Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Blessing is in the forelocks of horses until the Day of Rising."

That he was in the company of the Prophet in one of the gardens of Medina and in the hand of the Prophet there was a stick, and he was striking (slowly) the water and the mud with it. A man came (at the gate of the garden) and asked permission to enter. The Prophet said, "Open the gate for him and give him the glad tidings of entering Paradise. "I went, and behold! It was Abu Bakr. So I opened the gate for him and informed him of the glad tidings of entering Paradise. Then another man came and asked permission to enter. The Prophet said, "Open the gate for him and give him the glad tidings of entering Paradise." Behold! It was `Umar. So I opened the gate for him and gave him the glad tidings of entering Paradise. Then another man came and asked permission to enter. The Prophet was sitting in a leaning posture, so he sat up and said, "Open the gate for him and give him the glad tidings of entering Paradise with a calamity which will befall him or which will take place." I went, and behold ! It was `Uthman. So I opened the gate for him and gave him the glad tidings of entering Paradise and also informed him of what the Prophet had said (about a calamity). `Uthman said, "Allah Alone Whose Help I seek (against that calamity).

Quraish used to fast on the day of 'Ashura' in the Pre-Islamic period, and Allah's Apostle too, used to fast on that day. When he came to Medina, he fasted on that day and ordered others to fast, too. Later when the fasting of the month of Ramadan was prescribed, he gave up fasting on the day of 'Ashura' and it became optional for one to fast on it or not.

that his father said, "I participated in Al-Usra (i.e. Tabuk) along with the Prophet." Ya`la added, "(My participation in) that Ghazwa was the best of my deeds to me." Ya`la said, "I had a laborer who quarrelled with somebody, and one of the two bit the hand of the other (`Ata', the sub-narrator, said, "Safwan told me who bit whom but I forgot it"), and the one who was bitten, pulled his hand out of the mouth of the biter, so one of the incisors of the biter was broken. So we came to the Prophet and he considered the biter's claim as invalid (i.e. the biter did not get a recompense for his broken incisor). The Prophet said, "Should he leave his hand in your mouth so that you might snap it as if it were in the mouth of a male camel to snap it?"

Allah's Apostle used to shroud two martyrs of Uhud in one sheet and then say, "Which of them knew Qur'an more?" When one of the two was pointed out, he would put him first in the grave. Then he said, "I will be a witness for them on the Day of Resurrection." He ordered them to be buried with their blood (on their bodies). Neither was the funeral prayer offered for them, nor were they washed. Jabir added, "When my father was martyred, I started weeping and uncovering his face. The companions of the Prophet stopped me from doing so but the Prophet did not stop me. Then the Prophet said, '(O Jabir.) don't weep over him, for the angels kept on covering him with their wings till his body was carried away (for burial).

I went out to Mina on the day of Tarwiya and met Anas going on a donkey. I asked him, "Where did the Prophet offer the Zuhr prayer on this day?" Anas replied, "See where your chiefs pray and pray similarly."

Malik related to me from Abu Ubayd, the mawla of Sulayman ibn Abd al-Malik from Khalid ibn Madan who attributed it to the Prophet, may Allah bless him and grant him peace, "Allah, the Blessed and Exalted is kind and loves kindness. He is pleased with it and helps you with it as long as it is not misplaced. When you ride dumb beasts, stop them in their stopping places, and quicken their pace when the land is barren. Travel by night, because the land is travelled faster at night than it is during the day. Beware of pitching tents on the road, for it is the path of animals and the abode of snakes."

Az-Zubair said, "I met Ubaida bin Sa`id bin Al-As on the day (of the battle) of Badr and he was covered with armor; so much that only his eyes were visible. He was surnamed Abu Dhat-al-Karish. He said (proudly), 'I am Abu-al-Karish.' I attacked him with the spear and pierced his eye and he died. I put my foot over his body to pull (that spear) out, but even then I had to use a great force to take it out as its both ends were bent." `Urwa said, "Later on Allah's Apostle asked Az-Zubair for the spear and he gave it to him. When Allah's Apostle died, Az-Zubair took it back. After that Abu Bakr demanded it and he gave it to him, and when Abu Bakr died, Az-Zubair took it back. `Umar then demanded it from him and he gave it to him. When `Umar died, Az-Zubair took it back, and then `Uthman demanded it from him and he gave it to him. When `Uthman was martyred, the spear remained with `Ali's offspring. Then `Abdullah bin Az-Zubair demanded it back, and it remained with him till he was martyred.

