I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."

that his father took him to Allah's Apostle and said, "I have given this son of mine a slave." The Prophet asked, "Have you given all your sons the like?" He replied in the negative. The Prophet said, "Take back your gift then."

Yahya related to me from Malik from Yahya ibn Said that he was listening to Said ibn al-Musayyab and a man questioned him saying, "I discover a liquid when I am praying. Should I leave?"

Said ibn al-Musayyab said to him, "Even if it were to flow on my leg I would not leave until I had finished the prayer."

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

I heard `Umar saying, "Whoever braids his hair should shave it (on finishing lhram). You'd better not do, something like Talbid." Ibn `Umar used to say: "I saw Allah's Apostle with his hair stuck together with gum."

I heard Nazi' saying, "Ibn `Umar, said, 'The Prophet forbade that a man should make another man to get up to sit in his place' ". I said to Nafi`, 'Is it for Jumua prayer only?' He replied, "For Jumua prayer and any other (prayer)."

This hadith has been narrated by Amr al-Naqid, Yazid b. Harun, 'Abd b. Humaid, Abd al-Razzaq, Thauri, Ayyub b. Musa, with the same chain of transmitters. In hadith narrated by Abd al-Razzaq there is a mention of the menstruation and of the sexual intercourse. The rest of the hadith has been transmitted like that of Ibn 'Uyaina.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When the slave divorces his wife twice, she is haram for him until she has married another husband, whether she is free or a slave. The idda of a free woman is three menstrual periods, and the idda of a slave-girl is two periods.

It was narrated that Sa'd Abu 'Ubaid, the freed slave of ‘Abdur-Rahman bin Azhar, said: I was present at Eid with 'Umar bin al Khattab... and he mentioned a similar hadeeth.

Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, "A man came to Umar ibn al- Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become a kafir after his Islam.' Umar asked, 'What have you done with him?' He said, 'We let him approach and struck off his head.' Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah?' Then Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!' "

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

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

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

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."

Yahya related to me from Malik from Jafar ibn Muhammad ibn Ali from his father that Umar ibn al-Khattab mentioned the magians and said, "I do not know what to do about them." Abd ar-Rahman ibn Awf said, "I bear witness that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Follow the same sunna with them that you follow with the people of the Book . ' "

`Abdullah (bin Mas`ud) was mentioned before `Abdullah bin `Amr. The latter said, "That is a man I continue to love because I heard Allah's Apostle saying, ' Learn the recitation of the Qur'an from (any of these) four persons: `Abdullah bin Masud, Salim the freed slave of Abu Hudhaifa, Ubai bin Ka`b, and Mu`adh bin Jabal." I do not remember whether he mentioned Ubai first or Mu`adh.

I said: Messenger of Allah, should we not build a house or a building which shades you from the sun? He replied: No, it is a place for the one who reaches there earlier.

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

I came to the Prophet with some men from my tribe and stayed with him for twenty nights. He was kind and merciful to us. When he realized our longing for our families, he said to us, "Go back and stay with your families and teach them the religion, and offer the prayer and one of you should pronounce the Adhan for the prayer when its time is due and the oldest one amongst you should lead the prayer."

Some people claim that the order in the above Verse is cancelled, by Allah, it is not cancelled, but the people have stopped acting on it. There are two kinds of guardians (who are in charge of the inheritance): One is that who inherits; such a person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is that who does not inherit (e.g. the guardian of the orphans): such a person should speak kindly and say (to those who are present at the time of distribution), "I can not give it to you (as the wealth belongs to the orphans).

When `Abdullah bin `Umar set out for Mecca intending to perform Umra, at the time of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as Allah's Apostle did, so I assume the lhram for Umra as Allah's Apostle assumed the Ihram for Umra in the year of Hudaibiya."

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

The Prophet (saws) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him.

I was in the company of the Prophet in the cave, and on seeing the traces of the pagans, I said, "O Allah's Apostle If one of them (pagans) should lift up his foot, he will see us." He said, "What do you think of two, the third of whom is Allah?"

Abu Huraira said, "Allah's Apostle said, 'No one should prevent his neighbor from fixing a wooden peg in his wall." Abu Huraira said (to his companions), "Why do I find you averse to it? By Allah, I certainly will narrate it to you."

