Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

Abu Huraira said, "The Prophet said, 'No child is born but that, Satan touches it when it is born whereupon it starts crying loudly because of being touched by Satan, except Mary and her son." Abu Huraira then said, "Recite, if you wish: "And I seek Refuge with You (Allah) for her and her offspring from Satan, the outcast." (3.36)

A man came to the Prophet (saws) and said: Messenger of Allah! give me a mount. The Prophet (saws) said: We shall give you a she-camel's child to ride on. He said: What shall I do with a she-camel's child? The Prophet (saws) replied: Do any others than she-camels give birth to camels?

The Prophet (saws) said: relate traditions from the children of Isra'il; there is no harm.

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."

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."

A bedouin came to Allah's Apostle and said, "My wife has delivered a black boy, and I suspect that he is not my child." Allah's Apostle said to him, "Have you got camels?" The bedouin said, "Yes." The Prophet said, "What color are they?" The bedouin said, "They are red." The Prophet said, "Are any of them Grey?" He said, "There are Grey ones among them." The Prophet said, "Whence do you think this color came to them?" The bedouin said, "O Allah's Apostle! It resulted from hereditary disposition." The Prophet said, "And this (i.e., your child) has inherited his color from his ancestors." The Prophet did not allow him to deny his paternity of the child.

The Prophet said, "If you enter (your town) at night (after coming from a journey), do not enter upon your family till the woman whose husband was absent (from the house) shaves her pubic hair and the woman with unkempt hair, combs her hair" Allah's Apostle further said, "(O Jabir!) Seek to have offspring, seek to have offspring!"

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

Yahya related to me from Zayd ibn Aslam from a man of the Banu Damra that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about the Aqiqa. He said, 'I do not like disobedience (uquq),' as if he disliked the name. He said, 'If anyone has a child born to him, and wants to sacrifice for his child, then let him do it.' "

The women requested the Prophet, "Please fix a day for us." So the Prophet preached to them and said, "A woman whose three children died would be screened from the Hell Fire by them," Hearing that, a woman asked, "If two died?" The Prophet replied, "Even two (would screen her from the (Hell) Fire. " And Abu Huraira added, "Those children should be below the age of puberty. "

I was with Marwan and Abu Huraira and heard Abu Huraira saying, "I heard the trustworthy, truly inspired one (i.e. the Prophet ) saying, 'The destruction of my followers will be brought about by the hands of some youngsters from Quraish." Marwan asked, "Youngsters?" Abu Huraira said, "If you wish, I would name them: They are the children of so-and-so and the children of so-and-so."

The Prophet (saws) gave the children of Ja'far three day' time to visit them. He then came to visit them, and said: Do not weep over my brother after this day. He said: Call to me the children of my brother. We were brought to him as if we were chicken. He said: Call a barber to me. He then ordered and our heads were shaved.

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

Abu Zaid died and did not leave any offspring, and he was one of the Badr warriors.

Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother.

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

The Prophet mentioned a man from the previous generation or from the people preceding your age whom Allah had given both wealth and children. The Prophet said, "When the time of his death approached, he asked his children, 'What type of father have I been to you?' They replied: You have been a good father. He said, 'But he (i.e. your father) has not stored any good deeds with Allah (for the Hereafter): if he should face Allah, Allah will punish him. So listen, (O my children), when I die, burn my body till I become mere coal and then grind it into powder, and when there is a stormy wind, throw me (my ashes) in it.' So he took a firm promise from his children (to follow his instructions). And by Allah they (his sons) did accordingly(fulfilled their promise.) Then Allah said, "Be"' and behold! That man was standing there! Allah then said. "O my slave! What made you do what you did?" That man said, "Fear of You." So Allah forgave him.

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Apostle! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

That he heard the Messenger of Allah (saws) say: "Whoever separates between a mother and her child, then Allah will separate between him and his beloved on the Day of Judgement."

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

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They dislike separating the captives, the mother and her child, the son and the father, and brothers.

The Prophet (saws) said: Kill the old men who are polytheists, but spare their children.

Ibn 'Umar reported that Allah's Messenger (may peace be upon him) happened to pass by Ibn Sayyad along with his Companions including 'Umar b. Khattab as he was playing with children near the battlement of Bani Maghala and he was also a child by that time. The rest of the hadith is the same as narrated by Ibn Umar (in which there is a mention of) setting out of Allah's Apostle (may peace be upon him) along with Ubayy b. Ka'b towards the date-palm trees.

When Um Sulaim gave birth to a child. she said to me, "O Anas! Watch this boy carefully and do not give him anything to eat or drink until you have taken him to the Prophet tomorrow morning for the Tahnik." So the next morning I took the child to the Prophet who was sitting in a garden and was wearing a Huraithiya Khamisa and was branding the she-camel on which he had come during the Conquest of Mecca.

Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.

Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."

‘Ali said “If I survive for the Christians of Banu Taghlib I shall kill fighters and captivate children for I had written a document between them and the Prophet(saws) to the effect that they would not make their children Christian.

Abu Dawud said “This is rejected (munkar) tradition and it has reached me from Ahmad (bin Hanbal) that he used to reject this tradition seriously.

Abu ‘Ali said “Abu Dawud did not present this (tradition) in this second reading.”

During some of the Ghazawat of the Prophet a woman was found killed. Allah's Apostle disapproved the killing of women and children.

Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn Muhammad say, "A woman of the Ansar was married to Umar ibn al-Khattab. She bore Asim ibn Umar to him, and then he separated from her. Umar came to Quba and found his son Asim playing in the courtyard of the mosque. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar said, 'My son.' The woman said, 'My son.' Abu Bakr said, 'Do not interfere between a child and its mother.' Umar did not repeat his words."

Yahya said that he heard Malik say, "This is what I would have done in that situation."

About the story of Haml ibn Malik, Ibn Abbas said: She aborted a child who had grown hair and was dead, and the woman also died. He (the Prophet) gave judgment that the blood-wit was to be paid by the woman's relatives on the father's side. Her uncle said: Messenger of Allah! She has aborted a child who had grown hair. The father of the woman who had slain said: He is a liar: I swear by Allah, he did not raise his voice, or drink or eat. No compensation is to be paid for an offence like this. The Prophet (saws) said: is it a rhymed prose of pre-Islamic Arabia and its soothsaying? Pay a male or female slave of the best quality in compensation for the child.

Ibn 'Abbas said: The name of one of them was Mulaikah, and the name of the other was Umm Ghutaif.

The Messenger of Allah (saws) sued to teach them the following words in the case of alarm: I seek refuge in Allah's perfect words from His anger, the evil of His servants, the evil suggestions of the devils and their presence. Abdullah ibn Amr used to teach them to those of his children who had reached puberty, and he wrote them down (on some material) and hung on the child who had not reached puberty.

The Messenger of Allah (saws) came to some children who were playing: He saluted them.

The Prophet (saws) said: Act equally between your children; Act equally between your sons.

The Prophet said, "Allah said, 'The son of Adam tells a lie against me though he has no right to do so, and he abuses Me though he has no right to do so. As for his telling a lie against Me, it is that he claims that I cannot recreate him as I created him before; and as for his abusing Me, it is his statement that I have offspring. No! Glorified be Me! I am far from taking a wife or offspring.' "

The Prophet ; was asked about the offspring of the pagans. He said, "Allah knows what they would have done (were they to live).

The Prophet said, "If someone leaves some property, it will be for the inheritors, and if he leaves some weak offspring, it will be for us to support them."