'Urwa b. az-Zubair told that Arwa daughter of Aus brought a dispute with Sa'id b. Zaid b. `Amr b. Nufail before Marwan b. al-Hakam claiming he had taken some of her land. Sa'id said, "Would I take any of her land after what I heard from God's messenger?" He was asked what he had heard from God's messenger and replied that he had heard him say, "If anyone takes a span of land wrongfully it will be tied round him like a necklace to a depth of seven earths." Marwan said he would ask him for no proof after that, and Sa'id said, "0 God, if she is lying make her blind and kill her in her land." Urwa said she did not die till after she had lost her eyesight. And while she was walking on her land she fell into a hole and died. (Bukhari and Muslim.) Something to the same effect is given in a version by Muslim on the authority of Muhammad b. Zaid b. `Abdallah b. `Umar who said he had seen her blind, feeling for walls, and saying she had been smitten by Sa'id's curse; and that she had come past a well in the region about which she had disputed with him and fallen into it, and it was her grave. Muslim

“Allah’s Messenger (Allah bless him and give him peace) lost consciousness in his illness, then he regained consciousness and said: ‘Has the ritual prayer arrived?’ They said: ‘Yes,’ so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer.’ Then he lost consciousness, and when he recovered, he said: ‘Has the ritual prayer arrived?’ They said: ‘Yes,’ so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer.’ 'A'isha then said: ‘My father is a melancholy man. If he is given that responsibility, he will weep and lose command of himself. SO if only you would appoint someone else!' He [Salim] said: “Then he lost consciousness and recovered, so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer, for you are the female companions of Yusuf!’ Bilal was therefore commanded, so he gave the call to prayer, and Abu Bakr was commanded, so he led the people in prayer. Then Allah’s Messenger (Allah bless him and give him peace) felt light in the head, so he said: ‘Find me someone I can lean on!’ Barira and another man therefore came to him, so he leaned on them. When Abu Bakr saw him, the man was about to withdraw, but he signaled for him to stay in his place until Abu Bakr completed his ritual prayer. Then Allah’s Messenger died (Allah bless him and give him peace), so 'Umar said: ‘If I hear anyone mention that Allah’s Messenger (Allah bless him and give him peace) has died, I will strike him with this sword of mine!”’ He [Salim] said: “The people were unlettered folk among whom there had never come a prophet before, so they held their tongues. But then they said: ‘O Salim, go to the Companion of Allah’s Messenger (Allah bless him and give him peace) and summon him.’ So I went to see Abu Bakr, in the mosque. I came to him weeping and perplexed, so when he saw me, he said: ‘Has Allah’s Messenger died (Allah bless him and give him peace)?’ I replied: 'Umar says: “If anyone mentions that Allah’s Messenger (Allah bless him and give him peace) has died, I will strike him with this sword of mine!” He then said to me: ‘Go outside,’ so I went outside with him. Then he came and found the people in the presence of Allah’s Messenger (Allah bless him and give him peace). “He therefore said: ‘O people, get out of my way,’ so they got out of his way. Then he leaned over him and touched him, saying: “You will surely die, and they will surely die." [inna-ka mayyitun wa inna-hum mayyitun].” (Al-Qur'an.39:3O). Then they said: ‘O Companion of Allah’s Messenger (Allah bless him and give him peace), should the funeral prayer be performed for Allah’s Messenger?’ When he said: ‘Yes,’ they asked: And how?’ He said: A group will enter, proclaim the Supreme Greatness of Allah, perform the ritual prayer and offer supplication. Then they will go out, so that other people may enter.’ They said: ‘O Companion of Allah’s Messenger (Allah bless him and give him peace), should Allah’s Messenger (Allah bless him and give him peace) be buried?’ When he said: ‘Yes,’ they asked: ‘Where?’ He said: ‘In the place in which Allah took his spirit, for Allah would not take his spirit in a place that was not good,’ and they knew that he had spoken the truth.’ Then he gave instructions for the sons of his father to bathe him, and the Emigrants [al-Muhajirun] assembled, consulting with one another. They said: ‘Take us to our brethren among the Helpers [al-Ansar], so that we may include them with us in this business.' The Helpers then said: ‘There should be a commander among us and a commander among you,’ so 'Umar ibn al-Khattab said: ‘Who has the like of these three [excellent merits of Abu Bakr]? [In the words of the Qur’an]: “The second of the two; when the two of them were in the cave, when he said to his companion: ‘Do not grieve. Allah is with us [thaniya’thnaini idh huma fi’l-ghari idh yaqulu li-sahibi-hi la tahzan inna’llaha ma'a-na].’” (Al-Qur'an.9:4O). Who are the two of them?’ Then he extended his hand, so they pledged allegiance to him, and the people paid him a beautiful homage.”

“Allah’s Messenger (Allah bless him and give him peace) told me: ‘Recite the Qur’an to me,’ so I said: ‘O Messenger of Allah, shall I recite the Qur’an to you when it was to you that it was revealed?’ He said: ‘I like to hear it from someone other than myself,’ so I recited the Sura of the Women [Surat an-Nisa’] until the place that reads: And We bring you as a witness against these [wa ji'na bi-ka 'ala ha'ula'i shahida]' (Al-Qur'an; 4:41). Then I saw the eyes of Allah’s Messenger bathed in tears.”

Allāhumma bā'id baynī wa bayna khatāyāya kamā bāa'adta bayn al-mashriqi wal-maghribi, Allāhumma naqqinī min khatāyāya kamā yunaqqa 'th-thawbu 'l-'abyaḍu min ad-danasi, Allāhumma 'ghsilnī min khatāyāya, bi 'th-thalji wal-mā'i wal-barad. O Allah, separate me from my sins as You have separated the East from the West. O Allah, cleanse me of my transgressions as the white garment is cleansed of stains. O Allah, wash away my sins with ice and water and frost. Reference: Al-Bukhari 1/181, Muslim 1/419.

"O Abdullah bin Qais, should I not point you to one of the treasures of Paradise?" I said, "Yes, O Messenger of Allah." So he told me to say: Lā ḥawla wa lā quwwata 'illā billāh. Allah's Messenger (SAW) said: "O Abdullah bin Qais, should I not point you to one of the treasures of Paradise?" I said, "Yes, O Messenger of Allah." So he told me to say: There is no power and no might except by Allah. Reference: Al-Bukhari, cf. Al-Asqalani, Fathul-Bari 11/213, Muslim 4/2076.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

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

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Khalid al-'Absi said, "A son of mine died and I felt intense grief over his loss. I said, 'Abu Hurayra, have you heard anything from the Prophet, may Allah bless him and grant him peace, to cheer us regarding our dead?' He replied, 'I heard the Prophet, may Allah bless him and grant him peace, say, "Your children are roaming freely in the Garden."'"

There was amongst those before you a man who had a wound. He was in [such] anguish that he took a knife and made with it a cut in his hand, and the blood did not cease to flow till he died. Allah the Almighty said: My servant has himself forestalled Me; I have forbidden him Paradise. It was related by al-Bukhari.

Allāhumma rabba hādhihi 'd-da'wati 't-tāmmah waṣ-ṣalāti 'l-qā'imah, 'āti Muhammadani 'l-wasīlata walfaḍīlata, wab 'ath-hu maqāma 'm-mahmūdani 'l-ladhī wa`adtahu, ['innaka lā tukhliful-mī'ād] O Allah , Lord of this perfect call and established prayer. Grant Muhammad the intercession and favor, and raise him to the honored station You have promised him, [verily You do not neglect promises]. Reference: Al-Bukhari 1/152, and the addition between brackets is from Al-Bayhaqi 1/410 with a good (Hasan) chain of narration. See 'Abdul-Azlz bin Baz's Tuhfatul-'Akhyar, pg. 38.

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

"When Allah’s Messenger died (Allah bless him and give him peace), they disagreed over where to bury him, so Abu Bakr said: “I heard Allah’s Messenger (Allah bless him and give him peace) say something I have never forgotten. He said: ‘Never has Allah taken a Prophet [from this world], but in the place where he would want to be buried.’ So bury him in the spot where his pallet is!'”

That there was a solar eclipse in the time of Allah's Messenger (SAW) on the day his son Ibrahim died. The people said, "The eclipse of the sun has happened due to the death of Ibrahim." Allah's Messenger (SAW) said, "The sun and the moon are two of Allah's signs; they are not eclipsed due to the death or the life of anyone. So when you see them (the eclipse of the moon or sun) supplicate to Allah and offer prayers until the eclipse is over." [Agreed upon].

Al-Miqdam ibn Ma'dikarib and a man of Banu Asad from the people of Qinnisrin went to Mu'awiyah ibn AbuSufyan.

Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."

A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?

The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.

He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?

He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.

Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.

Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.

Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them."

Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money."

Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. "

He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him."

Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims.

"I have not seen anyone closer in conduct, way, and manners to that of the Messenger of Allah in regards to standing and sitting, than Fatimah the daughter of the Messenger of Allah (SAW)." She said "Whenever she would enter upon the Prophet (SAW) he would stand to her and kiss her, and he would sit her in his sitting place. Whenever the Prophet (SAW) entered upon her she would stand from her seat, and kiss him and sit him in her sitting place. So when the Prophet (SAW) fell sick and Fatimah entered, she bent over and kissed him. Then she lifted her head and cried, then she bent over him and she lifted her head and laughed. So I said: 'I used to think that this one was from the most intelligent of our women, but she is really just one of the women.' So when the Prophet (SAW) died, I said to her: 'Do you remember when you bent over the Prophet (SAW) and you lifted your head and cried, then you bent over him, then you lifted your head and laughed. What caused you to do that?' She said: 'Then, I would be the one who spreads the secrets. He (SAW) told me that he was to die from his illness, so I cried. Then he told me that I would be the quickest of his family to meet up with him. So that is when I laughed.'"

"We were with the Prophet (SAW) on a journey when some of his Companions fell behind. So the Messenger of Allah (SAW) raised his voice reciting these two Ayat: "O mankind! Have Taqwa of your Lord! Verily the earthquake of the hour is a terrible thing..." up to His saying: but Allah's torment is severe (21:1 & 2)." When his Companions heard that, they hastened to catch up with him, since they knew that he had something to say. He (SAW) said: 'Do you know what Day this is? That is the Day when Adam will be called. His Lord will call him and say: O Adam, send forth those who are to be sent to the Fire. He will say: O Lord! How many are to be sent to the Fire? He will say: From every one-thousand there are nine-hundred and ninety-nine for the Fire and one for Paradise. So the people despaired as if they would not smile again. When the Messenger of Allah (SAW) saw the state of his Companions, he said: 'Strive hard and receive the good news. By the One in Whose Hand is the soul of Muhammad, you will be counted with two creations who are immense in numbers; Ya'juj and Ma'juj, and those who have died among the progeny of Adam and the progeny of Iblis.'" He said: "So some of the people's grief went away, and he (SAW) said: 'Strive hard and receive the good news. By the One in Whose Hand is the soul of Muhammad! Among mankind, you are but like the mole on the flank of a camel, or a mark on the foreleg of a beast.'"

I begged Messenger of Allah (PBUH) and he gave me; I begged him again and he gave me. I begged him again and he gave me and said, "O Hakim, wealth is pleasant and sweet. He who acquires it with self-contentment, it becomes a source of blessing for him; but it is not blessed for him who seeks it out of greed. He is like one who goes on eating but his hunger is not satisfied. The upper hand is better than the lower one." I said to him, "O Messenger of Allah, by Him Who sent you with the Truth I will not, after you, ask anyone for anything till I leave this world." So Abu Bakr (May Allah be pleased with him) would summon Hakim (May Allah be pleased with him) to give his rations, but he would refuse. Then 'Umar (May Allah be pleased with him) would call him but he would decline to accept anything. So 'Umar (May Allah be pleased with him) said addressing Muslims: "O Muslims, I ask you to bear testimony that I offer Hakim his share of the booty that Allah has assigned for him but he refuses my offer." Thus Hakim did not accept anything from anyone after the death of Messenger of Allah (PBUH), till he died.

[Al-Bukhari and Muslim].

The Messenger of Allah (ﷺ) said: “Our (Prophets') property is not to be inherited and whatever we leave behind is charity.` Fatimah got angry and kept away from Abu Bakr and she continued to do so until she died. Fatimah lived for six months after the Messenger of Allah (ﷺ), and she used to ask Abu Bakr for her share of that which the Messenger of Allah (ﷺ) had left behind of Khaibar and Fadak, and his charitable endowments in Madinah, but Abu Bakr refused to give her that. He said: I will not stop doing something that the Messenger of Allah (ﷺ) used to do; rather I will continue to do it. I am afraid that if I give up something that he did, I will go astray. As for his charitable endowment in Madinah, 'Umar gave it to 'Ali and 'Abbas, but ‘Ali took most of it. As for Khaibar and Fadak, 'Umar kept them and said: They are the charitable endowment of the Messenger of Allah (ﷺ) and were spent on his responsibilities and on emergencies. They were to be cared for by whoever became caliph, and this remains the case until today.

