Abu Dawud said: Salim did not hear (traditions) from Shurahbil. Shurahbil died at Siffin.

Abu Dawud said: The hearing of this tradition by Hammad b. Salamah and Thaqafi is of the same nature.

Abu Dawud said: The version of this tradition transmitted by Abu Musa al-Ash'ari, 'Adi b. Hatim and Abu Hurairah are variant. Some of them indicate breaking the oath before making atonement, and other making atonement before breaking the oath.

Abu Dawud says that Ibn Mubarak narrated this hadith from ‘Abbas b. Sahl, which he did not remember well. It is thought that he has mentioned ‘Isa b. ‘Abd Allah, ‘Abbas b. Sahl and Abu Humaid al-Sa’idi.

Mu'adh willed this supplication to the narrator al-Sunabihi and al-Sunabihi to 'Abu Abd al-Rahman.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

Yahya related to me from Malik from Muhammad ibn Abdullah ibn Abd arRahman ibn Abi Sasaca al-Ansari from al-Mazini from his father from Abu Said al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no zakat on less than five awsuq of dates, there is no zakat on less than five awaq of silver and there is no zakat on less than five camels."

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "Property was sent to Abu Bakr as-Siddiq from Bahrayn. He said, 'If someone had a promise or a pledge with the Messenger of Allah, may Allah bless him and grant him peace, let him come to me.' So Jabir ibn Abdullah came to him, and he gave him three times as much of it as would fill both hands.''

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days."

the freed slave of Ibn Azhar that he witnessed the Day of `Id-al-Adha with `Umar bin Al-Khattab. `Umar offered the `Id prayer before the sermon and then delivered the sermon before the people, saying, "O people! Allah's Apostle has forbidden you to fast (on the first day of) each of these two 'Ida, for one of them is the Day of breaking your fast, and the other is the one, on which you eat the meat of your sacrifices."

Aisha wanted to buy Barirah and he (the Prophet) went out for the prayer. When he returned, she told him that they (her masters) refused to sell her except on the condition that her Wala' would go to them. The Prophet replied, 'The Wala' would go to him who manumits.' " Hammam asked Nafi` whether her (Barirah's) husband was a free man or a slave. He replied that he did not know.

I heard Abu Burda who accompanied Yazid bin Abi Kabsha on a journey. Yazid used to observe fasting on journeys. Abu Burda said to him, "I heard Abu Musa several times saying that Allah's Apostle said, 'When a slave falls ill or travels, then he will get reward similar to that he gets for good deeds practiced at home when in good health."

This hadith has also been narrated by Abd b. Humaid Ya'qub, i. e. son of Ibrahim b. Sa'd, Abu Uwais, Zuhri, like the one narrated by Malik with the same chain of transmission and said: He recited this verse till he completed it.

Malik related to me from Ibn Shihab from Ibn Muhayyisa al-Ansari, one of the Banu Haritha, that he asked permission from the Messenger of Allah, may Allah bless him and grant him peace, to give payment for cupping, and he forbade him to do it. He continued to ask and seek his permission until he said, "Feed the ones who drive your water-carrying camels," meaning "your slaves."

Malik related to me that Rabia ibn Abi Abd ar-Rahman said, "An Iraqi man came before Umar ibn al-Khattab and said, 'I have come to you because of a matter which has no beginning and no end.' Umar said, 'What is it?' The man said, 'False testimony has appeared in our land.' Umar said, 'Is that so?' He said, 'Yes.' Umar said, 'By Allah! A man is not detained in Islam without just witnesses.' "

Rafi' bin Khadij and Sahl bin Abi Hathmah narrated to him that the Messenger of Allah (saws) prohibited Al-Muzabanah sales, (buying) fruits with dried dates, except for those who practice Al-'Araya - for he permitted it for them - and from buying grapes with raisins, and from every fruit by its estimation.

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib from this route.

On his father's authority, said that his grandfather reported the Prophet (saws) said: When one of you marries his female servant to his slave or to his employee, he should not look at her private part below the navel and above the knees.

Abu Dawud said: The correct name is Sawwad b. Dawud al-Muzani al-Sairafi (and not Dawud b. Sawwad as mentioned in the chain). The narrator waki' misunderstood it.

When one of you meets his brother, he should salute him, then if he meets him again after a tree, wall or stone has come between them, he should also salute him.

Mu'awiyah said: 'Abd al-Wahhab b. Bakht transmitted a similar tradition to me from Abu al-Zinad, from al-A'raj, from Abu Hurairah, from the Messenger of Allah (saws).

Salim said: ‘Abd Allah(b. ‘Umar) used to kill every snake which he found. Abu Lubabah or Zaid b. al-Khattab saw him chasing a snake. He said: He(the Prophet) prohibited house-snakes.