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

That she asked the Prophet , 'Have you encountered a day harder than the day of the battle) of Uhud?" The Prophet replied, "Your tribes have troubled me a lot, and the worse trouble was the trouble on the day of 'Aqaba when I presented myself to Ibn `Abd-Yalail bin `Abd-Kulal and he did not respond to my demand. So I departed, overwhelmed with excessive sorrow, and proceeded on, and could not relax till I found myself at Qarnath-Tha-alib where I lifted my head towards the sky to see a cloud shading me unexpectedly. I looked up and saw Gabriel in it. He called me saying, 'Allah has heard your people's saying to you, and what they have replied back to you, Allah has sent the Angel of the Mountains to you so that you may order him to do whatever you wish to these people.' The Angel of the Mountains called and greeted me, and then said, "O Muhammad! Order what you wish. If you like, I will let Al-Akh-Shabain (i.e. two mountains) fall on them." The Prophet said, "No but I hope that Allah will let them beget children who will worship Allah Alone, and will worship None besides Him."

Yahya related to me from Malik from Nafi that Sulayman ibn Yasar told him that one time the fodder of the animals of Abd ar-Rahman ibn al-Aswad ibn Abd Yaghuth was finished so he said to his slave, "Take some of your family's wheat as food and buy with it barley, and take only a like quantity.' "

When the Prophet went out for the `Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded." The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of `Abdullah." Then he said to `Ali, "Erase (the name of) 'Apostle of Allah'." `Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing..and he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of `Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him." (In the next year) when the Prophet entered Mecca and the allowed period of stay elapsed, the infidels came to `Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" `Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) `Ali, Zaid and Ja`far quarreled about her. `Ali said, "I took her for she is the daughter of my uncle." Ja`far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to `Ali, "You are from me, and I am from you," and said to Ja`far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." `Ali said to the Prophet 'Won't you marry the daughter of Hamza?" The Prophet said, "She is the daughter of my foster brother."

Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al- Ansari and said to him, "Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should .he do? Asim! ask the Messenger of Allah, may Allah bless him and grant him peace, about that for me." Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the questions and reproved them until what he heard from the Messenger of Allah, may Allah bless him and grant him peace. was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, " Asim! what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?" Asim said to Uwaymir, "You didn't bring me any good. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the question which I asked him." Uwaymir said, "By Allah! I will not stop until I ask him about it!" Uwaymir stood up and went to the Messenger of Allah, may Allah bless him and grant him peace, in the middle of the people and said, "Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Something has been sent down about you and your wife, so go and bring her."

Sahl continued, "They mutually cursed one another in the presence of the Messenger, may Allah bless him and grant him peace, and I was present with the people. When they finished cursing each other, Uwaymir said, 'I shall have lied about her, Messenger of Allah, if I keep her,' and pronounced the divorce three times before the Messenger of Allah, may Allah bless him and grant him peace, ordered him to do it."

Malik said that Ibn Shihab said, "That was how the sunna of a couple mutually cursing each other was established (lian)."

Hakim bin Hizam said, "O Allah's Apostle! I used to do good deeds in the Pre-Islamic period of Ignorance, e.g., keeping good relations with my Kith and kin, manumitting slaves and giving alms. Shall I receive a reward for all that?" Allah's Apostle replied, "You embraced Islam with all the good deeds which you did in the past."

We set out assuming the Ihram for Hajj in the months of Hajj towards the sacred precincts of Hajj. We dismounted at Sarif and the Prophet said to his companions, "Whoever has not got the Hadi with him and likes to make it as `Umra, he should do it, but he who has got the Hadi with him should not do it." The Prophet and some of his wealthy companions had the Hadi with them, so they did not finish Ihram after performing the `Umra. The Prophet came to me while I was weeping. He asked me the reason for it. I replied, "I have heard of what you have said to your companions and I cannot do the `Umra." He asked me, "What is the matter with you?" I replied, "I am not praying." He said, "There is no harm in it as you are one of the daughters of Adam and the same is written for you as for others. So, you should perform Hajj and I hope that Allah will enable you to perform the `Umra as well." So, I carried on till we departed from Mina and halted at Al-Mahassab. The Prophet called `Abdur- Rahman and said, "Go out of the sanctuary with your sister and let her assume Ihram for `Umra, and after both of you have finished the Tawaf I will be waiting for you at this place." We came back at midnight and the Prophet asked us, "Have you finished?" I replied in the affirmative. He announced the departure and the people set out for the journey and some of them had performed the Tawaf of the Ka`ba before the morning prayer, and after that the Prophet set out for Medina.

Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.

Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."

Malik said, "That is the best of what I have heard."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."

Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.

Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."

I said to the Messenger of Allah (saws): Are there two prostrations in Surah al-Hajj? He replied: Yes; if anyone does not make two prostrations, he should not recite them.