I was a Christian Bedouin; then I embraced Islam. I came to a man of my tribe, who was called Hudhaym ibn Thurmulah. I said to him. O brother, I am eager to wage war in the cause of Allah (i.e. jihad), and I find that both hajj and umrah are due from me. How can I combine them?

He said: Combine them and sacrifice the animal made easily available for you. I, therefore, raised my voice in talbiyah for both of them (i.e. umrah and hajj). When I reached al-Udhayb, Salman ibn Rabi'ah and Zayd ibn Suhan met me while I was raising my voice in talbiyah for both of them.

One of them said to the other: This (man) does not have any more understanding than his camel. Thereupon it was as if a mountain fell on me.

I came to Umar ibn al-Khattab (may Allah be pleased with him) and said to him: Commander of the Faithful, I was a Christian Bedouin, and I have embraced Islam. I am eager to wage war in the cause of Allah (jihad), and I found that both hajj and umrah were due from me. I came to a man of my tribe who said to me: Combine both of them and sacrifice the animal easily available for you. I have raised my voice in talbiyah for both of them.

Umar thereupon said to me: You have been guided to the practice (sunnah) of your Prophet) (saws).

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Every child is born on the fitra and it is his parents who make him a jew or a christian. Just as a camel is born whole - do you perceive any defect?" They said, "Messenger of Allah, what happens to people who die when they are (very) young?" He said, "Allah knows best what they used to do."

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams."

Malik said, "This is what is done in our community."

Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation."

AbuUmayr reported on the authority of his uncle who was from the Ansar (the helpers of the Prophet): The Prophet (saws) was anxious as to how to gather the people for prayer.

The people told him: Hoist a flag at the time of prayer; when they see it, they will inform one another. But he (the Prophet) did not like it. Then someone mentioned to him the horn.

Ziyad said: A horn of the Jews. He (the Prophet) did not like it. He said: This is the matter of the Jews. Then they mentioned to him the bell of the Christians. He said: This is the matter of the Christians. Abdullah ibn Zayd returned anxiously from there because of the anxiety of the Apostle (saws). He was then taught the call to prayer in his dream. Next day he came to the Messenger of Allah (saws) and informed him about it.

He said: Messenger of Allah, I was between sleep and wakefulness; all of a sudden a newcomer came (to me) and taught me the call to prayer. Umar ibn al-Khattab had also seen it in his dream before, but he kept it hidden for twenty days.

The Prophet (saws) said to me (Umar): What did prevent you from saying it to me?

He said: Abdullah ibn Zayd had already told you about it before me: hence I was ashamed.

Then the Messenger of Allah (saws) said: Bilal, stand up, see what Abdullah ibn Zayd tells you (to do), then do it. Bilal then called them to prayer.

AbuBishr reported on the authority of AbuUmayr: The Ansar thought that if Abdullah ibn Zayd had not been ill on that day, the Messenger of Allah (saws) would have made him mu'adhdhin.

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

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 from Yahya ibn Said from Sulayman ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned that to Umar ibn al-Khattab and said to him, "Who inherits from her?" Umar ibn al-Khattab said to him, "The people of her deen inherit from her." Then he went to Uthman ibn Affan, and asked him about that. Uthman said to him, "Do you think that I have forgotten what Umar ibn al-Khattab said to you? The people.of her deen inherit from her."

