We were one-hundred and thirty persons accompanying the Prophet who asked us whether anyone of us had food. There was a man who had about a Sa of wheat which was mixed with water then. A very tall pagan came driving sheep. The Prophet asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet bought a sheep and it was slaughtered. The Prophet ordered that its liver and other Abdominal organs be roasted. By Allah, the Prophet gave every person of the one-hundred-and-thirty a piece of that; he gave all those of them who were present; and kept the shares of those who were absent. The Prophet then put its meat in two huge basins and all of them ate to their fill, and even then more food was left in the two basins which were carried on the camel (or said something like it).

Anas bin Malik said, "When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation." His (i.e. Anas's mother who was also the mother of `Abdullah bin Abu Talha, gave some date-palms to Allah' Apostle who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid. When the Prophet finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas's mother the date-palms. Allah's Apostle gave Um Aiman other trees from his garden in lieu of the old gift.

Allah's Apostle addressed the people saying, "Allah has given option to a slave to choose this world or what is with Him. The slave has chosen what is with Allah." Abu Bakr wept, and we were astonished at his weeping caused by what the Prophet mentioned as to a Slave ( of Allah) who had been offered a choice, (we learned later on) that Allah's Apostle himself was the person who was given the choice, and that Abu Bakr knew best of all of us. Allah's Apostle added, "The person who has favored me most of all both with his company and wealth, is Abu Bakr. If I were to take a Khalil other than my Lord, I would have taken Abu Bakr as such, but (what relates us) is the Islamic brotherhood and friendliness. All the gates of the Mosque should be closed except the gate of Abu Bakr."

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.

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands. The first one said, "My husband is like the meat of a slim weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it." The second one said, "I shall not relate my husband's news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits." The third one said, "My husband, the "too-tall"! if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will keep me hanging (neither divorcing me nor treating me as a wife)." The fourth one said, "My husband is (moderate in temper) like the night of Tihama: neither hot nor cold; I am neither afraid of him, nor am I discontented with him." The fifth one said, "My husband, when entering (the house) is a leopard (sleeps a lot), and when going out, is a lion (boasts a lot). He does not ask about whatever is in the house." The sixth one said, "If my husband eats, he eats too much (leaving the dishes empty), and if he drinks he leaves nothing; if he sleeps he sleeps he rolls himself (alone in our blankets); and he does not insert his palm to inquire about my feelings." The seventh one said, "My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both." The eighth one said, "My husband is soft to touch like a rabbit and smells like a Zarnab (a kind of good smelling grass)." The ninth one said, "My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are abundant (i.e. generous to his guests) and his house is near to the people (who would easily consult him)." The tenth one said, "My husband is Malik (possessor), and what is Malik? Malik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests." The eleventh one said, "My husband is Abu Zar` and what is Abu Zar` (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded with them and my arms have become fat (i.e., I have become fat). And he has pleased me, and I have become so happy that I feel proud of myself. He found me with my family who were mere owners of sheep and living in poverty, and brought me to a respected family having horses and camels and threshing and purifying grain. Whatever I say, he does not rebuke or insult me. When I sleep, I sleep till late in the morning, and when I drink water (or milk), I drink my fill. The mother of Abu Zar and what may one say in praise of the mother of Abu Zar? Her saddle bags were always full of provision and her house was spacious. As for the son of Abu Zar, what may one say of the son of Abu Zar? His bed is as narrow as an unsheathed sword and an arm of a kid (of four months) satisfies his hunger. As for the daughter of Abu Zar, she is obedient to her father and to her mother. She has a fat well-built body and that arouses the jealousy of her husband's other wife. As for the (maid) slave girl of Abu Zar, what may one say of the (maid) slavegirl of Abu Zar? She does not uncover our secrets but keeps them, and does not waste our provisions and does not leave the rubbish scattered everywhere in our house." The eleventh lady added, "One day it so happened that Abu Zar went out at the time when the milk was being milked from the animals, and he saw a woman who had two sons like two leopards playing with her two breasts. (On seeing her) he divorced me and married her. Thereafter I married a noble man who used to ride a fast tireless horse and keep a spear in his hand. He gave me many things, and also a pair of every kind of livestock and said, Eat (of this), O Um Zar, and give provision to your relatives." She added, "Yet, all those things which my second husband gave me could not fill the smallest utensil of Abu Zar's." `Aisha then said: Allah's Apostle said to me, "I am to you as Abu Zar was to his wife Um Zar."

