This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.

This tradition has been narrated on the authority of Sufyan with the addition from Abd ar-Razzaq (one of the narrators) explaining the meaning of shikal as a bone whose right back foot and left front foot or left back foot and right front foot are white.

Yahya related to me from Malik from Zayd ibn Abi Unaysa that Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab informed him from Muslim ibn Yasar al-Juhani that Umar ibn al-Khattab was asked about this ayat - "When your Lord took their progeny from the Banu Adam from their backs and made them testify against themselves. 'Am I not your Lord?' They said, 'Yes, we bear witness'

Lest you should say on the Day of Rising, 'We were heedless of that.'" (Sura 7 ayat 172) Umar ibn al-Khattab said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah, the Blessed, the Exalted, created Adam. Then He stroked his back with His right hand, and progeny issued from it. He said, "I created these for the Garden and they will act with the behaviour of the people of the Garden." Then He stroked his back again and brought forth progeny from him. He said, "I created these for the Fire and they will act with the behaviour of the people of the Fire." 'A man said, 'Messenger of Allah! Then of what value are deeds?' The Messenger of Allah, may Allah bless him and grant him peace, answered, 'When Allah creates a slave for the Garden, he makes him use the behaviour of the people of the Garden, so that he dies on one of the actions of the people of the Garden and by it He brings him into the Garden. When He creates a slave for the Fire, He makes him use the behaviour of the people of the Fire, so that he dies on one of the actions of the people of the Fire, and by it, He brings him into the Fire.' "

Abdullah ibn Zalim al-Mazini said: I heard Sa'id ibn Zayd ibn Amr ibn Nufayl say: When so and so came to Kufah, and made so and so stand to address the people, Sa'id ibn Zayd caught hold of my hand and said: Are you seeing this tyrant? I bear witness to the nine people that they will go to Paradise. If I testify to the tenth too, I shall not be sinful.

I asked: Who are the nine? He said: The Messenger of Allah (saws) said when he was on Hira': Be still, Hira', for only a Prophet, or an ever-truthful, or a martyr is on you. I asked: Who are those nine? He said: The Messenger of Allah, AbuBakr, Umar, Uthman, Ali, Talhah, az-Zubayr, Sa'd ibn AbuWaqqas and AbdurRahman ibn Awf. I asked: Who is the tenth? He paused a moment and said: it is I.

Abu Dawud said: This tradition has been transmitted by al-Ashja'i, from Sufyan, from Mansur, from Hilal b. Yasaf, from Ibn Hayyan on the authority of 'Abd Allah b. Zalim through his different chain of narrators in a a similar manner.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Malik related to me from Yahya ibn Said from Amra bint Abd ar- Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, "If your masters agree that I pay them your price in one lump sum and set you free I will do it." Barira mentioned that to her masters and they said, "No, not unless your wala' is ours." Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, "Buy her and set her free. The wala' only belongs to the one who sets free."

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A muslim slave (or a trusting slave) does wudu and as he washes his face every wrong action he has seen with his eyes leaves with the water (or the last drop of water). As he washes his hands every wrong action he has done with his hands leaves with the water (orthe last drop of water). And as he washes his feet every wrong action his feet have walked to leaves with the water (or the last drop of water) so that he comes away purified of wrong actions."

Yahya related to me from Malik fromAbdullah ibn Abi Bakr that a mawla of Amir bint Abd ar-Rahman called Ruqayya told him that she once set out with Amra bint Abd ar-Rahman to go to Makka. She said, ''Amra entered Makka on the eighth of Dhu'l-Hijja, and I was with her. She did tawaf of the House, and say between Safa and Marwa, and then entered the back of the mosque. She asked me, 'Do you have a pair of scissors with you?' and I said, 'No.' She said, 'Then try and find some for me.' I went and looked for some and brought them back and she cut some hair from the tresses of her head.Then, on the day of sacrifice, she slaughtered a sheep."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar- Rahman ibn al-Harith ibn Hisham al-Makhzumi from his father that when the Messenger of Allah, may Allah bless him and grant him peace, married Umm Salama and then spent the night with her, he said to her, "You are not being humbled in your right. If you wish, I will stay with you for seven nights as I stayed seven nights with the others. If you wish, I will stay with you for three nights, and then visit the others in turn." She said, "Stay three nights."

Yahya related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."

I had a sexual dream on a cold night in the battle of Dhat as-Salasil. I was afraid, if I washed I would die. I, therefore, performed tayammum and led my companions in the dawn prayer. They mentioned that to the Messenger of Allah (saws). He said: Amr, you led your companions is prayer while you were sexually defiled? I informed him of the cause which impeded me from washing. And I said: I heard Allah say: "Do not kill yourself, verily Allah is merciful to you." The Messenger of Allah (saws) laughed and did not say anything.