During the lifetime of the Prophet some people said, : O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" The Prophet said, "Yes; do you have any difficulty in seeing the sun at midday when it is bright and there is no cloud in the sky?" They replied, "No." He said, "Do you have any difficulty in seeing the moon on a full moon night when it is bright and there is no cloud in the sky?" They replied, "No." The Prophet said, "(Similarly) you will have no difficulty in seeing Allah on the Day of Resurrection as you have no difficulty in seeing either of them. On the Day of Resurrection, a call-maker will announce, "Let every nation follow that which they used to worship." Then none of those who used to worship anything other than Allah like idols and other deities but will fall in Hell (Fire), till there will remain none but those who used to worship Allah, both those who were obedient (i.e. good) and those who were disobedient (i.e. bad) and the remaining party of the people of the Scripture. Then the Jews will be called upon and it will be said to them, 'Who do you use to worship?' They will say, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has never taken anyone as a wife or a son. What do you want now?' They will say, 'O our Lord! We are thirsty, so give us something to drink.' They will be directed and addressed thus, 'Will you drink,' whereupon they will be gathered unto Hell (Fire) which will look like a mirage whose different sides will be destroying each other. Then they will fall into the Fire. Afterwards the Christians will be called upon and it will be said to them, 'Who do you use to worship?' They will say, 'We used to worship Jesus, the son of Allah.' It will be said to them, 'You are liars, for Allah has never taken anyone as a wife or a son,' Then it will be said to them, 'What do you want?' They will say what the former people have said. Then, when there remain (in the gathering) none but those who used to worship Allah (Alone, the real Lord of the Worlds) whether they were obedient or disobedient. Then (Allah) the Lord of the worlds will come to them in a shape nearest to the picture they had in their minds about Him. It will be said, 'What are you waiting for?' Every nation have followed what they used to worship.' They will reply, 'We left the people in the world when we were in great need of them and we did not take them as friends. Now we are waiting for our Lord Whom we used to worship.' Allah will say, 'I am your Lord.' They will say twice or thrice, 'We do not worship any besides Allah.' "

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

That Allah's Apostle rode over a donkey covered with a Fadakiya (velvet sheet) and Usama was riding behind him. He was visiting Sa`d bin 'Ubada (who was sick) in the dwelling place of Bani Al-Harith bin Al-Khazraj and this incident happened before the battle of Badr. They proceeded till they passed by a gathering in which `Abdullah bin Ubai bin Salul was present., and that was before `Abdullah bin Ubat embraced Islam. In that gathering there were Muslims, pagan idolators and Jews, and among the Muslims there was `Abdullah bin Rawaha. When a cloud of dust raised by (the movement of ) the animal covered that gathering, `Abdullah bin Ubai covered his nose with his garment and said, "Do not cover us with dust." Allah's Apostle greeted them, stopped, dismounted and invited them to Allah (i.e. to embrace Islam) and recited to them the Holy Qur'an. On that `Abdullah bin Ubai bin Salul said to him, "O man! There is nothing better than what you say, if it is the truth. So do not trouble us with it in our gatherings, but if somebody comes to you, you can preach to him." On that `Abdullah bin Rawaha said "Yes, O Allah's Apostle! Call on us in our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing one another till they were about to fight with one another. Allah's Apostle kept on quietening them till all of them became quiet, and then Allah's Apostle rode his animal and proceeded till he entered upon Sa`d bin 'Ubada. Allah's Apostle said, "O Sa`d! Didn't you hear what Abu Habab said?" (meaning `Abdullah bin Unbar). "He said so-and-so." Sa`d bin Ubada said, "O Allah's Apostle! Let my father be sacrificed for you ! Excuse and forgive him for, by Him Who revealed to you the Book, Allah sent the Truth which was revealed to you at the time when the people of this town had decided to crown him (`Abdullah bin Ubai) as their ruler. So when Allah had prevented that with the Truth He had given you, he was choked by that, and that caused him to behave in such an impolite manner which you had noticed." So Allah's Apostle excused him. (It was the custom of) Allah's Apostle and his companions to excuse the pagans and the people of the scripture (Christians and Jews) as Allah ordered them, and they used to be patient when annoyed (by them). Allah said: 'You shall certainly hear much that will grieve you from those who received the Scripture before you.....and from the pagans (3.186) He also said: 'Many of the people of the scripture wish that if they could turn you away as disbelievers after you have believed. .... (2.109) So Allah's Apostle used to apply what Allah had ordered him by excusing them till he was allowed to fight against them. When Allah's Apostle had fought the battle of Badr and Allah killed whomever He killed among the chiefs of the infidels and the nobles of Quraish, and Allah's Apostle and his companions had returned with victory and booty, bringing with them some of the chiefs of the infidels and the nobles of the Quraish as captives. `Abdullah bin Ubai bin Salul and the pagan idolators who were with him, said, "This matter (Islam) has now brought out its face (triumphed), so give Allah's Apostle the pledge of allegiance (for embracing Islam.)". Then they became Muslims.