I proceeded till I entered upon `Umar (and while I was sitting there), his gate-keeper Yarfa came to him and said, " `Uthman, `Abdur-Rahman, Az-Zubair and Sa`d ask your permission to come in." `Umar allowed them. So they entered, greeted, and sat down. (After a while the gatekeeper came) and said, "Shall I admit `Ali and `Abbas?'' `Umar allowed them to enter. Al-`Abbas said "O Chief of the believers! Judge between me and the oppressor (`Ali)." Then there was a dispute (regarding the property of Bani Nadir) between them (`Abbas and `Ali). `Uthman and his companions said, "O Chief of the Believers! Judge between them and relieve one from the other." `Umar said, "Be patient! beseech you by Allah, with Whose permission the Heaven and the Earth Exist! Do you know that Allah's Apostle said, 'Our property is not to be inherited, and whatever we leave is to be given in charity,' and by this Allah's Apostle meant himself?" On that the group said, "He verily said so." `Umar then faced `Ali and `Abbas and said, "I beseech you both by Allah, do you both know that Allah's Apostle said so?" They both replied, "Yes". `Umar then said, "Now I am talking to you about this matter (in detail) . Allah favored Allah's Apostle with some of this wealth which He did not give to anybody else, as Allah said: 'What Allah bestowed as Fai (Booty on His Apostle for which you made no expedition... ' (59.6) So that property was totally meant for Allah's Apostle, yet he did not collect it and ignore you, nor did he withhold it with your exclusion, but he gave it to you and distributed it among you till this much of it was left behind, and the Prophet, used to spend of this as the yearly expenditures of his family and then take what remained of it and spent it as he did with (other) Allah's wealth. The Prophet did so during all his lifetime, and I beseech you by Allah, do you know that?" They replied, "Yes." `Umar then addressed `Ali and `Abbas, saying, "I beseech you both by Allah, do you know that?" Both of them replied, "Yes." `Umar added, "Then Allah took His Apostle unto Him. Abu Bakr then said 'I am the successor of Allah's Apostle' and took over all the Prophet's property and disposed of it in the same way as Allah's Apostle used to do, and you were present then." Then he turned to `Ali and `Abbas and said, "You both claim that Abu Bakr did so-and-so in managing the property, but Allah knows that Abu Bakr was honest, righteous, intelligent, and a follower of what is right in managing it. Then Allah took Abu Bakr unto Him, 'I said: I am the successor of Allah's Apostle and Abu Bakr.' So I took over the property for two years and managed it in the same way as Allah's Apostle, and Abu Bakr used to do. Then you both (`Ali and `Abbas) came to me and asked for the same thing! (O `Abbas! You came to me to ask me for your share from nephew's property; and this (`Ali) came to me asking for his wives share from her father's property, and I said to you both, 'If you wish, I will place it in your custody on condition that you both will manage it in the same way as Allah's Apostle and Abu Bakr did and as I have been doing since I took charge of managing it; otherwise, do not speak to me anymore about it.' Then you both said, 'Give it to us on that (condition).' So I gave it to you on that condition. Now I beseech you by Allah, did I not give it to them on that condition?" The group (whom he had been addressing) replied, "Yes." `Umar then addressed `Abbas and `Ali saying, "I beseech you both by Allah, didn't I give you all that property on that condition?" They said, "Yes." `Umar then said, "Are you now seeking a verdict from me other than that? By Him with Whose Permission the Heaven and the Earth exists I will not give any verdict other than that till the Hour is established; and if you both are unable to manage this property, then you can hand it back to me, and I will be sufficient for it on your behalf." (See, Hadith No. 326, Vol. 4)

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there (early in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, 'O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraidha and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, 'Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her." Thabit asked Anas, "O Abu Hamza! What did the Prophet pay her (as Mahr)?" He said, "Her self was her Mahr for he manumitted her and then married her." Anas added, "While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, 'Whoever has anything (food) should bring it.' He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-Sawaq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah's Apostle ."

