One day Allah's Apostle narrated to us a long narration about Ad-Dajjal and among the things he narrated to us, was: "Ad-Dajjal will come, and he will be forbidden to enter the mountain passes of Medina. He will encamp in one of the salt areas neighboring Medina and there will appear to him a man who will be the best or one of the best of the people. He will say 'I testify that you are Ad-Dajjal whose story Allah's Apostle has told us.' Ad-Dajjal will say (to his audience), 'Look, if I kill this man and then give him life, will you have any doubt about my claim?' They will reply, 'No,' Then Ad- Dajjal will kill that man and then will make him alive. The man will say, 'By Allah, now I recognize you more than ever!' Ad-Dajjal will then try to kill him (again) but he will not be given the power to do so."

The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadith No. 629. Vol. 5)

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

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.

Yahya related to me from Malik that he asked Abd ar-Rahman ibn Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied, "From wherever it was possible."

Yahya said that Malik was asked whether some one else could throw the stones for a child or a sick man and he said, "Yes, and a sick man should inquire as to when the stones will be thrown for him and then say the takbir while he is in the place where he is staying, bleeding. If a sick man regains his health during the days of tashriq, he should stone whatever stoning has been done for him and he must offer a sacrificial animal."

Malik said, "I do not consider that someone who stones the jamras or does say between Safa and Marwa without being in wudu has to repeat anything, but he should not make a general practice of it."

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Malik said, "It is not halal to marry a christian or jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)

Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to christian and jewish slave-girls from the People of the Book."

Malik said, "The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."

The people (of the Pre-Islamic Period) used to think that to perform `Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) `Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul- Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for `Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)."

`Abdullah bin `Abdullah bin `Umar and his riding animal entered the house of Ibn `Umar. He (the son of Ibn `Umar) said, "I fear that this year a battle might take place between the people and you might be prevented from going to the Ka`ba. I suggest that you should stay here." Ibn `Umar said, "Once Allah's Apostle set out for the pilgrimage, and the pagans of Quraish intervened between him and the Ka`ba. So, if the people intervened between me and the Ka`ba, I would do the same as Allah's Apostle had done . . . "Verily, in Allah's Apostle you have a good example." Then he added, "I make you a witness that I have intended to perform Hajj along with `Umra." After arriving at Mecca, Ibn `Umar performed one Tawaf only (between Safa and Marwa).

"The Messenger of Allah (saws) was a slave (of Allah), who would order as he has ben ordered to. He did not give an order to us instead of the people regarding anything except for three: He ordered us that we make our Wudu' well (Isbagh), that we not eat from charity, and the we not mate a donkey with a horse."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Sahih.

Sufyan Ath-Thawri reported this from Abu Jahdam, who said: "From 'Ubaidullah bin 'Abdullah bin 'Abbas, from Ibn 'Abbas." He said I heard Muhammad saying: "The narration of Ath-Thawri is not preserved. Ath-Thawri made a mistake in it. What is correct is what Ismail bin 'Ulaiyyah and 'Abul-Warith bin Sa'eed reported from Abu Jahdam, from 'Abdullah bin 'Ubaidullah bin 'Abbas from Ibn 'Abbas."

An Ansari man quarreled with Az-Zubair in the presence of the Prophet about the Harra Canals which were used for irrigating the date-palms. The Ansari man said to Az-Zubair, "Let the water pass' but Az-Zubair refused to do so. So, the case was brought before the Prophet who said to Az-Zubair, "O Zubair! Irrigate (your land) and then let the water pass to your neighbor." On that the Ansari got angry and said to the Prophet, "Is it because he (i.e. Zubair) is your aunt's son?" On that the color of the face of Allah's Apostle changed (because of anger) and he said, "O Zubair! Irrigate (your land) and then withhold the water till it reaches the walls between the pits round the trees." Zubair said, "By Allah, I think that the following verse was revealed on this occasion": "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)

When it was the day of Al-Ahzab (i.e. the clans) and Allah's Apostle dug the trench, I saw him carrying earth out of the trench till dust made the skin of his `Abdomen out of my sight and he was a hairy man. I heard him reciting the poetic verses composed by Ibn Rawaha while he was carrying the earth, "O Allah! Without You we would not have been guided, nor would we have given in charity, nor would we have prayed. So, (O Allah), please send Sakina (i.e. calmness) upon us and make our feet firm if we meet the enemy, as they have rebelled against us. And if they intend affliction (i.e. want to frighten us, and fight against us) then we would not (flee but withstand them)." The Prophet would then prolong his voice at the last words.

