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.

The Prophet said, "Whoever has slaughtered a sacrifice should not keep anything of Its meat after three days." When it was the next year the people said, "O Allah's Apostle! Shall we do as we did last year?" He said, ' Eat of it and feed of it to others and store of it for in that year the people were having a hard time and I wanted you to help (the needy).

I heard Allah's Apostle saying, Allah divided Mercy into one hundred parts. He kept ninety nine parts with Him and sent down one part to the earth, and because of that, its one single part, His Creations are merciful to each other, so that even the mare lifts up its hoofs away from its baby animal, lest it should trample on it."

regarding: 'Allah will not call you to account for that which is unintentional in your oaths...' (2.225) This Verse was revealed concerning such oath formulas as: 'No, by Allah!' and 'Yes, by Allah!' something against his oath due to forgetfulness should he make expiation?). And the Statement of Allah: 'And there is no blame on you if you make a mistake therein.' (33.5) And Allah said:-- '(Moses said to Khadir): Call me not to account for what I forgot.' (18.73)

While I was walking with `Abdullah he said, "We were in the company of the Prophet and he said, 'He who can afford to marry should marry, because it will help him refrain from looking at other women, and save his private parts from committing illegal sexual relation; and he who cannot afford to marry is advised to fast, as fasting will diminish his sexual power."

Allah's Apostle delivered a sermon and said, "Zaid received the flag and was martyred, then Ja`far took it and was martyred, then `Abdullah bin Rawaha took it and was martyred, and then Khalid bin Al-Walid took it without being appointed, and Allah gave him victory." The Prophet added, "I am not pleased (or they will not be pleased) that they should remain (alive) with us," while his eyes were shedding tears.

While I was standing with Sa`d bin Abi Waqqas, Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi`, the freed slave of the Prophet came and asked Sa`d to buy from him the (two) dwellings which were in his house. Sa`d said, "By Allah I will not buy them." Al- Miswar said, "By Allah, you shall buy them." Sa`d replied, "By Allah, I will not pay more than four thousand (Dirhams) by installments." Abu Rafi` said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet saying, 'The neighbor has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sa`d.

Yahya related to me from Malik from Ibn Shihab that Humay ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar in the year that he performed the hajj, holding a lock of hair (i.e. a hairpiece) which he took from one of his guards, "People of Madina! Where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, forbid the like of this, saying, 'The Banu Israil were destroyed when their women started to use this.' "

Some men came to Sahl bin Sa`d to ask him about the pulpit. He replied, "Allah's Apostle sent for a woman (Sahl named her) (this message): 'Order your slave carpenter to make pieces of wood (i.e. a pulpit) for me so that I may sit on it while addressing the people.' So, she ordered him to make it from the tamarisk of the forest. He brought it to her and she sent it to Allah's Apostle . Allah's Apostle ordered it to be placed in the mosque: so, it was put and he sat on it.

Sa'id ibn AbuSa'id al-Maqburi reported on the authority of his father that he saw AbuRafi' the freed slave of the Prophet (saws), passing by Hasan ibn Ali (Allah be pleased with them) when he was standing offering his prayer. He had tied the back knot of his hair. AbuRafi' untied it. Hasan turned to him with anger, AbuRafi' said to him: Concentrate on your prayer and do not be angry: I heard the Messenger of Allah (saws) say: This is the seat of the devil, referring to the back knot of the hair.

There was an Ansari man called Abu Shu'aib who had a slave butcher. Abu Shu'aib said to him, "Prepare a meal sufficient for five persons so that I might invite the Prophet besides other four persons." Abu Shu'aib had seen the signs of hunger on the face of the Prophet and so he invited him. Another man who was not invited, followed the Prophet. The Prophet said to Abu Shu'aib, "This man has followed us. Do you allow him to share the meal?" Abu Shu'aib said, "Yes."

Abu Dawud said : The woman had four folds of fat on her belly.

