Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Apostle! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

Yunus narrated from Al Zuhri on the authority of Sahl bin Sa’d in the tradition regarding li’an(invoking curses). He disowned her conception hence her child was attributed to her.

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

Malik said, "That is what I saw the people of knowledge in our city doing."

(the wife of the Prophet) `Utba bin Abi Waqqas said to his brother Sa`d bin Abi Waqqas, "The son of the slave girl of Zam`a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa`d took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." `Abd bin Zam`a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa`d said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." `Abd bin Zam`a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O `Abd bin Zam`a!" Then Allah's Apostle further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sauda bint Zam`a, "Veil (screen) yourself before him," when he saw the child's resemblance to `Utba. The boy did not see her again till he met Allah.

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

I have loved the people of the tribe of Bani Tamim ever since I heard, three things, Allah's Apostle said about them. I heard him saying, These people (of the tribe of Bani Tamim) would stand firm against Ad-Dajjal." When the Sadaqat (gifts of charity) from that tribe came, Allah's Apostle said, "These are the Sadaqat (i.e. charitable gifts) of our folk." `Aisha had a slave-girl from that tribe, and the Prophet said to `Aisha, "Manumit her as she is a descendant of Ishmael (the Prophet).

Abu Hurairah said “I came to Madeenah when the Abu Apostle of Allaah(saws) was in Khaibar, after it was captured. I asked him to give me a share from the booty. A son of Sa’id bin Al ‘As spoke and said “Do not give him any share, Apostle of Allaah(saws). I said “This is the killer of Ibn Qauqal.” (The son of) Sa’id bin Al ‘As said “Oh, how wonderful! A Wabr who came down to us from the peak of Dal blames me of having killed a Muslim whom Allaah honored at my hands and did not disgrace me at his hands.

Abu Dawud said “They were about ten persons. Six of them were killed and the remaining returned.

Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"

`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Abu bin Zam`a and Sa`d bin Abi Waqqas carried the case of their claim of the (ownership) of the son of a slave-girl of Zam`a before the Prophet. Sa`d said, "O Allah's Apostle! My brother, before his death, told me that when I would return (to Mecca), I should search for the son of the slave-girl of Zam`a and take him into my custody as he was his son." 'Abu bin Zam`a said, 'the is my brother and the son of the slave-girl of my father, and was born or my father's bed." The Prophet noticed a resemblance between `Utba and the boy but he said, "O 'Abu bin Zam`a! You will get this boy, as the son goes to the owner of the bed. You, Sauda, screen yourself from the boy."

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

"Fatimah came to Abu Bakr and said: 'Who will inherit from you?' He said: 'My family and my son.' She said: 'So what about me? I do not get inheritance from my father?' So Abu Bakr said: 'I heard the Messenger of Allah (saws) say: 'We are not inherited from' but I support those whom the Messenger of Allah (saws) used to support, and I spend upon those whom the Messenger of Allah (saws) spent upon."

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, Talhah, Az-Zubair, 'Abdur-Rahman bin 'Awf, Sa'd and 'Aishah.

The Hadith of Abu Hurairah is Hasan Gharib from this route. It is only reported with a chain by Hammad bin Salamah and 'Abdul Wahhab bin 'Ata, from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah.

I asked Muhammad about this Hadith and he said: "No one is known to have reported it from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah except from Hammad bin Salamah. 'Abdul Wahhab bin 'Ata reported it from Muhammad bib 'Amr, from Abu Salamah, and from Abu Hurairah and it is similar to the narration of Hammad bin Salamah. And this Hadith has been reported through other routes from Abu Bakr As-Siddiq, from the Prophet (saws).

Sa`d bin Abi Waqqas and 'Abu bin Zam`a quarreled over a boy. Sa`d said, "O Allah's Apostle! This boy is the son of my brother (`Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles." 'Abu bin Zam`a said, "O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl." Allah's Apostle cast a look at the boy and found definite resemblance to `Utba and then said, "The boy is for you, O 'Abu bin Zam`a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy." So, Sauda never saw him again.

The Messenger of Allah (saws) said: If anyone says in the morning: "There is no god but Allah alone Who has no partner; to Him belong the dominions, to Him praise is due, and He is Omnipotent," he will have a reward equivalent to that for setting free a slave from among the descendants of Isma'il. He will have ten good deeds recorded for him, ten evil deeds deducted from him, he will be advanced ten degrees, and will be guarded from the Devil till the evening. If he says them in the evening, he will have a similar recompense till the morning.

The version of Hammad says: A man saw the Messenger of Allah (saws) in a dream and said: Messenger of Allah! AbuAyyash is relating such and such on your authority.

He said: AbuAyyash has spoken the truth.

Abu Dawud said: Isma'il b. Ja'far, Musa al-Zim'i and 'Adb Allah b. Ja'far transmitted it from Suhail, from his father on the authority of Ibn 'A'ish.

Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother.

