Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

Malik was asked whether the tenth or the twentieth was taken out of olives before they were sold or after and he said, "The sale is not taken into consideration. It is the people who produce the olives that are asked about the olives, just as it is the people who produce foodstuffs that are asked about it, and zakat is taken from them by what they say. Someone who gets five awsuq or more of olives from his olive trees has a tenth taken from the oil after pressing. Whereas someone who does not get five awsuq from his trees does not have to pay any zakat on the oil."

Malik said, "Someone who sells his crops when they are ripe and are ready in the husk has to pay zakat on them but the one who buys them does not. The sale of crops is not valid until they are ready in the husk and no longer need water."

Malik said, concerning the word of Allah the Exalted, "And give its due on the day of its harvesting," that it referred to zakat, and that he had heard people saying that.

Malik said, "If someone sells his garden or his land, on which are crops or fruit which have not yet ripened, then it is the buyer who has to pay the zakat. If, however, they have ripened, it is the seller who has to pay the zakat, unless paying the zakat is one of the conditions of the sale."

Allah's Apostle said, "Anybody who believes in Allah and the Last Day should not harm his neighbor, and anybody who believes in Allah and the Last Day should entertain his guest generously and anybody who believes in Allah and the Last Day should talk what is good or keep quiet. (i.e. abstain from all kinds of evil and dirty talk).

The Prophet said, "The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Mecca and Medina); (2) a person who seeks that the traditions of the Pre-lslamic Period of Ignorance, should remain in Islam (3) and a person who seeks to shed somebody's blood without any right."

The Prophet said, "If anyone of you sees a dream that he likes, then it is from Allah, and he should thank Allah for it and narrate it to others; but if he sees something else, i.e., a dream that he dislikes, then it is from Satan, and he should seek refuge with Allah from its evil, and he should not mention it to anybody, for it will not harm him."

A man kissed a woman (unlawfully) and then went to the Prophet and informed him. Allah revealed: And offer prayers perfectly At the two ends of the day And in some hours of the night (i.e. the five compulsory prayers). Verily! good deeds remove (annul) the evil deeds (small sins) (11.114). The man asked Allah's Apostle, "Is it for me?" He said, "It is for all my followers."

I heard `Umar saying, "Whoever braids his hair should shave it (on finishing lhram). You'd better not do, something like Talbid." Ibn `Umar used to say: "I saw Allah's Apostle with his hair stuck together with gum."

The person about whom Allah's Apostle said, "If I were to take a Khalil from this nation (my followers), then I would have taken him (i.e., Abu Bakr), but the Islamic Brotherhood is better (or said: good)," regarded a grandfather as the father himself (in inheritance).

[Muslim].

A silken cloak was presented to the Prophet and he used to forbid the usage of silk (by men). When the people were fascinated by the cloak. he said, "By Allah in Whose Hands the life of Muhammad is, the handkerchiefs of Sa`d bin Mu`adh in Paradise are better than this."

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 ."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that Abd ar-Rahman ibn Abd al-Qari said, "I went out with Umar ibn alKhattab in Ramadan to the mosque and the people there were spread out in groups. Some men were praying by themselves, whilst others were praying in small groups. Umar said, 'By Allah! It would be better in my opinion if these people gathered behind one reciter.' So he gathered them behind Ubayy ibn Kab. Then I went out with him another night and the people were praying behind their Qur'an reciter. Umar said, 'How excellent this new way is, but what you miss while you are asleep is better than what you watch in prayer.' He meant the end of the night, and people used to watch the beginning of the night in prayer."

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.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' "

I asked `Aisha (regarding the Sai between As Safa and Al-Marwa). She said, "Out of reverence to the idol Manat which was placed in Al-Mushailal, those who used to assume Ihram in its name, used not to perform Sai between As-Safa and Al-Marwa, so Allah revealed: 'Verily! The As-Safa and Al-Marwa (two mountains at Mecca) are among the symbols of Allah.' (2.158). Thereupon, Allah's Apostle and the Muslims used to perform Sai (between them)." Sufyan said: The (idol) Manat was at Al-Mushailal in Qudaid. `Aisha added, "The Verse was revealed in connection with the Ansar. They and (the tribe of) Ghassan used to assume lhram in the name of Manat before they embraced Islam." `Aisha added, "There were men from the Ansar who used to assume lhram in the name of Manat which was an idol between Mecca and Medina. They said, "O Allah's Apostle! We used not to perform the Tawaf (Sai) between As-Safa and Al-Marwa out of reverence to Manat."

Abu Huraira said, "You people claim that Abu Huraira narrates many narrations of Allah's Apostle. (Anyhow) with Allah will be our appointment. I was a poor man, and used to stick to Allah's Apostle contented with what will fill my stomach, and the Muhajirin (emigrants) used to be busy trading in the markets, and the Ansar used to be busy looking after their properties. One-day I heard Allah's Apostle saying, 'Who will spread his Rida' (a garment covering the upper part of the body) till I finished my speech and then fold it, (i.e. wrap it over your body), in which case he will never forget anything he had heard from me." So I spread my garment which I was wearing; and by Him Who sent Muhammad with the Truth, ever since, I have never forgotten whatever I heard from him (the Prophet)" (See, Hadith No. 119, Vol. 1)

Az-Zubair had three scars caused by the sword, one of which was over his shoulder and I used to insert my fingers in it. He received two of those wounds on the day of Badr and one on the day of Al-Yarmuk. When 'Abdullah bin Zubair was killed, 'Abdul-Malik bin Marwan said to me, "O 'Urwa, do you recognize the sword of Az-Zubair?" I said, "Yes." He said, "What marks does it have?" I replied, "It has a dent in its sharp edge which was caused in it on the day of Badr." 'Abdul- Malik said, "You are right! (i.e. their swords) have dents because of clashing with the regiments of the enemies Then 'Abdul-Malik returned that sword to me (i.e. Urwa). (Hisham, 'Urwa's son said, "We estimated the price of the sword as three-thousand (Dinars) and after that it was taken by one of us (i.e. the inheritors) and I wish I could have had it.")

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

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, "Do not ask for a woman in marriage when another muslim has already done so."

Malik said, "The explanation of the statement of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - is that 'Do not ask for a woman in marriage when another muslim has already done so' means that when a man has asked for a woman in marriage, and she has inclined to him and they have agreed on a bride-price, which she has suggested and with which they are mutually satisfied, it is forbidden for another man to ask for that woman in marriage. It does not mean that when a man has asked for a woman in marriage, and his suit does not agree with her and she does not incline to him that no one else can ask for her in marriage. That is a door to misery for people."

Barirah came to seek my help regarding her manumission (freedom). I told herself you like I would pay your price to your masters but your Wala' (allegiance) would be for me." Her masters said, "If you like, you can pay what remains (of the price of her manumission), (Sufyan the sub-narrator once said), or if you like you can manumit her, but her (inheritance) Al-Wala would be for us. "When Allah's Apostle came, I spoke to him about it. He said, "Buy her and manumit her. No doubt Al-Wala' is for the manumitted." Then Allah's Apostle stood on the pulpit (or Allah's Apostle ascended the pulpit as Sufyan once said), and said, "What about some people who impose conditions which are not present in Allah's Book (Laws)? Whoever imposes conditions which are not in Allah's Book (Laws), his conditions will be invalid even if he imposed them a hundred times."

Ziyadah al-Kindi reported on the authority of Bilal that he (Bilal) came to the Messenger of Allah (saws) to inform him about the dawn prayer. Aisha kept Bilal engaged in a matter which she asked him till the day was bright and it became fairly light. Bilal then stood up and called him to prayer and called him repeatedly. The Messenger of Allah (saws) did not yet come out. When he came out, he led the people in prayer and he (Bilal) informed him that Aisha had kept him engaged in a matter which she asked him till it became fairly light; hence he became late in reaching him (in time). He (Bilal) said: Messenger of Allah, the dawn became fairly bright. He said: If the dawn became brighter than it is now, I would pray them (the two rak'ahs of the sunnah prayer), offer them well and in a more beautiful manner.

Allah's Apostle rode a donkey, equipped with a thick cloth-covering made in Fadak and was riding behind him. He was going to pay visit to Sa`d bin Ubada in Banu Al-Harith bin Al-Khazraj; and this incident happened before the battle of Badr. The Prophet passed by a gathering in which `Abdullah bin Ubai bin Salul was present, and that was before `Abdullah bin Ubai embraced Islam. Behold in that gathering there were people of different religions: there were Muslims, pagans, idol-worshippers and Jews, and in that gathering `Abdullah bin Rawaha was also present. When a cloud of dust raised by the donkey reached that gathering, `Abdullah bin Ubai covered his nose with his garment and then said, "Do not cover us with dust." Then Allah's Apostle greeted them and stopped and 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 Saluil said, "O man ! There is nothing better than that what you say. If it is the truth, then do not trouble us with it in our gatherings. Return to your mount (or residence) and if somebody comes to you, relate (your tales) to him." On that `Abdullah bin Rawaha said, "Yes, O Allah's Apostle! Bring it (i.e. what you want to say) to us in our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing one another till they were on the point of fighting with one another. The Prophet kept on quietening them till they became quiet, whereupon the Prophet rode his animal (mount) and proceeded till he entered upon Sa`d bin Ubada. The Prophet said to Sa`d, "Did you not hear what 'Abu Hub-b said?" He meant `Abdullah bin Ubai. "He said so-andso." On that Sa`d bin Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Him Who revealed the Book to you, Allah brought the Truth which was sent to you at the time when the people of this town (i.e. Medina) had decided unanimously to crown him and tie a turban on his head (electing him as chief). But when Allah opposed that (decision) through the Truth which Allah gave to you, he (i.e. `Abdullah bin Ubai) was grieved with jealously. and that caused him to do what you have seen." So Allah's Apostle excused him, for the Prophet and his companions used to forgive the pagans and the people of Scripture as Allah had ordered them, and they used to put up with their mischief with patience. Allah said: "And you shall certainly hear much that will grieve you from those who received the Scripture before you and from the pagans........'(3.186) And Allah also said:--"Many of the people of the Scripture wish if they could turn you away as disbelievers after you have believed, from selfish envy.." (2.109) So the Prophet used to stick to the principle of forgiveness for them as long as Allah ordered him to do so till Allah permitted fighting them. So when Allah's Apostle fought the battle of Badr and Allah killed the nobles of Quraish infidels through him, Ibn Ubai bin Salul and the pagans and idolaters who were with him, said, "This matter (i.e. Islam) has appeared (i.e. became victorious)." So they gave the pledge of allegiance (for embracing Islam) to Allah's Apostle and became Muslims.

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.

The Prophet said, "No doubt, one had better take a rope (and cut) and tie a bundle of wood and sell it whereby Allah will keep his face away (from Hell-fire) rather than ask others who may give him or not."

Allah's Apostle, the true and truly inspired said, "(The matter of the Creation of) a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things. He is ordered to write down his (i.e. the new creature's) deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. And similarly a man amongst you may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behavior, and he starts doing deeds characteristic of the people of Paradise."

I heard the Messenger of Allah (saws) say: The game of the land is lawful for you (when you are wearing ihram) as long as you do not hunt it or have it hunted on your behalf.

Abu Dawud said: When two traditions from the Prophet (saws) conflict, one should see which of them was followed by his Companions.

The Prophet (saws) entered al-Ji'ranah. He came to the mosque (there) and prayed as long as Allah desired; he then wore ihram. Then he rode his camel and faced Batn Sarif till he reached the way which leads to Medina. He returned from Mecca (at night to al-Ji'ranah) as if he had passed the night at Mecca.

The Prophet (saws) said: A man or a woman acts in obedience to Allah for sixty years, then when they are about to die they cause injury by their will, so they must go to Hell. Then AbuHurayrah recited: "After a legacy which you bequeath or a debt, causing no injury...that will be the mighty success.

Abu Dawud said: Al-Ash'ath b. Jabir is the grandfather of Nasr b. 'Ali.

The Prophet (saws) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.

The Messenger of Allah (saws) borrowed coats of mail from him on the day of (the battle of) Hunayn. He asked: Are you taking them by force. Muhammad? He replied: No, it is a loan with a guarantee of their return.

Abu Dawud said: This tradition narrated by Yazid (b. Harun) at Baghdad. There is some change in the tradition narrated by him at Wasit, which is something different.

The Prophet (saws) said: The religion will continue to be established till there are twelve caliphs over you, and the whole community will agree on each of them. I then heard from the Prophet (saws) some remarks which I could not understand. I asked my father: What is he saying: He said: all of them will belong to Quraysh.

The Prophet (saws) said: If a relative of anyone is killed, or if he suffers khabl, which means a wound, he may choose one of the three things: he may retaliate, or forgive, or receive compensation. But if he wishes a fourth (i.e. something more), hold his hands. After this whoever exceeds the limits shall be in grave penalty.