The Prophet decreed that one should not try to cancel a bargain already agreed upon between some other persons (by offering a bigger price). And a man should not ask for the hand of a girl who is already engaged to his Muslim brother, unless the first suitor gives her up, or allows him to ask for her hand.

A Jew crushed the head of a girl between two stones. It was said to her. "Who has done this to you, such-and-such person, such-and-such person?" When the name of the Jew was mentioned, she nodded with her head, agreeing. So the Jew was brought and he confessed. The Prophet ordered that his head be crushed with the stones. (Hammam said, "with two stones.")

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

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

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Hafsa bint Seereen said, "On Id we used to forbid our girls to go out for `Id prayer. A lady came and stayed at the palace of Bani Khalaf and I went to her. She said, 'The husband of my sister took part in twelve holy battles along with the Prophet and my sister was with her husband in six of them. My sister said that they used to nurse the sick and treat the wounded. Once she asked, 'O Allah's Apostle! If a woman has no veil, is there any harm if she does not come out (on `Id day)?' The Prophet said, 'Her companion should let her share her veil with her, and the women should participate in the good deeds and in the religious gatherings of the believers.' " Hafsa added, "When Um-`Atiya came, I went to her and asked her, 'Did you hear anything about so-and-so?' Um-`Atiya said, 'Yes, let my father be sacrificed for the Prophet (p.b.u.h). (And whenever she mentioned the name of the Prophet she always used to say, 'Let my father be' sacrificed for him). He said, 'Virgin mature girls staying often screened (or said, 'Mature girls and virgins staying often screened--Aiyub is not sure as which was right) and menstruating women should come out (on the `Id day). But the menstruating women should keep away from the Musalla. And all the women should participate in the good deeds and in the religious gatherings of the believers'." Hafsa said, "On that I said to Um-`Atiya, 'Also those who are menstruating?' " Um-`Atiya replied, "Yes. Do they not present themselves at `Arafat and elsewhere?".

Abu Bakr came to my house while two small Ansari girls were singing beside me the stories of the Ansar concerning the Day of Buath. And they were not singers. Abu Bakr said protestingly, "Musical instruments of Satan in the house of Allah's Apostle !" It happened on the `Id day and Allah's Apostle said, "O Abu Bakr! There is an `Id for every nation and this is our `Id."

A Jew killed a girl of the Ansar for her ornaments. He then threw her in a well, and crushed her head with stones. He was then arrested and brought to the Prophet (saws). He ordered regarding him that he should be stoned to death. He was then stoned till he died.

Abu Dawud said: It has been transmitted by Ibn Juraij from Ayyub in a similar way.

She said: Do not apply it except in the case of dire need which is troubling you. In that case you can use it at night, but you should remove it in the daytime. Then Umm Salamah said: The Messenger of Allah (saws) came to visit me when AbuSalamah died, and I had put the juice of aloes in my eye.

He asked : What is this, Umm Salamah? I replied: It is only the juice of aloes and contains no perfume. He said: It gives the face a glow, so apply it only at night and remove it in daytime, and do not comb yourself with scent or henna, for it is a dye. I asked: What should I use when I comb myself, Messenger of Allah? He said: Use lote-tree leaves and smear your head copiously with them.

The Prophet (saws) said: When one of you asked a woman in marriage, if he is able to look at what will induce him to marry her, he should do so. He (Jabir) said: I asked a girl in marriage, I used to look at her secretly, until I looked at what induced me to marry her. I, therefore, married her.

The Prophet was screening me with his Rida' (garment covering the upper part of the body) while I was looking at the Ethiopians who were playing in the courtyard of the mosque. (I continued watching) till I was satisfied. So you may deduce from this event how a little girl (who has not reached the age of puberty) who is eager to enjoy amusement should be treated in this respect.