We witnessed (the battle of) Khaibar. Allah's Apostle said about one of those who were with him and who claimed to be a Muslim. "This (man) is from the dwellers of the Hell-Fire." When the battle started, that fellow fought so violently and bravely that he received plenty of wounds. Some of the people were about to doubt (the Prophet's statement), but the man, feeling the pain of his wounds, put his hand into his quiver and took out of it, some arrows with which he slaughtered himself (i.e. committed suicide). Then some men amongst the Muslims came hurriedly and said, "O Allah's Apostle! Allah has made your statement true so-and-so has committed suicide. "The Prophet said, "O so-and-so! Get up and make an announcement that none but a believer will enter Paradise and that Allah may support the religion with an unchaste (evil) wicked man.

We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' Safiya became clean from her menses then Allah's Apostle married her. Hais (i.e. an 'Arabian dish) was prepared on a small leather mat. Then the Prophet said to me, "I invite the people around you." So that was the marriage banquet of the Prophet and Safiya. Then we proceeded towards Medina, and I saw the Prophet, making for her a kind of cushion with his cloak behind him (on his camel). He then sat beside his camel and put his knee for Safiya to put her foot on, in order to ride (on the camel).

Jarir said to me, The Prophet said to me, "Won't you relieve me from Dhu-l-Khalasa?" And that was a house (in Yemem belonging to the tribe of) Khatham called Al-Ka`ba Al Yamaniya. I proceeded with one-hundred and-fifty cavalry from Ahmas (tribe) who were horse riders. I used not to sit firm on horses, so the Prophet stroke me over my chest till I saw the mark of his fingers over my chest, and then he said, 'O Allah! Make him (i.e. Jarir) firm and one who guides others and is guided on the right path." So Jarir proceeded to it dismantled and burnt it, and then sent a messenger to Allah's Apostle. The messenger of Jarir said (to the Prophet), "By Him Who sent you with the Truth, I did not leave that place till it was like a scabby camel." The Prophet blessed the horses of Ahmas and their men five times.

Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."

A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?

The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.

He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?

He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.

Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.

Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.

I heard the Messenger of Allah (saws) saying (the version of Sulayman has: The Messenger of Allah (saws) used to say) after his prayer:-

"O Allah, our Lord and Lord of everything, I bear witness that Thou art the Lord alone Who hast no partner; O Allah, Our Lord and Lord of everything, I bear witness that Muhammad is Thy servant and Thy apostle ; O Allah, our Lord and Lord of everything, I bear witness that all the servants are brethren; O Allah, our Lord and Lord of everything make me sincere to Thee, and my family too at every moment, in this world and in the world hereafter, O Possessor of glory and honour, listen to me and answer. Allah is incomparably great. O Allah, Light of the heavens and of the earth".

The narrator Sulaiman b. Dawud said: "Lord of the heavens and of the earth, Allah is incomparably great. Allah is sufficient for me; and the excellent guardian is He; Allah is incomparably great.

AbuImran said: We went out on an expedition from Medina with the intention of (attacking) Constantinople. AbdurRahman ibn Khalid ibn al-Walid was the leader of the company. The Romans were just keeping their backs to the walls of the city. A man (suddenly) attacked the enemy.

Thereupon the people said: Stop! Stop! There is no god but Allah. He is putting himself into danger.

AbuAyyub said: This verse was revealed about us, the group of the Ansar (the Helpers). When Allah helped His Prophet (saws) and gave Islam dominance, we said (i.e. thought): Come on! Let us stay in our property and improve it.

Thereupon Allah, the Exalted, revealed, "And spend of your substance in the cause of Allah, and make not your hands contribute to (your destruction)". To put oneself into danger means that we stay in our property and commit ourselves to its improvement, and abandon fighting (i.e. jihad).

AbuImran said: AbuAyyub continued to strive in the cause of Allah until he (died and) was buried in Constantinople.

Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."

Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."

Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' "

While we were returning from a Ghazwa (Holy Battle) with the Prophet, I started driving my camel fast, as it was a lazy camel A rider came behind me and pricked my camel with a spear he had with him, and then my camel started running as fast as the best camel you may see. Behold! The rider was the Prophet himself. He said, 'What makes you in such a hurry?" I replied, I am newly married " He said, "Did you marry a virgin or a matron? I replied, "A matron." He said, "Why didn't you marry a young girl so that you may play with her and she with you?" When we were about to enter (Medina), the Prophet said, "Wait so that you may enter (Medina) at night so that the lady of unkempt hair may comb her hair and the one whose husband has been absent may shave her pubic region.

