Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it."

Malik related to me from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a man said to the Messenger of Allah, may Allah bless him and grant him peace, "My mother died suddenly, and I think that had she spoken, she would have given sadaqa. Shall I give sadaqa for her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."

Yahya related to me from Malik from Yahya ibn Said that death came to a man in the time of the Messenger of Allah, may Allah bless him and grant him peace. A man said, "He was fortunate," as he had died without being tried by illness. The Messenger of Allah, may Allah bless him and grant him peace, said, "Alas for you, what will let you know that if Allah had tried him with illness, He would have wiped out his wrong actions."

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

¹: These verses were abrogated in recitation but not ruling. Other ahadith establish the number for fosterage to be 5.

A man from Banu Sahm went out with Tamim ad-Dari and Adi ibn Badda'. The man of Banu Sahm died in the land where no Muslim was present. When they returned with his inheritance, they (the heirs) did not find a silver cup with lines of gold (in his property). The Messenger of Allah (saws) administered on oath to them. The cup was then found (with someone) at Mecca. They said: We have bought it from Tamim and Adi.

Then two men from the heirs of the man of Banu Sahm got up and swore saying: Our witness is more reliable than their witness. They said that the cup belonged to their man.

He (Ibn Abbas) said: The following verse was revealed about them: "O ye who believe! when death approaches any of you....."

A man alighted at Harrah with his wife and children. A man said (to him): My she-camel has strayed; if you find it, detain it.

He found it, but did not find its owner, and it fell ill. His wife said: Slaughter it. But he refused and it died.

She said: Skin it so that we may dry its fat and flesh and then eat them.

He said: Let me ask the Messenger of Allah (saws). So he came to him (the Prophet) and asked him. He said: Have you sufficient for your needs? He replied: No. He then said: Then eat it.

Then its owner came and he told him the story. He said: Why did you not slaughter it? He replied: I was ashamed (or afraid) of you.

To the Messenger of Allah (saws) was brought man wearing ihram who was thrown by his she-camel and has his neck broken and had died. He then said: Shroud him in his two garments, was him with water and lotus leaves, but do not cover his head, for he will be raised on the Day of Resurrection saying the talbiyah.

Abu Dawud said: I heard Ahmad b. Hanbal say: There are five rules of the law (sunan) in this tradition: "Shroud him in his two garment," that is, the dead should be shrouded in his two garments. "Wash him with water and lotus leaves," that is, washing all times should be with lotus leaves. Do not bring any perfume near him. The shroud will be made from the property (of the dead).

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

Yahya related to me from Malik from Yahya ibn Said from Abdullah ibn Kab, the mawla of Uthman ibn Affan that Mahmud ibn Labid al-Ansari asked Zayd ibn Thabit about a man who penetrated his wife but became listless and did not ejaculate. Zayd ibn Thabit said, "He does ghusl." Mahmud said to him, "Ubayy ibn Kab used not to think that ghusl was necessary," but Zayd ibn Thabit said, "Ubayy ibn Kab drew away from that before he died."

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Amongst what was sent down of the Qur'an was 'ten known sucklings make haram' - then it was abrogated by 'five known sucklings'. When the Messenger of Allah, may Allah bless him and grant him peace, died, it was what is now recited of the Qur'an."

Yahya said that Malik said, "One does not act on this."

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid."

Malik said, "This is my opinion as well."

Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid."