Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and ...

When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Wa lakal-hamd, anta-l-haq wa wa'duka-lhaq, wa liqa'uka Haq, wa qauluka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that `Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).

It was narrated that as-Sa`ib bin Yazeed said: `Umar met `Abdullah bin as-Sa`di... and he mentioned a similar report, but he said: “Give it in charity,” and he said: “Do not hanker after it.`

On the authority of others, that the Prophet said, "No Punishment exceeds the flogging of the ten stripes, except if one is guilty of a crime necessitating a legal punishment prescribed by Allah."

Yahya said, "Malik said from Hisham ibn Urwa that Abdullah ibn az-Zubayr gave judgment based on the testimony of children concerning the injuries between them."

Malik said, "The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If they leave the scene, they have no testimony unless they call just witnesses to witness their testimony before they leave."

"The Messenger of Allah (saws) entered Makkah, and his standard was white."

[Abu 'Eisa said:] This Hadith is Gharib, we do know of it except as a narration of Yayha bin Adam from Sharik. He said: I asked Muhammad about this Hadith, but he did not know it except as a narration of Yahya bin Adam from Sharik, he said: "More than one narrator has narrated to us from Sharik from 'Ammar bin Abu Az-Zubair from Jabir: 'The Prophet (saws) entered Makkah and he was wearing a black 'Imamah.'"

Muhammad said: "This is the Hadith."

[Abu 'Eisa said:] Duhn is a branch of Bajilah (the tribe), and 'Ammar ad-Duhni (one of the narrators) is 'Ammar bin Mu'awiyah Ad-Duhni, and his kunyah is Abu Mu'awiyah, he is from Al-Kufah, and he is trustworthy according to the people of Hadith.

Allah's Apostle said, "(The Prophet) Moses was a shy person and used to cover his body completely because of his extensive shyness. One of the children of Israel hurt him by saying, 'He covers his body in this way only because of some defect in his skin, either leprosy or scrotal hernia, or he has some other defect.' Allah wished to clear Moses of what they said about him, so one day while Moses was in seclusion, he took off his clothes and put them on a stone and started taking a bath. When he had finished the bath, he moved towards his clothes so as to take them, but the stone took his clothes and fled; Moses picked up his stick and ran after the stone saying, 'O stone! Give me my garment!' Till he reached a group of Bani Israel who saw him naked then, and found him the best of what Allah had created, and Allah cleared him of what they had accused him of. The stone stopped there and Moses took and put his garment on and started hitting the stone with his stick. By Allah, the stone still has some traces of the hitting, three, four or five marks. This was what Allah refers to in His Saying:-- "O you who believe! Be you not like those Who annoyed Moses, But Allah proved his innocence of that which they alleged, And he was honorable In Allah's Sight." (33.69)

[Abu 'Eisa said:] This chain of this Hadith is not strong. It has been reported as a saying of 'Ali and it has been reported from Sharik bin Hanbal from the Prophet (saws) in Mursal form. Muhammad said: "Al-Jarrah bin Malih (one of the narratos) is truthful, and Al-Jarrah bin Ad-Dahhak is Muqarib (average) in Hadith.

Allah's Apostle deputed me to keep Sadaqat (al-Fitr) of Ramadan. A comer came and started taking handfuls of the foodstuff (of the Sadaqa) (stealthily). I took hold of him and said, "By Allah, I will take you to Allah's Apostle ." He said, "I am needy and have many dependents, and I am in great need." I released him, and in the morning Allah's Apostle asked me, "What did your prisoner do yesterday?" I said, "O Allah's Apostle! The person complained of being needy and of having many dependents, so, I pitied him and let him go." Allah's Apostle said, "Indeed, he told you a lie and he will be coming again." I believed that he would show up again as Allah's Apostle had told me that he would return. So, I waited for him watchfully. When he (showed up and) started stealing handfuls of foodstuff, I caught hold of him again and said, "I will definitely take you to Allah's Apostle. He said, "Leave me, for I am very needy and have many dependents. I promise I will not come back again." I pitied him and let him go.