Allah's Apostle said, "When anyone of you appeal to Allah for something, he should ask with determination and should not say, 'O Allah, if You wish, give me.', for nobody can force Allah to do something against His Will.

Allah's Apostle said, "Whenever anyone of you invoke Allah for something, he should be firm in his asking, and he should not say: 'If You wish, give me...' for none can compel Allah to do something against His Will."

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

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.' "

That Kuraib, the freed slave of Ibn `Abbas told him that Ibn `Abbas, `Abdur-Rahman bin Azhar and Al-Miswar bin Makhrama sent him to `Aisha saying, "Pay her our greetings and ask her about our offering of the two-rak`at after `Asr Prayer, and tell her that we have been informed that you offer these two rak`at while we have heard that the Prophet had forbidden their offering." Ibn `Abbas said, "I and `Umar used to beat the people for their offering them." Kuraib added, "I entered upon her and delivered their message to her.' She said, 'Ask Um Salama.' So, I informed them (of `Aisha's answer) and they sent me to Um Salama for the same purpose as they sent me to `Aisha. Um Salama replied, 'I heard the Prophet forbidding the offering of these two rak`at. Once the Prophet offered the `Asr prayer, and then came to me. And at that time some Ansari women from the Tribe of Banu Haram were with me. Then (the Prophet ) offered those two rak`at, and I sent my (lady) servant to him, saying, 'Stand beside him and say (to him): Um Salama says, 'O Allah's Apostle! Didn't I hear you forbidding the offering of these two rak`at (after the `Asr prayer yet I see you offering them?' And if he beckons to you with his hand, then wait behind.' So the lady slave did that and the Prophet beckoned her with his hand, and she stayed behind, and when the Prophet finished his prayer, he said, 'O the daughter of Abu Umaiya (i.e. Um Salama), You were asking me about these two rak`at after the `Asr prayer. In fact, some people from the tribe of `Abdul Qais came to me to embrace Islam and busied me so much that I did not offer the two rak`at which were offered after Zuhr compulsory prayer, and these two rak`at (you have seen me offering) make up for those."

Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "

Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.

Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "

Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."

Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.

Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "

Malik said, "This is what I have heard about the matter."

A man passed by Allah's Apostle and Allah s Apostle asked (his companions) "What do you say about this (man)?" They replied "If he asks for a lady's hand, he ought to be given her in marriage; and if he intercedes (for someone) his intercessor should be accepted; and if he speaks, he should be listened to." Allah's Apostle kept silent, and then a man from among the poor Muslims passed by, an Allah's Apostle asked (them) "What do you say about this man?" They replied, "If he asks for a lady's hand in marriage he does not deserve to be married, and he intercedes (for someone), his intercession should not be accepted; And if he speaks, he should not be listened to.' Allah's Apostle said, "This poor man is better than so many of the first as filling the earth.'

Abu Dawud said: Similarly, this tradition has been narrated by Ibn Wahb from Malik, Hafs b. Maisarah, Dawud b. Qais and Hisham b. Sa'd. But Hisham projected it to Abu Sa'id al-Khudri.

The Prophet (saws) said: If anyone corrupts (instigates) the wife of a man or his slave (against him), he is not from us.

This hadith has been narrated by Abu Nadr on the authority of Umair, the freed slave of Umm al-Fadl, through the same chain of transmitters.

Malik related to me from Nafi that Abdullah ibn Umar said, "A mukatab is a slave as long as any of his kitaba remains to be paid."

The Prophet said, "The freed slave belongs to the people who have freed him," or said something similar.

A hadith like this has been transmitted on the authority, of 'Abd al-Malik b. Umair with the same chain of narraters but with a slight change of words.

This hadith has been narrated on the authority of 'Abd al-Rahman b. Samura through another chain of transmitters but there is no mention of the word" authority".