Once the two righteous men, i.e., Abu Bakr and `Umar were on the verge of destruction (and that was because): When the delegate of Bani Tamim came to the Prophet, one of them (either Abu Bakr or `Umar) recommended Al-Aqra' bin H`Abis at-Tamimi Al-Hanzali, the brother of Bani Majashi (to be appointed as their chief), while the other recommended somebody else. Abu Bakr said to `Umar, "You intended only to oppose me." `Umar said, "I did not intend to oppose you!" Then their voices grew louder in front of the Prophet whereupon there was revealed: 'O you who believe! Do not raise your voices above the voice of the Prophet..a great reward.' (49.2-3) Ibn Az-Zubair said, 'Thence forward when `Umar talked to the Prophet, he would talk like one who whispered a secret and would even fail to make the Prophet hear him, in which case the Prophet would ask him (to repeat his words).

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

My father said, "One night we were traveling with the Prophet and some people said, 'We wish that Allah's Apostle would take a rest along with us during the last hours of the night.' He said, 'I am afraid that you will sleep and miss the (Fajr) prayer.' Bilal said, 'I will make you get up.' So all slept and Bilal rested his back against his Rahila and he too was overwhelmed (by sleep) and slept. The Prophet got up when the edge of the sun had risen and said, 'O Bilal! What about your statement?' He replied, 'I have never slept such a sleep.' The Prophet said, 'Allah captured your souls when He wished, and released them when He wished. O Bilal! Get up and pronounce the Adhan for the prayer.' The Prophet performed ablution and when the sun came up and became bright, he stood up and prayed."

The Prophet said, "When a human being is laid in his grave and his companions return and he even hears their foot steps, two angels come to him and make him sit and ask him: What did you use to say about this man, Muhammad ? He will say: I testify that he is Allah's slave and His Apostle. Then it will be said to him, 'Look at your place in the Hell-Fire. Allah has given you a place in Paradise instead of it.' " The Prophet added, "The dead person will see both his places. But a non-believer or a hypocrite will say to the angels, 'I do not know, but I used to say what the people used to say! It will be said to him, 'Neither did you know nor did you take the guidance (by reciting the Qur'an).' Then he will be hit with an iron hammer between his two ears, and he will cry and that cry will be heard by whatever approaches him except human beings and jinns."

`Abdullah (bin `Abdullah) bin `Umar said to his father, "Stay here, for I am afraid that it (affliction between Ibn Zubair and Al-Hajjaj) might prevent you from reaching the Ka`ba." Ibn `Umar said, "(In this case) I would do the same as Allah's Apostle did, and Allah has said, 'Verily, in Allah's Apostle, you have a good example (to follow).' So, I make you, people, witness that I have made `Umra compulsory for me." So he assumed lhram for `Umra. Then he went out and when he reached Al- Baida', he assumed Ihram for Hajj and `Umra (together) and said, "The conditions (requisites) of Hajj and `Umra are the same." He, then brought a Hadi from Qudaid. Then he arrived (at Mecca) and performed Tawaf (between Safa and Marwa) once for both Hajj and `Umra and did not finish the lhram till he had finished both Hajj and `Umra.

From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.

According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.

The Prophet said, "The example of the person abiding by Allah's orders and limits (or the one who abides by the limits and regulations prescribed by Allah) in comparison to the one who do wrong and violate Allah's limits and orders is like the example of people drawing lots for seats in a boat. Some of them got seats in the upper part while the others in the lower part ; those in the, lower part have to pass by those in the upper one to get water, and that troubled the latter. One of them (i.e. the people in the lower part) took an ax and started making a hole in the bottom of the boat. The people of the upper part came and asked him, (saying), 'What is wrong with you?' He replied, "You have been troubled much by my (coming up to you), and I have to get water.' Now if they prevent him from doing that they will save him and themselves, but if they leave him (to do what he wants), they will destroy him and themselves."

Abu Dawud Said : This tradition has berated on the authority of Anas through a different chain. This version mentions: “He performed ablution with one makkuk. “It makes no mention of two rotls. ²

Abu Dawud said : This tradition has also been narrated by Yahya b. Adam from Sharik. But this chain mentions Ibn Jabr b. ‘Atik instead of ‘ Abd Allah b. Jabr.

Abu Dawud Said : This tradition has also been narrated by Sufyan from ‘Abd Allah b. ‘Isa. This chain mentions the name Jabr b. ‘Abd Allah instead of ‘Abd Allah b. Jabr.

It was narrated that ‘Abul-`Ajfa` as-Sulami said: I heard ‘Umar say: Do not make women`s dowries expensive,... and he mentioned the same hadeeth.

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."