'A'isha reported that people sent their gifts when it was the turn of 'A'isha seeking thereby the pleasure of Allah's Messenger (may peace be upon him).

Abu Dawud said: Besides Ibn Nafi' this is transmitted by al-Laith from 'Umairah b. Abi Najiyyah from Bakr b. Sawadah on the authority of 'Ata b. Yasar from the Prophet (saws).

Abu Dawud said: The mention of (the name of the Companion) Abu Sa'id in this tradition is not guarded. This is a mural tradition (i.e. the Successor 'Ata b. Yasar directly narrates it from the Prophet, leaving the name of the Companion in the chain.)

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

The Prophet (saws), AbuBakr, Umar and Uthman used to read "maliki yawmid-din (master of the Day of Judgment)". The first to read maliki yawmid-din was Marwan.

Abu Dawud said: This is sounder that the tradition which transmitted by al-Zuhri from Anas, and al-Zuhri from Salim, from his father (Ibn 'Umar).

I asked Anas bin Malik, "Tell me what you remember from Allah's Apostle (regarding these questions): Where did he offer the Zuhr and `Asr prayers on the day of Tarwiya (8th day of Dhul- Hijja)?" He relied, "(He offered these prayers) at Mina." I asked, "Where did he offer the `Asr prayer on the day of Nafr (i.e. departure from Mina on the 12th or 13th of Dhul-Hijja)?" He replied, "At Al- Abtah," and then added, "You should do as your chiefs do."

The Prophet said, "Good will remain (as a permanent quality) in the foreheads of horses (for Jihad) till the Day of Resurrection, for they bring about either a reward (in the Hereafter) or (war) booty (in this world)."

Yahya related to me from Malik, from Yahya ibn Said, that Umar ibn Abd alAziz was once going from Mina (to Arafa) on the day of Arafa and heard the takbir being said loudly, so he sent the guard to shout out to the people, "O people, you should be saying the talbiya."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Someone who does not stand at Arafa on the night of Muzdalifa

before the dawn breaks has missed the hajj, and some one who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj.

Malik said, about a slave freed during the wuquf at Arafa, "His standing does not fulfil for him the hajj of Islam, except if he was not in ihram and then he went into ihram after he was freed and he stood at Arafa that same night before the dawn broke in which case that is enough for him. If, however, he did not go into ihram until after the dawn had broken, he is in the same position as someone who misses the hajj by not catching the standing at Arafa before the breaking of the dawn on the night of Muzdalifa, and he will have to do the hajj of Islam later."

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

Allah's Apostle said, "It is sufficient for one to recite the last two Verses of Surat-al-Baqara at night."

The Prophet said, "Whoever wishes may fast on the day of 'Ashura'."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I ...

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

I asked `Aisha "How is the night prayer of the Prophet?" She replied, "He used to sleep early at night, and get up in its last part to pray, and then return to his bed. When the Mu'adh-dhin pronounced the Adhan, he would get up. If he was in need of a bath he would take it; otherwise he would perform ablution and then go out (for the prayer)."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Abu Hurayra used to say, "Doing ghusl as prescribed for major ritual impurity is incumbent (wajib) on the day of jumua on every male who has reached puberty."

Yahya related to me from Malik that Yahya ibn Said said that he had heard that when Abu Bakr as-Siddiq was ill he asked A'isha, "How many shrouds did the Messenger of Allah, may Allah bless him and grant him peace, have?" and she replied, "Three pure white cotton garments." Abu Bakr said, "Take this garment (a garment he was wearing on which red clay or saffron had fallen) and wash it. Then shroud me in it with two other garments." A'isha said, "Why's that?", and Abu Bakr replied, "The living have greater need of the new than the dead. This is only for the body fluids that come out as the body decays."