Kathir ibn Qays said: I was sitting with AbudDarda' in the mosque of Damascus.

A man came to him and said: AbudDarda, I have come to you from the town of the Messenger of Allah (saws) for a tradition that I have heard you relate from the Messenger of Allah (saws). I have come for no other purpose.

He said: I heard the Messenger of Allah (saws) say: If anyone travels on a road in search of knowledge, Allah will cause him to travel on one of the roads of Paradise. The angels will lower their wings in their great pleasure with one who seeks knowledge, the inhabitants of the heavens and the Earth and the fish in the deep waters will ask forgiveness for the learned man. The superiority of the learned man over the devout is like that of the moon, on the night when it is full, over the rest of the stars. The learned are the heirs of the Prophets, and the Prophets leave neither dinar nor dirham, leaving only knowledge, and he who takes it takes an abundant portion.

I and Ashtar went to Ali and said to him: Did the Messenger of Allah (saws) give you any instruction about anything for which he did not give any instruction to the people in general?

He said: No, except what is contained in this document of mine. Musaddad said: He then took out a document. Ahmad said: A document from the sheath of his sword.

It contained: The lives of all Muslims are equal; they are one hand against others; the lowliest of them can guarantee their protection. Beware, a Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds. If anyone introduces an innovation, he will be responsible for it. If anyone introduces an innovation or gives shelter to a man who introduces an innovation (in religion), he is cursed by Allah, by His angels, and by all the people.

Musaddad said: Ibn AbuUrubah's version has: He took out a document.

We entered upon Ibn `Abbas and he said "Are you not astonished at Ibn Az-Zubair's assuming the caliphate?" I said (to myself), "I will support him and speak of his good traits as I did not do even for Abu Bakr and `Umar though they were more entitled to receive al I good than he was." I said "He (i.e Ibn Az-Zubair) is the son of the aunt of the Prophet and the son of AzZubair, and the grandson of Abu Bakr and the son of Khadija's brother, and the son of `Aisha's sister." Nevertheless, he considers himself to be superior to me and does not want me to be one of his friends. So I said, "I never expected that he would refuse my offer to support him, and I don't think he intends to do me any good, therefore, if my cousins should inevitably be my rulers, it will be better for me to be ruled by them than by some others."

When Allah's Apostle married Zainab bint Jahsh, he made the people eat meat and bread to their fill (by giving a Walima banquet). Then he went out to the dwelling places of the mothers of the believers (his wives), as he used to do in the morning of his marriage. He would greet them and invoke good on them, and they (too) would return his greeting and invoke good on him. When he returned to his house, he found two men talking to each other; and when he saw them, he went out of his house again. When those two men saw Allah's Apostle: going out of his house, they quickly got up (and departed). I do not remember whether I informed him of their departure, or he was informed (by somebody else). So he returned, and when he entered the house, he lowered the curtain between me and him. Then the Verse of Al-Hijab was revealed.

The two righteous persons were about to be ruined. They were Abu Bakr and `Umar who raised their voices in the presence of the Prophet when a mission from Bani Tamim came to him. One of the two recommended Al-Aqra' bin Habeas, the brother of Bani Mujashi (to be their governor) while the other recommended somebody else. (Nafi`, the sub-narrator said, I do not remember his name). Abu Bakr said to `Umar, "You wanted nothing but to oppose me!" `Umar said, "I did not intend to oppose you." Their voices grew loud in that argument, so Allah revealed: 'O you who believe! Raise not your voices above the voice of the Prophet.' (49.2) Ibn Az-Zubair said, "Since the revelation of this Verse, `Umar used to speak in such a low tone that the Prophet had to ask him to repeat his statements." But Ibn Az-Zubair did not mention the same about his (maternal) grandfather (i.e. Abu Bakr).

