Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Ya`la used to say, "I wish I could see Allah's Apostle at the time when he is being inspired divinely." Ya`la added "While the Prophet was at Al-Ja'rana, shaded with a cloth sheet (in the form of a tent) and there were staying with him, some of his companions under it, suddenly there came to him a bedouin wearing a cloak and perfumed extravagantly. He said, "O Allah's Apostle ! What is your opinion regarding a man who assumes the state of Ihram for `Umra wearing a cloak after applying perfume to his body?" `Umar signalled with his hand to Ya`la to come (near). Ya`la came and put his head (underneath that cloth sheet) and saw the Prophet red-faced and when that state (of the Prophet ) was over, he said, "Where is he who as already asked me about the `Umra?" The man was looked for and brought to the Prophet The Prophet said (to him), "As for the perfume you have applied to your body, wash it off your body) thrice, and take off your cloak, and then do in your `Umra the rites you do in your Hajj."

A man came to the Messenger of Allah (saws) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime a boat passed by them and they requested the crew of the boat to take them on board. The crew recognized Al-Khadir and took them on board without fare. Then a sparrow came and stood on the edge of the boat and dipped its beak once or twice in the sea. Al-Khadir said: "O Moses! My knowledge and your knowledge have not decreased Allah's knowledge except as much as this sparrow has decreased the water of the sea with its beak." Al- Khadir went to one of the planks of the boat and plucked it out. Moses said, "These people gave us a free lift but you have broken their boat and scuttled it so as to drown its people." Al-Khadir replied, "Didn't I tell you that you will not be able to remain patient with me." Moses said, "Call me not to account for what I forgot." The first (excuse) of Moses was that he had forgotten. Then they proceeded further and found a boy playing with other boys. Al-Khadir took hold of the boy's head from the top and plucked it out with his hands (i.e. killed him). Moses said, "Have you killed an innocent soul who has killed none." Al-Khadir replied, "Did I not tell you that you cannot remain patient with me?" Then they both proceeded till when they came to the people of a town, they asked them for food, but they refused to entertain them. Then they found there a wall on the point of collapsing. Al-Khadir repaired it with his own hands. Moses said, "If you had wished, surely you could have taken wages for it." Al-Khadir replied, "This is the parting between you and me." The Prophet added, "May Allah be Merciful to Moses! Would that he could have been more patient to learn more about his story with Al-Khadir. "

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

Malik said, "The generally agreed on way of doing things among us is that some one who buys some fruit, fresh or dry, should not resell it until he gets full possession of it. He should not barter things of the same type, except hand to hand. Whatever can be made into dry fruit to be stored and eaten, should not be bartered for its own kind, except hand to hand, like for like, when it is the same kind of fruit. In the case of two different kinds of fruit, there is no harm in bartering two of one kind for one of another, hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon, cucumber, melon, carrots, citron, medlars, pomegranates, and soon, which when dried no longer counts as fruit, and is not a thing which is stored up as is fruit, I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it, there is no harm in it."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

That once he was in the company of the Prophet carrying a water pot for his ablution and for cleaning his private parts. While he was following him carrying it (i.e. the pot), the Prophet said, "Who is this?" He said, "I am Abu Huraira." The Prophet said, "Bring me stones in order to clean my private parts, and do not bring any bones or animal dung." Abu Huraira went on narrating: So I brought some stones, carrying them in the corner of my robe till I put them by his side and went away. When he finished, I walked with him and asked, "What about the bone and the animal dung?" He said, "They are of the food of Jinns. The delegate of Jinns of (the city of) Nasibin came to me--and how nice those Jinns were--and asked me for the remains of the human food. I invoked Allah for them that they would never pass by a bone or animal dung but find food on them."

`Umar bin Al-Khattab said, "When Hafsa bint `Umar became a widow after the death of (her husband) Khunais bin Hudhafa As-Sahmi who had been one of the companions of the Prophet, and he died at Medina. I went to `Uthman bin `Affan and presented Hafsa (for marriage) to him. He said, "I will think it over.' I waited for a few days, then he met me and said, 'It seems that it is not possible for me to marry at present.' " `Umar further said, "I met Abu Bakr As-Siddique and said to him, 'If you wish, I will marry my daughter Hafsa to you." Abu Bakr kept quiet and did not say anything to me in reply. I became more angry with him than with `Uthman. I waited for a few days and then Allah's Apostle asked for her hand, and I gave her in marriage to him. Afterwards I met Abu Bakr who said, 'Perhaps you became angry with me when you presented Hafsa to me and I did not give you a reply?' I said, 'Yes.' Abu Bakr said, 'Nothing stopped me to respond to your offer except that I knew that Allah's Apostle had mentioned her, and I never wanted to let out the secret of Allah's Apostle. And if Allah's Apostle had refused her, I would have accepted her.' "