Abu Dawud said: 'Abd al-Rahman b. Jubair is an Egyptian and a freed slave of Kharijah b. Hudhafah. He is not Jubair b. Nufair

This hadith has been narrated by another chain of transmitters like Abu Bakr b. Abi Shaiba, 'Abda b. Sulaiman Ibn Abi 'Umar Sufyan, 'Ubaidullah b. Mu'adh, Shu'ba; all of them heard it from Salih b. Salih.

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

Muhayyisah asked permission of the Messenger of Allah (saws) regarding hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said to him: Feed your watering camel with it and feed your slave with it.

Ibn Umar said that Allah's Messenger (way peace be upon him) prescribed the payment of Zakat-ul-Fitr (on breaking the fast) of Ramadan for people, for every freeman, or slave, male and female among the Muslims-one sa' of dried dates, or one sa' of barley.

Ibn Umar reported that the Messenger of Allah (may peace be upon him) prescribed Zakat-ul-Fitr of Ramadan one sa' of dates or one sa' of barley for every individual among the Muslims (whether) free man or slave, male or female, young or old.

Malik related to me that he had heard that when Umar ibn Abd al- Aziz left Madina, he turned towards it and wept. Then he said, "O Muzahim! Do you fear that we might be among those that Madina casts off?"

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do kaffara for a broken oath by feeding ten poor people. Each person got a mudd of wheat. He sometimes freed a slave if he had repeated the oath.

Yahya related to me from Malik from Abd ar-Rahman ibn Qasim from his father that when people went to stone the jamras they would walk both going there and coming back. The first one to ride was Muawiya ibn Abi Sufyan.

(The established way of folding hands is) to hold the hands by the hands in prayer below the navel.

Abu Dawud said: I heard Ahmad b. Hanbal say: The narrator 'Abd al-Rahman b. Ishaq al-Kufi is weak (i.e. not reliable).

The Messenger of Allah (saws) used to pray two rak'ahs in his house after the Friday prayer.

Abu Dawud said: This tradition has been transmitted in a similar way by 'Abd Allah b. Dinar from Ibn 'Umar.

That the Messenger of Allah (saws) said, "I was shown the first of (every) three to enter Paradise: A martyr, an 'Atif, who is a Muta'affif, and a slave who perfected his worship of Allah, and was sincere to his masters."

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

Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave."

Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused."

Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury."

Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."

That he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of (the Prophet) Moses. Ibn `Abbas said that he was Al Khadir. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him, saying "My friend (Hur) and I have differed regarding Moses' companion, whom Moses asked the way to meet. Have you heard the Prophet mentioning something about him? He said, "Yes. I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites, a man came and asked him. "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: 'Yes, Our slave Khadir (is more learned than you.)' Moses asked (Allah) how to meet him (Khadir). So Allah made the fish as a sign for him and he was told that when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said to him: Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said: 'That is what we have been seeking? (18.64) So they went back retracing their footsteps, and found Khadir. (And) what happened further to them is narrated in the Holy Qur'an by Allah. (18.54 up to 18.82)

that he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of the Prophet Moses. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend (Hur) and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him? Ubai bin Ka`b said: "Yes, I heard the Prophet mentioning something about him (saying) while Moses was sitting in the company of some Israelites, a man came and asked him: "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: '--Yes, Our slave Khadir is more learned than you. Moses asked Allah how to meet him (Al-Khadir). So Allah made the fish a sign for him and he was told when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said: 'Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said, 'That is what we have been seeking.' So they went back retracing their footsteps, and found Khadir. (and) what happened further about them is narrated in the Holy Qur'an by Allah." (18.54 up to 18.82)

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

This hadith has been narrated on the authority of `Ali b. `Abd al-Rahman with the same chain of transmitters and there is no mention of the word of al-Ribat in the hadith transmitted by Shu`ba and in the hadith narrated by Malik "Ribat" has been mentioned twice. This is the "Ribat" for you, this is the "Ribat" for you.

Malik related to me that he heard that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, said, "A slave has his food and clothing in the normal manner, and he is only obliged to do such work as he is capable of doing."

Malik related to me that Ismail ibn Abi Hakim heard Umar ibn Abd al-Aziz say, "Some say that Allah the Blessed, the Exalted, will not punish the many for the wrong action of the few. However, when the objectionable action is committed openly, then they all deserve to be punished."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Mujabbar that he used to see Salim ibn Abdullah pull the cloth away fiercely from the mouth of any man he saw covering his mouth while praying.

Yahya related to me from Malik that Yahya ibn Said said, "I have heard that the first of the actions of a slave to be considered on the day of rising is the prayer. If it is accepted from him, the rest of his actions will be considered, and if it is not accepted from him, none of his actions will be considered."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman that Umar ibn al-Khattab and Uthman ibn Affan would pray maghrib when they saw the night darkening, before they broke their fast, and that was during Ramadan.

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim, from his father, from A'isha, umm al-muminin, that the Messenger of Allah, may Allah bless him and grant him peace, did hajj on its own.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "It is forbidden to be married to a woman and her paternal or maternal aunt at the same time, and for a man to have intercourse with a female slave who is carrying another man's child."