Allah's Apostle said, "There were two women with whom there were their two sons. A wolf came and took away the son of one of them. That lady said to her companion, 'The wolf has taken your son.' The other said, 'But it has taken your son.' So both of them sought the judgment of (the Prophet) David who judged that the boy should be given to the older lady. Then both of them went to (the Prophet) Solomon, son of David and informed him of the case. Solomon said, 'Give me a knife so that I may cut the child into two portions and give one half to each of you.' The younger lady said, 'Do not do so; may Allah bless you ! He is her child.' On that, he gave the child to the younger lady." Abu Huraira added: By Allah! I had never heard the word 'Sakkin' as meaning knife, except on that day, for we used to call it "Mudya".

A group of people from `Ukl (tribe) came to the Prophet and they were living with the people of As- Suffa, but they became ill as the climate of Medina did not suit them, so they said, "O Allah's Apostle! Provide us with milk." The Prophet said, I see no other way for you than to use the camels of Allah's Apostle." So they went and drank the milk and urine of the camels, (as medicine) and became healthy and fat. Then they killed the shepherd and took the camels away. When a help-seeker came to Allah's Apostle, he sent some men in their pursuit, and they were captured and brought before mid day. The Prophet ordered for some iron pieces to be made red hot, and their eyes were branded with them and their hands and feet were cut off and were not cauterized. Then they were put at a place called Al- Harra, and when they asked for water to drink they were not given till they died. (Abu Qilaba said, "Those people committed theft and murder and fought against Allah and His Apostle.")

Allah's Apostle said, "When the Day of Resurrection approaches, the dreams of a believer will hardly fail to come true, and a dream of a believer is one of forty-six parts of prophetism, and whatever belongs to prothetism can never be false." Muhammad bin Seereen said, "But I say this." He said, "It used to be said, 'There are three types of dreams: The reflection of one's thoughts and experiences one has during wakefulness, what is suggested by Satan to frighten the dreamer, or glad tidings from Allah. So, if someone has a dream which he dislikes, he should not tell it to others, but get up and offer a prayer." He added, "He (Abu Huraira) hated to see a Ghul (i.e., iron collar around his neck in a dream) and people liked to see fetters (on their feet in a dream). The fetters on the feet symbolizes one's constant and firm adherence to religion." And Abu `Abdullah said, "Ghuls (iron collars) are used only for necks."

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).

From Ma`mar as below.

Narrated Abu Huraira:

The Prophet said, "I met Moses on the night of my Ascension to heaven." The Prophet then described him saying, as I think, "He was a tall person with lank hair as if he belonged to the people of the tribe of Shanu's.' The Prophet further said, "I met Jesus." The Prophet described him saying, "He was one of moderate height and was red-faced as if he had just come out of a bathroom. I saw Abraham whom I resembled more than any of his children did." The Prophet further said, "(That night) I was given two cups; one full of milk and the other full of wine. I was asked to take either of them which I liked, and I took the milk and drank it. On that it was said to me, 'You have taken the right path (religion). If you had taken the wine, your (Muslim) nation would have gone astray."

Abu Huraira used to say Takbir in all the prayers, compulsory and optional -- in the month of Ramadan or other months. He used to say Takbir on standing for prayer and on bowing; then he would say, "Sami`a l-lahu liman hamidah," and before prostrating he would say "Rabbana wa laka lhamd." Then he would say Takbir on prostrating and on raising his head from the prostration, then another Takbir on prostrating (for the second time), and on raising his head from the prostration. He also would say the Takbir on standing from the second rak`a. He used to do the same in every rak`a till he completed the prayer. On completion of the prayer, he would say, "By Him in Whose Hands my soul is! No doubt my prayer is closer to that of Allah's Apostle than yours, and this was His prayer till he left this world."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that Abasa (Sura 80) was sent down about Abdullah ibn Umm Maktum. He came to the Prophet, may Allah bless him and grant him peace, and began to say, "O Muhammad, show me a place near you (where I can sit)," whilst one of the leading men of the idol worshippers was in audience with the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, began to turn away from him and give his attention to the other man, and he said to him, "Father of so-and-so, do you see any harm in what I am saying?" and he said, "No, by the blood (of our sacrifices) I see no harm in what you are saying." And Abasa - "He frowned and turned away when the blind man came" - was sent down.

Yahya related to me from Malik, from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al- Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were muhrim, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, "It is food that Allah has fed you with."