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

An Ansari woman who gave the pledge of allegiance to the Prophet that the Ansar drew lots concerning the dwelling of the Emigrants. `Uthman bin Maz'un was decided to dwell with them (i.e. Um Al-`Ala's family), `Uthman fell ill and I nursed him till he died, and we covered him with his clothes. Then the Prophet came to us and I (addressing the dead body) said, "O Abu As-Sa'ib, may Allah's Mercy be on you! I bear witness that Allah has honored you." On that the Prophet said, "How do you know that Allah has honored him?" I replied, "I do not know. May my father and my mother be sacrificed for you, O Allah's Apostle! But who else is worthy of it (if not `Uthman)?" He said, "As to him, by Allah, death has overtaken him, and I hope the best for him. By Allah, though I am the Apostle of Allah, yet I do not know what Allah will do to me," By Allah, I will never assert the piety of anyone after him. That made me sad, and when I slept I saw in a dream a flowing stream for `Uthman bin Maz'un. I went to Allah's Apostle and told him of it. He remarked, "That symbolizes his (good) deeds."

Abu Bakr bought a (camel's) saddle from `Azib, and I carried it for him. `Azib (i.e. my father) asked Abu Bakr regarding the journey of the migration of Allah's Apostle. Abu Bakr said, "Close observers were appointed by our enemies to watch us. So we went out at night and travelled throughout the night and the following day till it was noon, then we perceived a rock and went towards it, and there was some shade under it. I spread a cloak I had with me for Allah's Apostle and then the Prophet layed on it. I went out to guard him and all of a sudden I saw a shepherd coming with his sheep looking for the same, the shade of the rock as we did, I asked him, 'O boy, to whom do you belong?' He replied, 'I belong to so-and-so.' I asked him, 'Is there some milk in your sheep?' He replied in the affirmative. I asked him, 'Will you milk?' He replied in the affirmative. Then he got hold of one of his sheep. I said to him, 'Remove the dust from its udder.' Then he milked a little milk. I had a water-skin with me which was tied with a piece of cloth. I had prepared the water-skin for Allah's Apostle . So I poured some water over the milk (container) till its bottom became cold. Then I brought the milk to the Prophet and said, 'Drink, O Allah's Apostle.' Allah's Apostle drank till I became pleased. Then we departed and the pursuers were following us."

It is narrated on the authority of Anas that 'Itban b. Malik told him that he became blind. He sent a message to the Messenger of Allah (may peace be upon him) that he should come and mark a place of worship for him. Thereupon came the Messenger of Allah (may peace be upon him) and his people and then there was a discussion among them about a man who was known as Malik b. Dukhshum, and subsequently the narrator described the hadith of Sulaiman b. Mughira as stated above.

A time is certainly coming to mankind when people will bite each other and a rich man will hold fast, what he has in his possession (i.e. his property), though he was not commanded for that. Allah, Most High, said: "And do not forget liberality between yourselves." The men who are forced will contract sale while the Prophet (saws) forbade forced contract, one which involves some uncertainty, and the sale of fruit before it is ripe.

The Prophet (saws) said: When you hear....(Musa's version has): When a man says people have perished, he is the one who has suffered that fate most.

Abu Dawud said: Malik said: If he says that out of sadness for the decadence of religion which he sees among the people, I do not think there is any harm in that. If he says that out of self-conceit and servility of the people, it is an abominable act which has been prohibited.

The Prophet delivered a sermon the like of which I had never heard before. He said, "If you but knew what I know then you would have laughed little and wept much." On hearing that, the companions of the Prophet covered their faces and the sound of their weeping was heard. A man said, "Who is my father?" The Prophet said, "So-and-so." So this Verse was revealed: "Ask not about things which, if made plain to you, may cause you trouble." (5.101)

Yahya related to me from Malik that he saw Rabia ibn Abd ar- Rahman vomit several times when he was in the mosque and he did not leave, nor did he do wudu before he prayed.

Yahya said that Malik was asked whether a man who vomited food had to do wudu and he said, "He does not have to do wudu, but he should rinse the inside of his mouth and wash his mouth out."

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "A virgin has seven nights, and a woman who has been previously married has three nights."

Malik affirmed, "That is what is done among us."

Malik added, "If the man has another wife, he divides his time equally between them after the wedding nights. He does not count the wedding nights against the one he has just married."

The Prophet (saws) said, "No prayer is heavier upon the hypocrites than the Fajr and the `Isha' prayers and if they knew what is in them (in reward), they would have attended them, even if (it was) crawling. Certainly, I felt the urge to order the Mu'adh-dhin (call-maker) so that he would pronounce Iqama, then order a man to lead the people (in prayer), then take a flame of fire so that I burn (the houses) upon those who had not left for the prayer yet."

Ibn Umm Maktum asked the Prophet (saws) saying: Messenger of Allah, I am a blind man, my house is far away (from the mosque), and I have a guide who does not follow me. Is it possible that permission be granted to me for saying prayer in my house? He asked: Do you hear summons (adhan)? He said: Yes. He said: I do not find any permission for you.

The Messenger of Allah (saws) entered the mosque and saw a man who had finished his prayer, and was reciting the tashahhud saying: O Allah, I ask you, O Allah, the One, the eternally besought of all, He begetteth not, nor was He begotten, and there is none comparable unto Him, that you may forgive me my sins, you are Most Forgiving, Merciful.

