Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

That he heard Allah's Apostle saying, "While a lady was nursing her child, a rider passed by and she said, 'O Allah! Don't let my child die till he becomes like this (rider).' The child said, 'O Allah! Don't make me like him,' and then returned to her breast (sucking it). (After a while) they passed by a lady who was being pulled and teased (by the people). The child's mother said, 'O Allah! Do not make my child like her.' The child said, 'O Allah! Make me like her.' Then he said, 'As for the rider, he is an infidel, while the lady is accused of illegal sexual intercourse (falsely) and she says: Allah is sufficient for me (He knows the truth).

A man came to the Prophet (saws) and said: Messenger of Allah, I have property and children, and my father finishes my property. He replied; You and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children.

The Prophet said, "None spoke in cradle but three: (The first was) Jesus, (the second was), there a man from Bani Israel called Juraij. While he was offering his prayers, his mother came and called him. He said (to himself), 'Shall I answer her or keep on praying?" (He went on praying) and did not answer her, his mother said, "O Allah! Do not let him die till he sees the faces of prostitutes." So while he was in his hermitage, a lady came and sought to seduce him, but he refused. So she went to a shepherd and presented herself to him to commit illegal sexual intercourse with her and then later she gave birth to a child and claimed that it belonged to Juraij. The people, therefore, came to him and dismantled his hermitage and expelled him out of it and abused him. Juraij performed the ablution and offered prayer, and then came to the child and said, 'O child! Who is your father?' The child replied, 'The shepherd.' (After hearing this) the people said, 'We shall rebuild your hermitage of gold,' but he said, 'No, of nothing but mud.'(The third was the hero of the following story) A lady from Bani Israel was nursing her child at her breast when a handsome rider passed by her. She said, 'O Allah ! Make my child like him.' On that the child left her breast, and facing the rider said, 'O Allah! Do not make me like him.' The child then started to suck her breast again. (Abu Huraira further said, "As if I were now looking at the Prophet sucking his finger (in way of demonstration.") After a while the people passed by, with a lady slave and she (i.e. the child's mother) said, 'O Allah! Do not make my child like this (slave girl)!, On that the child left her breast and said, 'O Allah! Make me like her.' When she asked why, the child replied, 'The rider is one of the tyrants while this slave girl is falsely accused of theft and illegal sexual intercourse."

The Prophet said, "If anyone of you on having sexual relations with his wife said (and he must say it before starting) 'In the name of Allah. O Allah! Protect us from Satan and also protect what you bestow upon us (i.e. the coming offspring) from Satan, and if it is destined that they should have a child then, Satan will never be able to harm that offspring."

Malik related to me that he had heard that Said ibn al-Musayyab spoke about a man who died and left three sons and left mawali whom he had freed. Then two of his sons died and left children. He said, "The third remaining son inherits the mawali. When he dies, his children and the children of his brothers share equally in the wala' of the mawali."

Regarding the Verse: "And among men is he who worships Allah's as it were on the very edge." (22.11). A man used to come to Medina as if his wife brought a son and his mares produces offspring. He would say, "This religion (Islam) is good," but if his wife did not give birth to a child and his mares produced no offspring, he would say, "This religion is bad."

Abu Huraira said, "I heard Allah's Apostle saying, 'There is none born among the off-spring of Adam, but Satan touches it. A child therefore, cries loudly at the time of birth because of the touch of Satan, except Mary and her child." Then Abu Huraira recited: "And I seek refuge with You for her and for her offspring from the outcast Satan" (3.36)

The Prophet (saws) said: The child of adultery is worst of the three.

Abu Hurairah said: That I give a flog in the path of Allah (as a charity) is dearer to me than emancipating a child of adultery.

Abu Talha had a child who was sick. Once, while Abu Talha was out, the child died. When Abu Talha returned home, he asked, "How does my son fare?" Um Salaim (his wife) replied, "He is quieter than he has ever been." Then she brought supper for him and he took his supper and slept with her. When he had finished, she said (to him), "Bury the child (as he's dead)." Next morning Abu Talha came to Allah's Apostle and told him about that. The Prophet said (to him), "Did you sleep with your wife last night?" Abu Talha said, "Yes". The Prophet said, "O Allah! Bestow your blessing on them as regards that night of theirs." Um Sulaim gave birth to a boy. Abu Talha told me to take care of the child till it was taken to the Prophet. Then Abu Talha took the child to the Prophet and Um Sulaim sent some dates along with the child. The Prophet took the child (on his lap) and asked if there was something with him. The people replied, "Yes, a few dates." The Prophet took a date, chewed it, took some of it out of his mouth, put it into the child's mouth and did Tahnik for him with that, and named him 'Abdullah.

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.

The Prophet said, "Avoid the seven great destructive sins." They (the people!) asked, "O Allah's Apostle! What are they?" He said, "To join partners in worship with Allah; to practice sorcery; to kill the life which Allah has forbidden except for a just cause (according to Islamic law); to eat up usury (Riba), to eat up the property of an orphan; to give one's back to the enemy and fleeing from the battle-field at the time of fighting and to accuse chaste women who never even think of anything touching chastity and are good believers."

The Prophet said, "Avoid the seven great destructive sins." The people enquire, "O Allah's Apostle! What are they? "He said, "To join others in worship along with Allah, to practice sorcery, to kill the life which Allah has forbidden except for a just cause, (according to Islamic law), to eat up Riba (usury), to eat up an orphan's wealth, to give back to the enemy and fleeing from the battlefield at the time of fighting, and to accuse, chaste women, who never even think of anything touching chastity and are good believers.