Umm Salama, the wife of Allah's Apostle (may peace be upon him), reported that Allah's Messenger (may peace be upon him) said to a small girl in the house of Umm Salama that he had been seeing on her face black stains and told her that that was due to the infiluence of an evil eye, and he asked that she should be cured with the help of incantation (hoping) that her face should become spotles.

That once Abu Bakr came to her on the day of `Id-ul-Fitr or `Id ul Adha while the Prophet was with her and there were two girl singers with her, singing songs of the Ansar about the day of Buath. Abu Bakr said twice. "Musical instrument of Satan!" But the Prophet said, "Leave them Abu Bakr, for every nation has an `Id (i.e. festival) and this day is our `Id."

While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."

Allah's Apostle came to my house while two girls were singing beside me the songs of Bu'ath (a story about the war between the two tribes of the Ansar, i.e. Khazraj and Aus, before Islam.) The Prophet reclined on the bed and turned his face to the other side. Abu Bakr came and scolded me and said protestingly, "Instrument of Satan in the presence of Allah's Apostle?" Allah's Apostle turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I waved the two girls to go away and they left. It was the day of `Id when negroes used to play with leather shields and spears. Either I requested Allah's Apostle or he himself asked me whether I would like to see the display. I replied in the affirmative. Then he let me stand behind him and my cheek was touching his cheek and he was saying, "Carry on, O Bani Arfida (i.e. negroes)!" When I got tired, he asked me if that was enough. I replied in the affirmative and he told me to leave.

When I got married, Allah's Apostle said to me, "What type of lady have you married?" I replied, "I have married a matron' He said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also said: Allah's Apostle said, "Why didn't you marry a young girl so that you might play with her and she with you?'

The Prophet said, "Beware of suspicion (about others), as suspicion is the falsest talk, and do not spy upon each other, and do not listen to the evil talk of the people about others' affairs, and do not have enmity with one another, but be brothers. And none should ask for the hand of a girl who is already engaged to his (Muslim) brother, but one should wait till the first suitor marries her or leaves her."

The Prophet (saws) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid.

Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman b. Hayyan and Mu'adh b. Mu'adh on the authority of Muhammad b. 'Amr.

The Prophet (saws) said: on the day of the conquest of Mecca: There are four persons whom I shall not give protection in the sacred and non-sacred territory. He then named them. There were two singing girls of al-Maqis; one of them was killed and the other escaped and embraced Islam.

Abu Dawud said: I could not understand its chain of narrators from Ibn al-'Ala' as I liked.

Allah's Apostle forbade the selling of things by a town dweller on behalf of a desert dweller; and similarly Najsh was forbidden. And one should not urge somebody to return the goods to the seller so as to sell him his own goods; nor should one demand the hand of a girl who has already been engaged to someone else; and a woman should not try to cause some other woman to be divorced in order to take her place.

Allah's Apostle (p.b.u.h) came to my house while two girls were singing beside me the songs of Buath (a story about the war between the two tribes of the Ansar, the Khazraj and the Aus, before Islam). The Prophet (p.b.u.h) lay down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, "Musical instruments of Satan near the Prophet (p.b.u.h) ?" Allah's Apostle (p.b.u.h) turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I signaled to those girls to go out and they left. It was the day of `Id, and the Black people were playing with shields and spears; so either I requested the Prophet (p.b.u.h) or he asked me whether I would like to see the display. I replied in the affirmative. Then the Prophet (p.b.u.h) made me stand behind him and my cheek was touching his cheek and he was saying, "Carry on! O Bani Arfida," till I got tired. The Prophet (p.b.u.h) asked me, "Are you satisfied (Is that sufficient for you)?" I replied in the affirmative and he told me to leave.

I and my father went to the house of my father-in-law from the Ansar to pay a sick visit to him. The time of prayer came. He said to someone of his relatives: O girl! bring me water for ablution so that I pray and get comfort. We objected to him for it. He said: I heard the Messenger of Allah (saws) say: Get up, Bilal, and give us comfort by the prayer.