He (the Prophet) said: He was forgiven (repeating three times.)

The Prophet heard a man (reciting Qur'an) in the Mosque, and he said, "May Allah bestow His Mercy upon him. No doubt, he made me remember such-and such Verses of such-and-such Sura which I dropped (from my memory). Narrated Aisha: The Prophet performed the Tahajjud prayer in my house, and then he heard the voice of `Abbad who was praying in the Mosque, and said, "O `Aisha! Is this `Abbad's voice?" I said, "Yes." He said, "O Allah! Be merciful to `Abbad!"

The Prophet said, "Who will go and see what has happened to Abu Jahl?" Ibn Mas`ud went and found that the two sons of 'Afra had struck him fatally (and he was in his last breaths). `Abdullah bin Mas`ud said, "Are you Abu Jahl?" And took him by the beard. Abu Jahl said, "Can there be a man superior to one you have killed or one whom his own folk have killed?"

A man got up at night and recited the Qur'an in a loud voice. When the dawn came, the Messenger of Allah (saws) said: May Allah have mercy on so-and-so who reminded me many verses that I had nearly forgotten.

Abu Dawud said: Harun al-Nahwi transmitted from Hammad b. Salamah the Quranic verse of Surah Al-'Imran: "How many of the prophet fought (in Allah's way)" (3:146)

The Prophet (saws) gave the children of Ja'far three day' time to visit them. He then came to visit them, and said: Do not weep over my brother after this day. He said: Call to me the children of my brother. We were brought to him as if we were chicken. He said: Call a barber to me. He then ordered and our heads were shaved.

The properties of Bam An-Nadir were among the booty that Allah gave to His Apostle such Booty were not obtained by any expedition on the part of Muslims, neither with cavalry, nor with camelry. So those properties were for Allah's Apostle only, and he used to provide thereof the yearly expenditure for his wives, and dedicate the rest of its revenues for purchasing arms and horses as war material to be used in Allah's Cause.

Allah's Apostle said, "Someone came to me from my Lord and gave me the news (or good tidings) that if any of my followers dies worshipping none (in any way) along with Allah, he will enter Paradise." I asked, "Even if he committed illegal sexual intercourse (adultery) and theft?" He replied, "Even if he committed illegal sexual intercourse (adultery) and theft."

Alqamah and al-Aswad sought permission from Abdullah (ibn Mas'ud) for admission, and we remained sitting at his door for a long time. A slave-girl came out and gave them permission (to enter). He (Ibn Mas'ud) then got up and prayed (standing) between me (al-Aswad) and him (Alqamah). He then said: I witnessed the Messenger of Allah (saws) doing similarly.

The Messenger of Allah (saws) led us in prayer praying two rak'ahs. When he stood up and did not sit (at the end of two rak'ahs) the people stood up along with him. When he finished the prayer and we expect him to give the salutation, he said: "Allah is most great." While sitting and made two prostrations before giving the salutation. Then he gave it.

Whenever Allah's Apostle wanted to go on a journey, he would draw lots as to which of his wives would accompany him. He would take her whose name came out. He used to fix for each of them a day and a night. But Sauda bint Zam`a gave up her (turn) day and night to `Aisha, the wife of the Prophet in order to seek the pleasure of Allah's Apostle (by that action).

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.

The tradition mentioned above has been transmitted by Sulaiman bin Yasar. This version has “Then some dates were brought to the Apostle of Allaah(saws) and he gave it him. They measured about fifteen sa’s “. He said “Give them in alms”. He said “Is there anyone needier than I and my family. Apostle of Allaah(saws)?” The Apostle of Allaah(saws) said “Eat them, you and your family.”

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

There was a relation of love and brotherhood between this tribe of Jarm and Al-Ash`ariyin. Once we were with Abu Musa Al-Ash`ari, and then a meal containing chicken was brought to Abu Musa, and there was present, a man from the tribe of Taimillah who was of red complexion as if he were from non-Arab freed slaves. Abu Musa invited him to the meal. He said, "I have seen chickens eating dirty things, so I deemed it filthy and took an oath that I would never eat chicken." On that, Abu Musa said, "Get up, I will narrate to you about that. Once a group of the Ash`ariyin and I went to Allah's Apostle and asked him to provide us with mounts; he said, 'By Allah, I will never give you any mounts nor do I have anything to mount you on.' Then a few camels of war booty were brought to Allah's Apostle , and he asked about us, saying, 'Where are the Ash-'ariyin?' He then ordered five nice camels to be given to us, and when we had departed, we said, 'What have we done? Allah's Apostle had taken the oath not to give us any mounts, and that he had nothing to mount us on, and later he gave us that we might ride? Did we take advantage of the fact that Allah's Apostle had forgotten his oath? By Allah, we will never succeed.' So we went back to him and said to him, 'We came to you to give us mounts, and you took an oath that you would not give us any mounts and that you had nothing to mount us on.' On that he said, 'I did not provide you with mounts, but Allah did. By Allah, if I take an oath to do something, and then find something else better than it, I do that which is better and make expiation for the dissolution of the oath.' "