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

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."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, "Your rein is on your withers (i.e. you have free rein)." Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, "I ask you by the Lord of this building, what did you mean by your statement, 'Your rein is on your withers.'?" The man replied, "Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that." Umar ibn al- Khattab said, "It is what you intended."

Allah's Apostle used to keep silent between the Takbir and the recitation of Qur'an and that interval of silence used to be a short one. I said to the Prophet "May my parents be sacrificed for you! What do you say in the pause between Takbir and recitation?" The Prophet said, "I say, 'Allahumma, baa`id baini wa baina khatayaya kama baa`adta baina l-mashriqi wa l-maghrib. Allahumma, naqqini min khatayaya kama yunaqqa th-thawbu l-abyadu mina d-danas. Allahumma, ighsil khatayaya bi l-maa'i wa th-thalji wa l-barad (O Allah! Set me apart from my sins (faults) as the East and West are set apart from each other and clean me from sins as a white garment is cleaned of dirt (after thorough washing). O Allah! Wash off my sins with water, snow and hail.)"

I was sitting with some of the companions of Allah's Apostle and we were discussing about the way of praying of the Prophet. Abu Humaid As-Sa`idi said, "I remember the prayer of Allah's Apostle better than any one of you. I saw him raising both his hands up to the level of the shoulders on saying the Takbir; and on bowing he placed his hands on both knees and bent his back straight, then he stood up straight from bowing till all the vertebrate took their normal positions. In prostrations, he placed both his hands on the ground with the forearms away from the ground and away from his body, and his toes were facing the Qibla. On sitting In the second rak`a he sat on his left foot and propped up the right one; and in the last rak`a he pushed his left foot forward and kept the other foot propped up and sat over the buttocks."

'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: "The Messenger of Allah (saws) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.'"

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

[Abu 'Eisa said:] The Hadith of Hakim bin Hizam is a Hasan Hadith, it has been reported from him through other routes. Ayyub As-Sakhtiyani and Abu Bishr report from Yusuf bin Mahak, from Hakim bin Hizam.

[Abu 'Eisa said:] 'Awf and Hisham bin Hassan reported this Hadith from Ibn Sirin, from Hakim bin Hizam from the Prophet (saws). And this is a Mursal Hadith. Ibn Sirin only reported it from Ayyub As-Sikhtiyani from Yusuf bin Mahak, from Hakim bin Hizam like this.

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."

The people of Medina had a drought during the time of the Prophet (saws).

While he was preaching on a Friday, a man stood up and said: Messenger of Allah, the horses have perished, the goats have perished, pray to Allah to give us water. He spread his hands and prayed.

Anas said: The sky was like a mirror (there was no cloud). Then the wind rose; a cloud appeared (in the sky) and it spread : the sky poured down the water. We came out (from the mosque after the prayer) passing through the water till we reached our homes. The rain continued till the following Friday. The same or some other person stood up and said: Messenger of Allah, the houses have been demolished, pray to Allah to stop it.

The Messenger of Allah (saws) smiled and said: (O Allah), the rain may fall around us but not upon us. Then I looked at the cloud which dispersed around Medina just like a crown.

"The Messenger of Allah (saws) was asked about fat, cheese, and furs, so he said: 'The lawful is what Allah made lawful in His Book, the unlawful is what Allah made unlawful in his Book, and what He was silent about; then it is among that for which He has pardoned.'"

[Abu 'Eisa said:] There is something on this topic from Al-Mughirah, and this Hadith is Gharib, we do not know of it being Marfu' except from this route. Sufyan and others reported it from Sulaiman At-Taimi, from Abu 'Uthman, from Salman as his own saying. It is as if the Mawquf narration is more correct. I asked Al-Bukhari about this Hadith and he said: 'I do not think it is preserved. Sufyan reported it from Sulaiman At-Taimi from Abu 'Uthman, from Salman in Mawquf form.' Al-Bukhari said: "Saif bin Harun is Muqarib (Average) in Hadith, and as for Saif bin Muhammad from 'Asim, his narrations are left."

