Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Yazid Maula Al-Munba'ith heard Zaid bin Khalid al-Juham saying, "The Prophet was asked about Luqata. He said, 'Remember the description of its container and the string it is tied with, and announce it publicly for one year.' " Yazid added, "If nobody claims then the person who has found it can spend it, and it is regarded as a trust entrusted to him." Yahya said, "I do not know whether the last sentences were said by the Prophet or by Yazid." Zaid further said, "The Prophet was asked, 'What about a lost sheep?' The Prophet said, 'Take it, for it is for you or for your brother (i.e. its owner) or for the wolf." Yazid added that it should also be announced publicly. The man then asked the Prophet about a lost camel. The Prophet said, "Leave it, as it has its feet, water container (reservoir), and it will reach a place of water and eat trees till its owner finds it."

The angel of death was sent to Moses and when he went to him, Moses slapped him severely, spoiling one of his eyes. The angel went back to his Lord, and said, "You sent me to a slave who does not want to die." Allah restored his eye and said, "Go back and tell him (i.e. Moses) to place his hand over the back of an ox, for he will be allowed to live for a number of years equal to the number of hairs coming under his hand." (So the angel came to him and told him the same). Then Moses asked, "O my Lord! What will be then?" He said, "Death will be then." He said, "(Let it be) now." He asked Allah that He bring him near the Sacred Land at a distance of a stone's throw. Allah's Apostle (p.b.u.h) said, "Were I there I would show you the grave of Moses by the way near the red sand hill."

I asked Abi `Aufa, "Did you see Ibrahim, the son of the Prophet ?" He said, "Yes, but he died in his early childhood. Had there been a Prophet after Muhammad then his son would have lived, but there is no Prophet after him."

AbuBarzah said: I was with AbuBakr. He became angry at a man and uttered hot words. I said: Do you permit me, Caliph of the Messenger of Allah (saws), that I cut off his neck? These words of mine removed his anger; he stood and went in. He then sent for me and said: What did you say just now? I said: (I had said:) Permit me that I cut off his neck. He said: Would you do it if I ordered you? I said: Yes. He said: No, I swear by Allah, this is not allowed for any man after Muhammad (saws).

Abu Dawud said: This is Yazid's version. Ahmad bin Hanbal said: That is, Abu Bakr has no powers to slay a man except for three reasons which the Messenger of Allah (saws) had mentioned: disbelief after belief, fornication after marriage, or killing a man without (murdering) any man by him. The Prophet (saws) had powers to kill.

Musailima Al-Kadhdhab came during the lifetime of the Prophet and started saying, "If Muhammad gives me the rule after him, I will follow him." And he came to Medina with a great number of the people of his tribe. Allah's Apostle went to him in the company of Thabit bin Qais bin Shammas, and at that time, Allah's Apostle had a stick of a date-palm tree in his hand. When he (i.e. the Prophet ) stopped near Musailima while the latter was amidst his companions, he said to him, "If you ask me for this piece (of stick), I will not give it to you, and Allah's Order you cannot avoid, (but you will be destroyed), and if you turn your back from this religion, then Allah will destroy you. And I think you are the same person who was shown to me in my dream, and this is Thabit bin Qais who will answer your questions on my behalf." Then the Prophet went away from him. I asked about the statement of Allah's Apostle : "You seem to be the same person who was shown to me in my dream," and Abu Huraira informed me that Allah's Apostle said, "When I was sleeping, I saw (in a dream) two bangles of gold on my hands and that worried me. And then I was inspired Divinely in the dream that I should blow on them, so I blew on them and both the bangles flew away. And I interpreted it that two liars (who would claim to be prophets) would appear after me. One of them has proved to be Al Ansi and the other, Musailima."

Once Allah's Apostle led us in prayer and then (after finishing it) ascended the pulpit and pointed with his hand towards the Qibla of the mosque and said, "While I was leading you in prayer, both Paradise and Hell were displayed in front of me in the direction of this wall. I had never seen a better thing (than Paradise) and a worse thing (than Hell) as I have seen today, I had never seen a better thing and a worse thing as I have seen today."