AbusSahba' said: We discussed the things that cut off the prayer according to Ibn Abbas. He said: I and a boy from Banu AbdulMuttalib came riding a donkey, and the Messenger of Allah (saws) was leading the people in prayer. He dismounted and I also dismounted. I left the donkey in front of the row (of the worshippers). He (the Prophet) did not pay attention to that. Then two girls from Banu AbdulMuttalib came and joined the row in the middle, but he paid no attention to that.

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.

(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."

The Prophet said, "If one manumits his share of a common slave (Abd), and he has money sufficient to free the remaining portion of the price of the slave (justly estimated), then he should free the slave completely by paying the rest of his price; otherwise the slave is freed partly. "

The Prophet (saws) said: None of you must say: "My slave" (abdi) and "My slave-woman" (amati), and a slave must not say: "My lord" (rabbi or rabbati). The master (of a slave) should say: "My young man" (fataya) and "My young woman" (fatati), and a slave should say "My master" (sayyidi) and "My mistress" (sayyidati), for you are all (Allah's slave and the Lord is Allah, Most High.

A Jew killed a girl so that he may steal her ornaments. He struck her with a stone, and she was brought to the Prophet while she was still alive. The Prophet asked her, "Did such-and-such person strike you?" She gestured with her head, expressing denial. He asked her for the second time, and she again gestured with her head, expressing denial. When he asked her for the third time, she beckoned, "Yes." So the Prophet killed him (the Jew) with two stones.

One of the daughters of the Prophet expired and he came to us and said, "Wash her with Sidr (water) for odd number of times, i.e. three, five or more, if you think it necessary, and in the last, put camphor or (some camphor on her), and when you finish, notify me." So when we finished we informed him. He gave his waist-sheet to us (to shroud her). We entwined the hair (of the deceased girl) in three braids and made them fall at her back.

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

A man decided that a slave of his would be manumitted after his death and later on he was in need of money, so the Prophet took the slave and said, "Who will buy this slave from me?" Nu'aim bin `Abdullah bought him for such and such price and the Prophet gave him the slave.

(as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry.' (4.127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.

(the daughter of Muawwidh bin Afra) After the consummation of my marriage, the Prophet came and sat on my bed as far from me as you are sitting now, and our little girls started beating the tambourines and reciting elegiac verses mourning my father who had been killed in the battle of Badr. One of them said, "Among us is a Prophet who knows what will happen tomorrow." On that the Prophet said, "Leave this (saying) and keep on saying the verses which you had been saying before."

The Prophet said, "No town-dweller should sell for a bedouin. Do not practice Najsh (i.e. Do not offer a high price for a thing which you do not want to buy, in order to deceive the people). No Muslim should offer more for a thing already bought by his Muslim brother, nor should he demand the hand of a girl already engaged to another Muslim. A Muslim woman shall not try to bring about The divorce of her sister (i.e. another Muslim woman) in order to take her place herself."

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came to get him and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. Then he would not pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Anas.

[Abu 'Eisa said:] The Hadith of Jabir is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. There is no harm in a slave for two slaves in hand to hand exchange, but they differ when it is on credit.

The Prophet said, "Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price."

A man amongst us declared that his slave would be freed after his death. The Prophet called for that slave and sold him. The slave died the same year.

A man manumitted a slave and he had no other property than that, so the Prophet canceled the manumission (and sold the slave for him). Nu'aim bin Al-Nahham bought the slave from him.

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, "This is the best of what I have heard on the matter.''

That he used to give his verdict regarding the male or female slaves owned by more than one master, one of whom may manumit his share of the slave. Ibn `Umar used to say in such a case, "The manumitted should manumit the slave completely if he has sufficient money to pay the rest of the price of that slave (which is to be justly estimated) and the other shareholders are to take the price of their shares and the slave is freed (released from slavery)." Ibn `Umar narrated this verdict from the Prophet.