In the morning Allah's Apostle asked me, "What did your prisoner do." I replied, "O Allah's Apostle! He complained of his great need and of too many dependents, so I took pity on him and set him free." Allah's Apostle said, "Verily, he told you a lie and he will return." I waited for him attentively for the third time, and when he (came and) started stealing handfuls of the foodstuff, I caught hold of him and said, "I will surely take you to Allah's Apostle as it is the third time you promise not to return, yet you break your promise and come." He said, "(Forgive me and) I will teach you some words with which Allah will benefit you." I asked, "What are they?" He replied, "Whenever you go to bed, recite "Ayat-al-Kursi"-- 'Allahu la ilaha illa huwa-l-Haiy-ul Qaiyum' till you finish the whole verse. (If you do so), Allah will appoint a guard for you who will stay with you and no satan will come near you till morning. " So, I released him. In the morning, Allah's Apostle asked, "What did your prisoner do yesterday?" I replied, "He claimed that he would teach me some words by which Allah will benefit me, so I let him go." Allah's Apostle asked, "What are they?" I replied, "He said to me, 'Whenever you go to bed, recite Ayat-al-Kursi ...

'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: ...

(freed slave of) Ziyad: I heard Abu Sa`id Al-khudri narrating four things from the Prophet and I appreciated them very much. He said, conveying the words of the Prophet. (1) "A woman should not go on a two day journey except with her husband or a Dhi-Mahram. (2) No fasting is permissible on two days: `Id-ul-Fitr and `Id-ul-Adha. (3) No prayer after two prayers, i.e. after the Fajr prayer till the sunrises and after the `Asr prayer till the sun sets. (4) Do not prepare yourself for a journey except to three Mosques, i.e. Al-Masjid-AI-Haram, the Mosque of Aqsa (Jerusalem) and my Mosque."

The People of Kufa complained against Sa`d to `Umar and the latter dismissed him and appointed `Ammar as their chief . They lodged many complaints against Sa`d and even they alleged that he did not pray properly. `Umar sent for him and said, "O Aba 'Is-haq! These people claim that you do not pray properly." Abu 'Is-haq said, "By Allah, I used to pray with them a prayer similar to that of Allah's Apostle and I never reduced anything of it. I used to prolong the first two rak`at of `Isha prayer and shorten the last two rak`at." `Umar said, "O Aba 'Is-haq, this was what I thought about you." And then he sent one or more persons with him to Kufa so as to ask the people about him. So they went there and did not leave any mosque without asking about him. All the people praised him till they came to the mosque of the tribe of Bani `Abs; one of the men called Usama bin Qatada with a surname of Aba Sa`da stood up and said, "As you have put us under an oath; I am bound to tell you that Sa`d never went himself with the army and never distributed (the war booty) equally and never did justice in legal verdicts." (On hearing it) Sa`d said, "I pray to Allah for three things: O Allah! If this slave of yours is a liar and got up for showing off, give him a long life, increase his poverty and put him to trials." (And so it happened). Later on when that person was asked how he was, he used to reply that he was an old man in trial as the result of Sa`d's curse. `Abdul Malik, the sub narrator, said that he had seen him afterwards and his eyebrows were overhanging his eyes owing to old age and he used to tease and assault the small girls in the way.

On the day when Mecca was conquered, the Messenger of Allah (saws) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (saws) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (saws). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

Whenever Allah's Apostle paid a visit to a patient, or a patient was brought to him, he used to invoke Allah, saying, "Take away the disease, O the Lord of the people! Cure him as You are the One Who cures. There is no cure but Yours, a cure that leaves no disease."

The Prophet (saws) said: If anyone sows in other people's land without their permission, he has no right to any of the crop, but he may have what it cost him.

The Prophet used to say, "Nobody should be flogged more than ten stripes except if he is guilty of a crime, the legal punishment of which is assigned by Allah."

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 ...

Once I went out at night and found Allah's Apostle walking all alone accompanied by nobody, and I thought that perhaps he disliked that someone should accompany him. So I walked in the shade, away from the moonlight, but the Prophet looked behind and saw me and said, "Who is that?" I replied, "Abu Dhar, let Allah get me sacrificed for you!" He said, "O Abu Dhar, come here!" So I accompanied him for a while and then he said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except him whom Allah gives wealth which he gives (in charity) to his right, left, front and back, and does good deeds with it. I walked with him a little longer. Then he said to me, "Sit down here." So he made me sit in an open space surrounded by rocks, and said to me, "Sit here till I come back to you." He went towards Al-Harra till I could not see him, and he stayed away for a long period, and then I heard him saying, while he was coming, "Even if he had committed theft, and even if he had committed illegal sexual intercourse?" When he came, I could not remain patient and asked him, "O Allah's Prophet! Let Allah get me sacrificed for you! Whom were you speaking to by the side of Al-Harra? I did not hear anybody responding to your talk." He said, "It was Gabriel who appeared to me beside Al-Harra and said, 'Give the good news to your followers that whoever dies without having worshipped anything besides Allah, will enter Paradise.' I said, 'O Gabriel! Even if he had committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' "

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).