A man and his wife had a case of Lian (or Mula'ana) during the lifetime of the Prophet and the man denied the paternity of her child. The Prophet gave his verdict for their separation (divorce) and then the child was regarded as belonging to the wife only.

The Prophet said, "When I start the prayer I intend to prolong it, but on hearing the cries of a child, I cut short the prayer because I know that the cries of the child will incite its mother's passions."

The Prophet, said, "Whenever I start the prayer I intend to prolong it, but on hearing the cries of a child, I cut short the prayer because I know that the cries of the child will incite its mother's passions."

I conceived `Abdullah bin AzZubair at Mecca and went out (of Mecca) while I was about to give birth. I came to Medina and encamped at Quba', and gave birth at Quba'. Then I brought the child to Allah's Apostle and placed it (on his lap). He asked for a date, chewed it, and put his saliva in the mouth of the child. So the first thing to enter its stomach was the saliva of Allah's Apostle. Then he did its Tahnik with a date, and invoked Allah to bless him. It was the first child born in the Islamic era, therefore they (Muslims) were very happy with its birth, for it had been said to them that the Jews had bewitched them, and so they would not produce any offspring.

Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.

Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''

I was sitting with the Prophet (saws). A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity.

He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah (saws) laughed so much that his canine or molar teeth appeared.

The Prophet said, "There is no believer but I, of all the people, I am the closest to him both in this world and in the Hereafter. Recite if you wish: 'The Prophet is closer to the believers than their own selves.' (33.6) so if a believer (dies) leaves some property then his relatives will inherit that property; but if he is in debt or he leaves poor children, let those (creditors and children) come to me (that I may pay the debt and provide for the children), for them I am his sponsor (surely).

The Prophet said, "Every child is born with a true faith of Islam (i.e. to worship none but Allah Alone) and his parents convert him to Judaism or Christianity or Magianism, as an animal delivers a perfect baby animal. Do you find it mutilated?"

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

The Prophet (saws) said: There is no prostitution in Islam. If anyone practised prostitution in pre-Islamic times, the child will be attributed to the master (of the slave-woman). He who claims his child without a valid marriage or ownership will neither inherit nor be inherited.

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).

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Yahya related to me from Malih from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade the transaction called habal alhabala. It was a transaction which the people of Jahiliya practised. A man would buy the unborn offspring of the unborn offspring of a she-camel.

I said, "O Allah's Apostle! Shall I get a reward (in the Hereafter) if I spend on the children of Abu Salama and do not leave them like this and like this (i.e., poor) but treat them like my children?" The Prophet said, "Yes, you will be rewarded for that which you will spend on them."

The Prophet said, "If anyone of you, when intending to have a sexual intercourse with his wife, says: 'Bismillah, Allahumma jannibna-sh-shaitan, wa jannibi-sh-shaitan ma razaqtana,' and if the couple are destined to have a child (out of that very sexual relation), then Satan will never be able to harm that child."

The Prophet said, "If anyone of you, when having sexual relation with his wife, say: 'In the name of Allah. O Allah! Protect us from Satan and prevent Satan from approaching our offspring you are going to give us,' and if he begets a child (as a result of that relation) Satan will not harm it."

The Prophet said, "If anyone of you, on having sexual relation with his wife, says: 'O Allah! Protect me from Satan, and prevent Satan from approaching the offspring you are going to give me,' and if it happens that the lady conceives a child, Satan will neither harm it nor be given power over it."

Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)

"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."

Malik related to me from Yaqub ibn Zayd ibn Talha from his father Zayd ibn Talha that Abdullah ibn Abi Mulayka informed him that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and informed him that she had committed adultery and was pregnant. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you give birth." When she had given birth, she came to him. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you have suckled and weaned the baby." When she had weaned the baby, she came to him. He said, "Go and entrust the baby to someone." She entrusted the baby to someone and then came to him. He gave the order and she was stoned.

Hind bint `Utba said, "O Allah's Apostle! Abu Sufyan is a miser and he does not give me what is sufficient for me and my children. Can I take of his property without his knowledge?" The Prophet said, "Take what is sufficient for you and your children, and the amount should be just and reasonable.

A man accused his wife of illegal sexual intercourse and denied his paternity to her (conceived) child during the lifetime of Allah's Apostle. Allah's Apostle ordered them both to do Mula'ana as Allah decreed and then gave his decision that the child would be for the mother, and a divorce decree was issued for the couple involved in a case of Mula'ana.

Al-Husayn ibn Ali was (sitting) in the lap of the Messenger of Allah (saws). He passed water on him. I said: Put on (another) clothe, and give me your wrapper to wash. He said: The urine of a female child should be washed (thoroughly) and the urine of a male child should be sprinkled over.

Al-Hasan reported on the authority of his mother that she was Umm Salamah pouring water on the urine of the male child until the age when he did not eat food. When he began to eat food, she would wash (his urine). And she would wash the urine of the female child.

Some Sabi (i.e. war prisoners, children and woman only) were brought before the Prophet and behold, a woman amongst them was milking her breasts to feed and whenever she found a child amongst the captives, she took it over her chest and nursed it (she had lost her child but later she found him) the Prophet said to us, "Do you think that this lady can throw her son in the fire?" We replied, "No, if she has the power not to throw it (in the fire)." The Prophet then said, "Allah is more merciful to His slaves than this lady to her son."

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."