `Umar got up too and got hold of the garment of Allah's Apostle and said, "O Allah's Apostle Will you offer the funeral prayer for him though your Lord has forbidden you to offer the prayer for him" Allah's Apostle said, "But Allah has given me the choice by saying: '(Whether you) ask forgiveness for them, or do not ask forgiveness for them; even if you ask forgiveness for them seventy times..' (9.80) so I will ask more than seventy times." `Umar said, "But he (`Abdullah bin 'Ubai) is a hypocrite!" However, Allah's Apostle did offer the funeral prayer for him whereupon Allah revealed: 'And never (O Muhammad) pray for anyone of them that dies, nor stand at his grave.' (9.84)

The Messenger of Allah (saws) addressed us and said: Is here any one of such and such tribe present? But no one replied.

He again asked: Is here any one of such and such tribe present? But no one replied.

He again asked: Is here any one of such and such tribe?

Then a man stood and said: I am (here), Messenger of Allah.

He said: What prevented you from replying the first two times? I wish to tell you something good.

Your companion has been detained (from entering Paradise) on account of his debt. Then I saw him that he paid off all his debt on his behalf and there remained no one to demand from him anything.

Abu Dawud said: The name of the narrator Sam'an is Sam'an b. Mushannaj.

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar wrote to Abd al-Malik ibn Marwan, making an oath of allegiance. He wrote, "In the name of Allah, the Merciful, the Compassionate. To the slave of Allah, Abd al-Malik, the amir al-muminin, Peace be upon you. I praise Allah to you. There is no god but Him. I acknowledge your right to my hearing and my obedience according to the sunna of Allah and the sunna of His Prophet, in what I am able."

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

When Allah 's Apostle was in good health, he used to say, "Never does a prophet die unless he is shown his place in Paradise ( before his death ), and then he is made alive or given option." When the Prophet became ill and his last moments came while his head was on my thigh, he became unconscious, and when he came to his senses, he looked towards the roof of the house and then said, "O Allah! (Please let me be) with the highest companion." Thereupon I said, "Hence he is not going to stay with us? " Then I came to know that his state was the confirmation of the narration he used to mention to us while he was in good health.

When the Prophet of Allah (saws) was lifted to the heavens (for travelling) in Paradise, or as he said, a river whose banks were of transparent or hollowed pearls was presented to him. The angel who was with him struck it with his hand and took out musk. Muhammad (saws) then asked the angel who was with him: What is this? He replied: It is al-Kawthar which Allah has given you.

We were digging (the trench) on the day of (Al-Khandaq ( i.e. Trench )) and we came across a big solid rock. We went to the Prophet and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. So the Prophet took the spade and struck the big solid rock and it became like sand. I said, "O Allah's Apostle! Allow me to go home." (When the Prophet allowed me) I said to my wife, "I saw the Prophet in a state that I cannot treat lightly. Have you got something (for him to eat?" She replied, "I have barley and a she goat." So I slaughtered the she-kid and she ground the barley; then we put the meat in the earthenware cooking pot. Then I came to the Prophet when the dough had become soft and fermented and (the meat in) the pot over the stone trivet had nearly been well-cooked, and said, "I have got a little food prepared, so get up O Allah's Apostle, you and one or two men along with you (for the food)." The Prophet asked, "How much is that food?" I told him about it. He said, "It is abundant and good. Tell your wife not to remove the earthenware pot from the fire and not to take out any bread from the oven till I reach there." Then he said (to all his companions), "Get up." So the Muhajirn (i.e. Emigrants) and the Ansar got up. When I came to my wife, I said, "Allah's Mercy be upon you! The Prophet came along with the Muhajirin and the Ansar and those who were present with them." She said, "Did the Prophet ask you (how much food you had)?" I replied, "Yes." Then the Prophet said, "Enter and do not throng." The Prophet started cutting the bread (into pieces) and put the cooked meat over it. He covered the earthenware pot and the oven whenever he took something out of them. He would give the food to his companions and take the meat out of the pot. He went on cutting the bread and scooping the meat (for his companions) till they all ate their fill, and even then, some food remained. Then the Prophet said (to my wife), "Eat and present to others as the people are struck with hunger."

When the helmet broke on the head of the Prophet and his face became covered with blood and his incisor tooth broke (i.e. during the battle of Uhud), `Ali used to bring water in his shield while Fatima was washing the blood off his face. When Fatima saw that the bleeding increased because of the water, she took a mat (of palm leaves), burnt it, and stuck it (the burnt ashes) on the wound of Allah's Apostle, whereupon the bleeding stopped.

[Abu 'Eisa said:] This Hadith is Hadith Gharib. 'Abdullah bin Abi Najih is from Makkah, and Abu Najih's name is Yasar.

Allah's Apostle said to Abu Talha, "Seek one of your boys to serve me." Abu Talha mounted me behind him (on his riding animal) and took me (to the Prophet ). So I used to serve Allah's Apostle whenever he dismounted (to stay somewhere). I used to hear him saying very often, "O Allah! I seek refuge with You from, having worries sadness, helplessness, laziness, miserliness, cowardice, from being heavily in debt and from being overpowered by other persons unjustly." I kept on serving till we -returned from the battle of Khaibar. The Prophet then brought Safiyya bint Huyai whom he had won from the war booty. I saw him folding up a gown or a garment for her to sit on behind him (on his shecamel). When he reached As-Sahba', he prepared Hais and placed it on a dining sheet. Then he sent me to invite men, who (came and) ate; and that was his and Safiyya's wedding banquet. Then the Prophet proceeded, and when he saw (noticed) the mountain of Uhud, he said, "This mountain loves us, and we love it." When we approached Medina, he said, "O Allah! I make the area between its two mountains a sanctuary as Abraham has made Mecca a sanctuary. O Allah! Bless their Mudd and Sa (special kinds of measure).

Abu Dawud said: This tradition is known as mursal (the successor reports directly from the Prophet, omitting then name of the Companion). The people narrated it from the Prophet (saws) on the authority of 'Ata'. Makhlad is his teacher.