Abu Dawud said: 'Abd Allah b. 'Umar narrated the word utira (instead of wutira, meaning perished). The dispute on this point goes back to Ayyub. Al-Zuhri reported from Salim on the authority of this father from the Prophet (saws) the word 'wutira'.

Yahya related to me from Malik from Abu Layla ibn Abdullah ibn Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great men of his people informed him that Abdullah ibn Sahl and Muhayyisa went out to Khaybar because extreme poverty had overtaken them. Muhayyisa returned and said that Abdullah ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said, "By Allah! You have killed him." They said, "By Allah! We have not killed him!" Then he made for his people and mentioned that to them. Then he, his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set out. Muhayyisa began to speak, as he had been at Khaybar. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "The greater first, the greater first," meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, "Either they pay your companion's blood-money or we will declare war against them." The Messenger of Allah, may Allah bless him and grant him peace, wrote that to them and they wrote, "By Allah, we did not kill him!" The Messenger of Allah, may Allah bless him and grant him peace, said to Huwayyisa, Muhayyisa, and Abd ar-Rahman, "Do you swear and claim the blood of your companion?" They said, "No." He said, "Shall the jews swear to you?" They said, "But they are not muslims." The Messenger of Allah, may Allah bless him and grant him peace, gave blood-money from his own property, and sent them one hundred camels to their house.

Sahl added, "A red camel among them kicked me."

From his father that the Messenger of Allah (saws) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (saws) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (saws) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (saws) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (saws).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (saws).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (saws) is the most correct [of what has been reported on this topic]."

Allah's Apostle sat on the pulpit and said, "Allah has given one of His Slaves the choice of receiving the splendor and luxury of the worldly life whatever he likes or to accept the good (of the Hereafter) which is with Allah. So he has chosen that good which is with Allah." On that Abu Bakr wept and said, "Our fathers and mothers be sacrificed for you." We became astonished at this. The people said, "Look at this old man! Allah's Apostle talks about a Slave of Allah to whom He has given the option to choose either the splendor of this worldly life or the good which is with Him, while he says. 'our fathers and mothers be sacrifice(i for you." But it was Allah's Apostle who had been given option, and Abu Bakr knew it better than we. Allah's Apostle added, "No doubt, I am indebted to Abu Bakr more than to anybody else regarding both his companionship and his wealth. And if I had to take a Khalil from my followers, I would certainly have taken Abu Bakr, but the fraternity of Islam is. sufficient. Let no door (i.e. Khoukha) of the Mosque remain open, except the door of Abu Bakr."

Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.

Yahya related to me that Malik said, "I consider that if a man dies and he has not paid zakat on his property, then zakat is taken from the third of his property (from which he can make bequests), and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt, which is why I think it should be given priority over bequests."

Malik continued, "This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good, but it is not binding upon them if they do not do it."

Malik continued, "The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt (i.e. wealth that was owed to the deceased), or goods, or a house, or a male or female slave, until a year has elapsed over the price realised from whatever he sells (i.e. slaves or a house, which are not zakatable) or over the wealth he inherits, from the day he sold the things, or took possession of them."

Malik said, "The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it."

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'You are free to marry, so marry whomever you wish.' "

It was narrated from a man from Banu Sahm, from Ibn Majidah as-Sahmi, that he said: Abu Bakr led us on Hajj, during his caliphate, and he mentioned the same hadeeth.

Allah's Apostle went out towards the Khandaq (i.e. Trench) and saw the Emigrants and the Ansar digging the trench in the cold morning. They had no slaves to do that (work) for them. When the Prophet saw their hardship and hunger, he said, 'O Allah! The real life is the life of the Hereafter, so please forgive Ansar and the Emigrants." They said in reply to him, "We are those who have given the Pledge of allegiances to Muhammad for to observe Jihad as long as we live."

A woman from the tribe of Khath'am asked for the verdict of Allah's Apostle (regarding something) during Hajjat-ul-Wada` while Al-Fadl bin `Abbas was the companion-rider behind Allah's Apostle. She asked, "Allah's ordained obligation (i.e. compulsory Hajj) enjoined on His slaves has become due on my old father who cannot sit firmly on the riding animal. Will it be sufficient if I perform the Hajj on his behalf?" He said, "Yes."

I was a guest of Abu Huraira for seven days. Abu Huraira, his wife and his slave used to get up and remain awake for one-third of the night by turns. Each would offer the night prayer and then awaken the other. I heard Abu Huraira saying, "Allah's Apostle distributed dates among his companions and my share was seven dates, one of which was a Hashafa (a date which dried on the tree before it was fully ripe).

The Prophet said, "O Mu`adh! Do you know what Allah's Right upon His slaves is?" I said, "Allah and His Apostle know best." The Prophet said, "To worship Him (Allah) Alone and to join none in worship with Him (Allah). Do you know what their right upon Him is?" I replied, "Allah and His Apostle know best." The Prophet said, "Not to punish them (if they do so).