Sa`d bin Abi Waqqas and 'Abu bin Zam`a had a dispute over a boy. Sa`d said, "O Allah's Apostle! This (boy) is the son of my brother, `Utba bin Abi Waqqas who told me to be his custodian as he was his son. Please notice to whom he bears affinity." And 'Abu bin Zam`a said, "This is my brother, O Allah's Apostle! He was born on my father's bed by his slave girl." Then the Prophet looked at the boy and noticed evident resemblance between him and `Utba, so he said, "He (the toy) is for you, O 'Abu bin Zam`a, for the boy is for the owner of the bed, and the stone is for the adulterer. Screen yourself before the boy, O Sauda bint Zam`a." `Aisha added: Since then he had never seen Sauda.

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

Malik related to me from Nafi that Abdullah ibn Umar said, "The idda of an umm walad when her master dies is one menstrual period."

The Prophet said, "The boy is for (the owner of) the bed and the stone is for the person who commits illegal sexual intercourse.'

If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse, he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, since he was a child of fornication whether his mother was free or a slave.

I heard Hudhaifa saying, "While we were sitting with `Umar, he said, 'Who among you remembers the statement of the Prophet about the afflictions?' Hudhaifa said, "The affliction of a man in his family, his property, his children and his neighbors are expiated by his prayers, Zakat (and alms) and enjoining good and forbidding evil." `Umar said, "I do not ask you about these afflictions, but about those afflictions which will move like the waves of the sea." Hudhaifa said, "Don't worry about it, O chief of the believers, for there is a closed door between you and them." `Umar said, "Will that door be broken or opened?" I said, "No. it will be broken." `Umar said, "Then it will never be closed," I said, "Yes." We asked Hudhaifa, "Did `Umar know what that door meant?" He replied, "Yes, as I know that there will be night before tomorrow morning, that is because I narrated to him a true narration free from errors." We dared not ask Hudhaifa as to whom the door represented so we ordered Masruq to ask him what does the door stand for? He replied, "`Umar."

that he had heard Hudhaifa saying, "Once I was sitting with `Umar and he said, 'Who amongst you remembers the statement of Allah's Apostle about the afflictions?' I said, 'I know it as the Prophet had said it.' `Umar said, 'No doubt you are bold.' I said, 'The afflictions caused for a man by his wife, money, children and neighbor are expiated by his prayers, fasting, charity and by enjoining (what is good) and forbidding (what is evil).' `Umar said, 'I did not mean that but I asked about that affliction which will spread like the waves of the sea.' I (Hudhaifa) said, 'O leader of the faithful believers! You need not be afraid of it as there is a closed door between you and it.' `Umar asked, Will the door be broken or opened?' I replied, 'It will be broken.' `Umar said, 'Then it will never be closed again.' I was asked whether `Umar knew that door. I replied that he knew it as one knows that there will be night before the tomorrow morning. I narrated a Hadith that was free from any misstatement" The subnarrator added that they deputized Masruq to ask Hudhaifa (about the door). Hudhaifa said, "The door was `Umar himself."

`Utba bin Abi Waqqas authorized his brother Sa`d to take the son of the slave-girl of Zam`a into his custody. `Utba said (to him). "He is my son." When Allah's Apostle arrived in Mecca during the Conquest (of Mecca), Sa`d bin Abi Waqqas took the son of the slave-girl of Zam`a and took him to the Prophet `Abd bin Zam`a too came along with him. Sa`d said. "This is the son of my brother and the latter has informed me that he is his son." `Abd bin Zam`a said, "O Allah's Apostle! This is my brother who is the son of the slave-girl of Zam`a and was born on his (i.e. Zam'as) bed.' Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed that he, of all the people had the greatest resemblance to `Utba bin Abi Waqqas. Allah's Apostle then said (to `Abd), " He is yours; he is your brother, O `Abd bin Zam`a, he was born on the bed (of your father)." (At the same time) Allah's Apostle said (to his wife Sauda), "Veil yourself before him (i.e. the son of the slave-girl) O Sauda," because of the resemblance he noticed between him and `Utba bin Abi Waqqas. Allah's Apostle added, "The boy is for the bed (i.e. for the owner of the bed where he was born), and stone is for the adulterer." (Ibn Shihab said, "Abu Huraira used to say that (i.e. the last statement of the Prophet in the above Hadith 596, publicly.")

The Prophet said, "The boy is for the owner of the bed."

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah from Ibn Aflah, the mawla of Abu Ayyub al-Ansari from an umm walad of Abu Ayyubal-Ansari that he practised coitus interruptus.

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her."

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

The Prophet made a man and his wife carry out Lian, and the husband repudiated her child. So the Prophet got them separated (by divorce) and decided that the child belonged to the mother only.

A hadith like this has been narrated on the authority of Suhail with the same chain of transmitters.

Um Sulaim said to the Prophet "Anas is your servant." The Prophet said, "O Allah! increase his wealth and offspring, and bless (for him) what ever you give him."