The narrator Ibn al-Had said: I think I have transmitted this tradition from al-Mughirah b. Shu'bah.

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayb that a man asked Uthman ibn Affan whether one could have intercourse with two sisters who one owned. Uthman said, "One ayat makes them halal, and one ayat makes them haram. As for me, I wouldn't like to do it." The man left him and met one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, and asked him about it, and he said, "Had I any authority and I found someone who had done it, I would punish him as an example."

Ibn Shihab added, "I think that it was Ali ibn Abi Talib. "

`Umar saw a silken cloak over a man (for sale) so he took it to the Prophet and said, 'O Allah's Apostle! Buy this and wear it when the delegate come to you.' He said, 'The silk is worn by one who will have no share (in the Here-after).' Some time passed after this event, and then the Prophet sent a (similar) cloak to him. `Umar brought that cloak back to the Prophet and said, 'You have sent this to me, and you said about a similar one what you said?' The Prophet said, 'I have sent it to you so that you may get money by selling it.' Because of this, Ibn `Umar used to hate the silken markings on the garments.

Ibn `Abbas said to me, "Shall I show you a woman of the people of Paradise?" I said, "Yes." He said, "This black lady came to the Prophet and said, 'I get attacks of epilepsy and my body becomes uncovered; please invoke Allah for me.' The Prophet said (to her), 'If you wish, be patient and you will have (enter) Paradise; and if you wish, I will invoke Allah to cure you.' She said, 'I will remain patient,' and added, 'but I become uncovered, so please invoke Allah for me that I may not become uncovered.' So he invoked Allah for her."

Narrated 'Ata:

That he had seen Um Zafar, the tall black lady, at (holding) the curtain of the Ka`ba.

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father that Abu Hurayra said, "When people saw the first fruits of the season, they brought them to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, took them and said, 'O Allah! Bless us in our fruits. Bless us in our city. Bless us in our sa and bless us in our mudd. O Allah! Ibrahim is Your slave, Your Khalil and Your Prophet. I am Your slave and Your Prophet. He prayed to You for Makka. I pray to You for Madina for the like of what He prayed to You for Makka, and the like of it with it.' Then he called the smallest child he saw and gave him the fruits."

I heard the Prophet saying, "If somebody commits a sin and then says, 'O my Lord! I have sinned, please forgive me!' and his Lord says, 'My slave has known that he has a Lord who forgives sins and punishes for it, I therefore have forgiven my slave (his sins).' Then he remains without committing any sin for a while and then again commits another sin and says, 'O my Lord, I have committed another sin, please forgive me,' and Allah says, 'My slave has known that he has a Lord who forgives sins and punishes for it, I therefore have forgiven my slave (his sin). Then he remains without Committing any another sin for a while and then commits another sin (for the third time) and says, 'O my Lord, I have committed another sin, please forgive me,' and Allah says, 'My slave has known that he has a Lord Who forgives sins and punishes for it I therefore have forgiven My slave (his sin), he can do whatever he likes."

When the Messenger of Allah (saws) performed the Farewell Pilgrimage, and we had a camel, AbuMa'qil dedicated it to the cause of Allah. Then we suffered from a disease, and AbuMa'qil died. The Prophet (saws) went out (for hajj). When he finished the hajj, I came to him.

He said (to me): Umm Ma'qil, what prevented you from coming out for hajj along with us?

She said: We resolved (to do so), but AbuMa'qil died. We had a camel on which we could perform hajj, but AbuMa'qil had bequeathed it to the cause of Allah.

He said: Why did you not go out (for hajj) upon it, for hajj is in the cause of Allah? If you miss this hajj along with us, perform umrah during Ramadan, for it is like hajj.

She used to say: hajj is hajj, and umrah is umrah. The Messenger of Allah (saws) said it to me: I do not know whether it was peculiar to me.