Abu Waqid al-Laith reported that Allah's Messenger (may peace be upon him) was sitting in the mosque along wish tome people when there came to him three persons; two of them stepped forward to the direction of Allah's Messenger (may peace be upon him), and one of them went away. The two stood by the side of Allah's Messenger (may peace be upon him), and one of them found a space in his circle and he sat in that; and the other one sat behind him and the third one went away. When Allah's Messenger (may peace be upon him) had finished his work, he said. Should I not inform you about these three persons? One of them sought refuge with Allah and Allah gave him refuge and the second one felt shy and Allah showed kindness to has shyness (and so he was accommodated in that meeting), and the last one reverted and Allah turned away His attention from him.

A man came to Allah's Apostle asking him about Islam, Allah's Apostle said, "You have to offer five compulsory prayers in a day and a night (24 hours)." The man asked, "Is there any more compulsory prayers for me?" Allah's Apostle said, "No, unless you like to offer Nawafil (i.e. optional prayers)." Allah's Apostle then added, "You have to observe fasts during the month of Ramadan." The man said, "Am I to fast any other days?' Allah's Apostle said, "No, unless you wish to observe the optional fast voluntarily." Then Allah's Apostle told him about the compulsory Zakat. The man asked, "Do I have to give anything besides?" Allah's Apostle said, "No, unless you wish to give in charity voluntarily." So, the man departed saying, "By Allah I will neither do more nor less than that." Allah's Apostle said, "If he has said the truth he will be successful."

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."

Once during the lifetime of Allah's Apostle, the people of Medina suffered from drought. So while the Prophet was delivering a sermon on a Friday a man got up saying, "O Allah's Apostle! The horses and sheep have perished. Will you invoke Allah to bless us with rain?" The Prophet lifted both his hands and invoked. The sky at that time was as clear as glass. Suddenly a wind blew, raising clouds that gathered together, and it started raining heavily. We came out (of the Mosque) wading through the flowing water till we reached our homes. It went on raining till the next Friday, when the same man or some other man stood up and said, "O Allah's Apostle! The houses have collapsed; please invoke Allah to withhold the rain." On that the Prophet smiled and said, "O Allah, (let it rain) around us and not on us." I then looked at the clouds to see them separating forming a sort of a crown round Medina.

The people used to send presents to the Prophet on the day of `Aisha's turn. `Aisha said, "My companions (i.e. the other wives of the Prophet) gathered in the house of Um Salama and said, "O Um Salama! By Allah, the people choose to send presents on the day of `Aisha's turn and we too, love the good (i.e. presents etc.) as `Aisha does. You should tell Allah's Apostle to tell the people to send their presents to him wherever he may be, or wherever his turn may be." Um Salama said that to the Prophet and he turned away from her, and when the Prophet returned to her (i.e. Um Salama), she repeated the same, and the Prophet again turned away, and when she told him the same for the third time, the Prophet said, "O Um Salama! Don't trouble me by harming `Aisha, for by Allah, the Divine Inspiration never came to me while I was under the blanket of any woman amongst you except her."

`AbdurRahman bin Abza said, "Ask Ibn `Abbas about these two Qur'anic Verses: 'Nor kill such life as Allah has made sacred, Except for just cause.' (25.168) "And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, "When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, 'But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.' So Allah revealed:-- 'Except those who repent, believe, and do good-- (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever." Then I mentioned this to Mujahid who said, "Except the one who regrets (one's crime) . "

Abu Dawud said: This tradition has been transmitted by Ibn Ishaq and al-Auza'i from Yahya b. Sa'id in a similar manner, and Malik narrated it from Yahya b. Sa'id, saying: He observed I'tikaf during twenty days of Shawwal.