I asked Abu Sa`id, and he was a friend of mine, (about the Night of Qadr) and he said, "We practiced I`tikaf (seclusion in the mosque) in the middle third of the month of Ramadan with the Prophet . In the morning of the 20th of Ramadan, the Prophet came and addressed us and said, 'I was informed of (the date of the Night of Qadr) but I was caused to forget it; so search for it in the odd nights of the last ten nights of the month of Ramadan. (In the dream) I saw myself prostrating in mud and water (as a sign). So, whoever was in I`tikaf with me should return to it with me (for another 10-day's period)', and we returned. At that time there was no sign of clouds in the sky but suddenly a cloud came and it rained till rainwater started leaking through the roof of the mosque which was made of date-palm leaf stalks. Then the prayer was established and I saw Allah's Apostle prostrating in mud and water and I saw the traces of mud on his forehead."

The Messenger of Allah (saws) Said: The blood of a Muslim man who testifies that there is no god but Allah and that Muhammad is Allah's Apostle should not lawfully be shed except only for one of three reasons: a man who committed fornication after marriage, in which case he should be stoned; one who goes forth to fight with Allah and His Apostle, in which case he should be killed or crucified or exiled from the land; or one who commits murder for which he is killed.

The Prophet delivered a sermon and said, "You (people) will be gathered before Allah (on the Day of Resurrection) bare-footed, naked and uncircumcised." (The Prophet then recited):-- 'As We began the first creation We shall repeat it. (It is) a promise We have undertaken and truly We shall do it.' and added, "The first man who will be dressed on the Day of Resurrection, will be Abraham. Lo! Some men from my followers will be brought and taken towards the left side, whereupon I will say, 'O Lord, (these are) my companions!' It will be said, 'You do not know what new things they introduced (into the religion) after you.' I will then say as the righteous pious slave, Jesus, said, 'I was a witness over them while I dwelt among them...(to His Statement)..and You are the Witness to all things.' (5.117) Then it will be said, '(O Muhammad) These people never stopped to apostate since you left them."

Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

If a man has sexual intercourse (with menstruating woman) during her bleeding, he should give one dinar as sadaqah, and if he does so when bleeding has stopped, he should give half a dinar as sadaqah.

'Amr bin Shu'aib on his father's authority said that his grandfather told that the Messenger of Allah (saws) decided regarding the stream al-Mahzur that its water should be held back till it reached the ankles, and that the upper waters should then be allowed to flow to the lower.

Allah's Apostle said, "If anyone of you goes to an open space for answering the call of nature he should neither face nor turn his back towards the Qibla; he should either face the east or the west."

Once the Prophet ordered a person on 'Ashura' (the tenth of Muharram) to announce, "Whoever has eaten, should not eat any more, but fast, and who has not eaten should not eat, but complete his fast (till the end of the day).

The Prophet ordered a man from the tribe of Bani Aslam to announce amongst the people that whoever had eaten should fast the rest of the day, and whoever had not eaten should continue his fast, as that day was the day of 'Ashura' .

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

The Prophet said, "Three persons will get their reward twice. (One is) a person who has a slave girl and he educates her properly and teaches her good manners properly (without violence) and then manumits and marries her. Such a person will get a double reward. (Another is) a believer from the people of the scriptures who has been a true believer and then he believes in the Prophet (Muhammad). Such a person will get a double reward. (The third is) a slave who observes Allah's Rights and Obligations and is sincere to his master."

Once we accompanied the Messenger of Allah (saws) on a journey. When we reached near Medina, the people began to say aloud: "Allah is most great," and they raised their voice.

The Messenger of Allah (saws) said: O people, you are not supplicating one who is deaf and absent, but you are supplicating One Who is nearer to you than the neck of your riding beast.

The Messenger of Allah (saws) then said: AbuMusa, should I not point out to you one of the treasures of Paradise?

I asked: What is that?

He replied: "There is no might and there is no power except in Allah"