Jubair bin Mut`im told me that while he was in the company of Allah's Apostle with the people returning from Hunain, some people (bedouins) caught hold of the Prophet and started begging of him so much so that he had to stand under a (kind of thorny tree (i.e. Samurah) and his cloak was snatched away. The Prophet stopped and said, "Give me my cloak. If I had as many camels as these thorny trees, I would have distributed them amongst you and you will not find me a miser or a liar or a coward."

Yahya related to me from Malik that Yahya ibn Said said that he heard Said ibn al-Musayyab say, "Shall I tell you what is better than much prayer and sadaqa?" They said, "Yes." He said, "Mending discord. And beware of hatred - it strips you (of your deen)."

We were in the company of Allah's Apostle at Al-Hudaibiya in the state of Ihram and the pagans did not allow us to proceed (to the Ka`ba). I had thick hair and lice started falling on my face. The Prophet passed by me and said, "Are the lice of your head troubling you?" I replied, Yes." (The sub-narrator added, "Then the following Divine Verse was revealed:-- "And if anyone of you is ill or has an ailment in his scalp, (necessitating shaving) must pay a ransom (Fida) of either fasting or feeding the poor, Or offering a sacrifice." (2.196)

`Uqba said to Hudhaifa, "Won't you narrate to us what you heard from Allah's Apostle ?" Hudhaifa said, "I heard him saying, 'Death approached a man and when he had no hope of surviving, he said to his family, 'When I die, gather for me much wood and build a fire (to burn me),. When the fire has eaten my flesh and reached my bones, take the bones and grind them and scatter the resulting powder in the sea on a hot (or windy) day.' (That was done.) But Allah collected his particles and asked (him), 'Why did you do so?' He replied, 'For fear of You.' So Allah forgave him."

Narrated `Abdu Malik:

As above, saying, "On a windy day."

A man who was stung by a scorpion was brought to the Prophet (saws). He said: Had he said the word: "I seek refuge in the perfect words of Allah from the evil of what He created, "he would not have been stung, or he said, "It would not have harmed him."

A man called Labid bin al-A'sam from the tribe of Bani Zaraiq worked magic on Allah's Apostle till Allah's Apostle started imagining that he had done a thing that he had not really done. One day or one night he was with us, he invoked Allah and invoked for a long period, and then said, "O `Aisha! Do you know that Allah has instructed me concerning the matter I have asked him about? Two men came to me and one of them sat near my head and the other near my feet. One of them said to his companion, "What is the disease of this man?" The other replied, "He is under the effect of magic.' The first one asked, 'Who has worked the magic on him?' The other replied, "Labid bin Al-A'sam.' The first one asked, 'What material did he use?' The other replied, 'A comb and the hairs stuck to it and the skin of pollen of a male date palm.' The first one asked, 'Where is that?' The other replied, '(That is) in the well of Dharwan;' " So Allah's Apostle along with some of his companions went there and came back saying, "O `Aisha, the color of its water is like the infusion of Henna leaves. The tops of the date-palm trees near it are like the heads of the devils." I asked. "O Allah's Apostle? Why did you not show it (to the people)?" He said, "Since Allah cured me, I disliked to let evil spread among the people." Then he ordered that the well be filled up with earth.

Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.

Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

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

29.2 Divorce by Euphemistic Statements

While I was walking with Allah's Apostle in one of the fields of Medina and he was walking leaning on a stick, he passed a group of Jews. Some of them said to the others, "Ask him (the Prophet) about the spirit." Others said, "Do not ask him." But they asked him and he stood leaning on the stick and I was standing behind him and I thought that he was being divinely inspired. Then he said, "They ask you concerning the spirit say: The spirit, its knowledge is with My Lord. And of knowledge you (O men!) have been given only a little." ...(17.85) On that some of the Jews said to the others, "Didn't we tell you not to ask?"