Abu Dawud said: in this tradition there is no mention of sitting on hips and raising hands when he stood after two rak’ahs as narrated by ‘Abu al-Hamid.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Some people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you crowd and squeeze each other on looking at the sun when it is not hidden by clouds?" They replied, "No, Allah's Apostle." He said, "Do you crowd and squeeze each other on looking at the moon when it is full and not hidden by clouds?" They replied, No, O Allah's Apostle!" He said, "So you will see Him (your Lord) on the Day of Resurrection similarly Allah will gather all the people and say, 'Whoever used to worship anything should follow that thing. 'So, he who used to worship the sun, will follow it, and he who used to worship the moon will follow it, and he who used to worship false deities will follow them; and then only this nation (i.e., Muslims) will remain, including their hypocrites. Allah will come to them in a shape other than they know and will say, 'I am your Lord.' They will say, 'We seek refuge with Allah from you. This is our place; (we will not follow you) till our Lord comes to us, and when our Lord comes to us, we will recognize Him. Then Allah will come to then in a shape they know and will say, "I am your Lord.' They will say, '(No doubt) You are our Lord,' and they will follow Him. Then a bridge will be laid over the (Hell) Fire." Allah's Apostle added, "I will be the first to cross it. And the invocation of the Apostles on that Day, will be 'Allahumma Sallim, Sallim (O Allah, save us, save us!),' and over that bridge there will be hooks Similar to the thorns of As Sa'dan (a thorny tree). Didn't you see the thorns of As-Sa'dan?" The companions said, "Yes, O Allah's Apostle." He added, "So the hooks over that bridge will be like the thorns of As-Sa-dan except that their greatness in size is only known to Allah. These hooks will snatch the people according to their deeds. Some people will be ruined because of their evil deeds, and some will be cut into pieces and fall down in Hell, but will be saved afterwards, when Allah has finished the judgments among His slaves, and intends to take out of the Fire whoever He wishes to take out from among those who used to testify that none had the right to be worshipped but Allah. We will order the angels to take them out and the angels will know them by the mark of the traces of prostration (on their foreheads) for Allah banned the f ire to consume the traces of prostration on the body of Adam's son. So they will take them out, and by then they would have burnt (as coal), and then water, called Ma'ul Hayat (water of life) will be poured on them, and they will spring out like a seed springs out on the bank of a rainwater stream, and there will remain one man who will be facing the (Hell) Fire and will say, 'O Lord! It's (Hell's) vapor has Poisoned and smoked me and its flame has burnt me; please turn my face away from the Fire.' He will keep on invoking Allah till Allah says, 'Perhaps, if I give you what you want), you will ask for another thing?' The man will say, 'No, by Your Power, I will not ask You for anything else.' Then Allah will turn his face away from the Fire. The man will say after that, 'O Lord, bring me near the gate of Paradise.' Allah will say (to him), 'Didn't you promise not to ask for anything else? Woe to you, O son of Adam ! How treacherous you are!' The man will keep on invoking Allah till Allah will say, 'But if I give you that, you may ask me for something else.' The man will say, 'No, by Your Power. I will not ask for anything else.' He will give Allah his covenant and promise not to ask for anything else after that. So Allah will bring him near to the gate of Paradise, and when he sees what is in it, he will remain silent as long as Allah will, and then he will say, 'O Lord! Let me enter Paradise.' Allah will say, 'Didn't you promise that you would not ask Me for anything other than that? Woe to you, O son of Adam ! How treacherous you are!' On that, the man will say, 'O Lord! Do not make me the most wretched of Your creation,' and will keep on invoking Allah till Allah will smile and when Allah will smile because of him, then He will allow him to enter Paradise, and when he will enter Paradise, he will be addressed, 'Wish from so-and-so.' He will wish till all his wishes will be fulfilled, then Allah will say, All this (i.e. what you have wished for) and as much again therewith are for you.' " Abu Huraira added: That man will be the last of the people of Paradise to enter (Paradise).

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.

Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

There was a bedouin called AbuTha'labah. He said: Messenger of Allah, I have trained dogs, so tell me your opinion about (eating) the animal they hunt. The Prophet (saws) said: If you have trained dogs, then eat what they catch for you. He asked: Whether it is slaughtered or not? He replied: Yes. He asked: Does it apply even if it eats any of it? He replied: Even if it eats any of it. He again asked: Messenger of Allah, tell me your opinion about my bow (i.e. the game hunted by arrow). He said: Eat what your bow returns to you, whether it is slaughtered or not. He asked: If it goes out of my sight? He replied: Even if it goes out of your sight, provided it has no stench, or you find a mark on it other than the mark of your arrow.

He asked: Tell me about the use of the vessels of the Magians when we are forced to use them. He replied: Wash them and eat in them.

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

Abu Dawud said: The solitary point in this tradition (not supported by other traditions) is the report about the signet-ring.