Regarding the Verse: "To everyone, We have appointed heirs." (4.33) 'Mawali' means heirs. And regarding:-- "And those to whom your right hands have pledged." When the Emigrants came to Medina, an Emigrant used to be the heir of an Ansari with the exclusion of the latter's relatives, and that was because of the bond of brotherhood which the Prophet had established between them (i.e. the Emigrants and the Ansar). So when the Verses:-- "To everyone We have appointed heirs." was revealed, (the inheritance through bond of brotherhood) was cancelled. Ibn `Abbas then said: "And those to whom your right hands have pledged." is concerned with the covenant of helping and advising each other. So allies are no longer to be the heir of each other, but they can bequeath each other some of their property by means of a will.

The commencement of (the Divine Inspirations to) Allah's Apostle was in the form of true dreams. The Angel came to him and said, "Read! In the Name of your Lord Who has created all exists), has created man from a clot. Read! And your Lord is Most Generous, Who has taught (the writing) by the pen. (96.1-4)

We received the news of the departure of the Prophet (to Medina) while we were in Yemen. So we went on board a ship but our ship took us away to An-Najashi (the Negus) in Ethiopia. There we met Ja`far bin Abi Talib and stayed with him till we came (to Medina) by the time when the Prophet had conquered Khaibar. The Prophet said, "O you people of the ship! You will have (the reward of) two migrations."

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

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

`Abdullah bin Abi `Aufa wrote and I read what he wrote that Allah's Apostle said, "When you face them ( i.e. your enemy) then be patient."

Allah's Apostle said, "The Jews and the Christians do not dye (their grey hair), so you shall do the opposite of what they do (i.e. dye your grey hair and beards).

Once the Prophet stood on one of the high buildings (of Medina) and said, "Do you see what I see? I see affliction pouring among your hours like raindrops."

The Prophet said (on the day of Idal-Adha), "The first thing we will do on this day of ours, is to offer the (`Id) prayer and then return to slaughter the sacrifice. Whoever does so, he acted according to our Sunna (tradition), and whoever slaughtered (the sacrifice) before the prayer, what he offered was just meat he presented to his family, and that will not be considered as Nusak (sacrifice)." (On hearing that) Abu Burda bin Niyar got up, for he had slaughtered the sacrifice before the prayer, and said, "I have got a six month old ram." The Prophet said, 'Slaughter it (as a sacrifice) but it will not be sufficient for any-one else (as a sacrifice after you). Al-Bara' added: The Prophet said, "Whoever slaughtered (the sacrifice) after the prayer, he slaughtered it at the right time and followed the tradition of the Muslims."

When it was the day (of the battle) of Hunain, the tributes of Hawazin and Ghatafan and others, along with their animals and offspring (and wives) came to fight against the Prophet The Prophet had with him, ten thousand men and some of the Tulaqa. The companions fled, leaving the Prophet alone. The Prophet then made two calls which were clearly distinguished from each other. He turned right and said, "O the group of Ansar!" They said, "Labbaik, O Allah's Apostle! Rejoice, for we are with you!" Then he turned left and said, "O the group of Ansar!" They said, "Labbaik! O Allah's Apostle! Rejoice, for we are with you!" The Prophet at that time, was riding on a white mule; then he dismounted and said, "I am Allah's Slave and His Apostle." The infidels then were defeated, and on that day the Prophet gained a large amount of booty which he distributed amongst the Muhajirin and the Tulaqa and did not give anything to the Ansar. The Ansar said, "When there is a difficulty, we are called, but the booty is given to other than us." The news reached the Prophet and he gathered them in a leather tent and said, "What is this news reaching me from you, O the group of Ansar?" They kept silent, He added," O the group of Ansar! Won't you be happy that the people take the worldly things and you take Allah's Apostle to your homes reserving him for yourself?" They said, "Yes." Then the Prophet said, "If the people took their way through a valley, and the Ansar took their way through a mountain pass, surely, I would take the Ansar's mountain pass." Hisham said, "O Abu Hamza (i.e. Anas)! Did you witness that? " He replied, "And how could I be absent from him?"