Hafsah bint 'Umar became the widow of Khunais or Hudhaifah bin Hudhafah - 'Abdur-Razzaq was not certain. He was one of the Companions of the Prophet (ﷺ) who were present at Badr, and he died in Madinah, I met 'Uthman bin `Affan and offered I Hafsah to him in marriage, I said: If you wish, I will marry Hafsah to you. He said: I will think about it. A few days passed, then he met me and said: I do not want to get married at present. 'Umar said: Then I met Abu Bakr and I said: If you wish, I will marry Hafsah the daughter of ‘Umar to you. He did not give any response to me, and I was more upset with him than with 'Uthman. A few days passed, then the Messenger of Allah (ﷺ) proposed marriage to her and he gave her in marriage to him. Abu Bakr met me and said: Perhaps you felt upset with me when you offered Hafsah to me in marriage and I did not give you any response? I said: Yes. He said: Nothing prevented me from giving you an answer when you offered her to me in marriage except that I heard the Messenger of Allah (ﷺ) mention her and I did not want to disclose the private matters of the Messenger of Allah (ﷺ). If he had not married her, I would have married her.

He reported God’s messenger as saying, “When a believer’s death is near the angels of mercy bring a piece of white silk and say, ‘Come out pleased and accepted to God’s rest and provision and to a Lord who is not angry.’ Then the soul comes out with a fragrance like that of the sweetest musk, they pass him from one to another till they bring him to the gates of heaven, and say, ‘How sweet is this fragrance which has come to you from the earth.’ Then they bring him to the souls of the believers, and they are happier over seeing him than any of you are when one who has been away from home comes back. They ask him, ‘How is so and so? How is so and so?’ Then they say, ‘Leave him alone just now, for he has just come from the grief of the world. He replies, ‘He has died. Has he not come to you?' and they say, ‘He has been taken to his destination, the pit.'(Cf. Qur’an, ci, 9) When an infidel's death is near the angels of punishment bring him hair-cloth and say, ‘Come out, displeased and subject to displeasure, to the punishment from God who is great and glorious.' The soul comes out with a stench like the most unpleasant stench of a corpse, they take him to the gate of the earth (The meaning is probably the gate to the lowest heaven) and say, ‘How offensive is this odour !’ They finally bring him to the souls of the infidels." Ahmad and Nasa’i transmitted it.

Al-Harith b. Suwaid said that ‘Abdallah b. Mas'ud told him two traditions, one of them from God’s messenger and the other from him­ self. He said, “The believer sees in his sins as though he were sitting under a mountain which he fears may fall on him, but the profligate sees his sins like a fly which has passed over his nose and which he has brushed away with his hand.” Then he said that he heard God’s mes­ senger say, “God rejoices more over the repentance of a believer than a man who goes down to a desert and dangerous district with his riding- beast which carries his food and drink, who lays down his head and sleeps for a time, then awakening and finding that his riding-beast has gone, looks for it, and when distressed by heat and thirst or what God wills, says he will return to the place where he was and sleep till he dies, lays his head on his arm to die, then awakens and sees his riding-beast beside him with his food and drink on it. God rejoices more intensely over the repentance of a believing servant than this man does over his riding-beast and his provisions.” Muslim transmitted only the tradition which is traced back to God’s messenger from him, but Bukhari transmitted also the one which goes no farther back than Ibn Mas'ud.

“I heard him when he was among ten of the Companions of the Messenger of Allah (saw), one of whom was Abu Qatadah bin Rib`i, saying: ‘I am the most knowledgeable of you about the prayer of the Messenger of Allah (saw). When he stood up for prayer, he stood up straight and raised his hands until they were parallel to his shoulders, then he said: Allahu Akbar. When he wanted to bow in Ruku`, he raised his hands until they were parallel to his shoulders. When he said Sami` Allahu liman hamidah (Allah hears those who praise Him), he raised his hands and stood up straight. When he stood up after two Rak`ah, he said Allahu Akbar and raised his hands until they were parallel to his shoulders, as he did when he started the prayer.’”

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.

Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.

Ibn ’Abbas (RAA) narrated, ‘A woman from the tribe of Juhainah came to the Prophet (P.B.U.H.) and said, ‘My mother had vowed to perform Hajj, but she died before fulfilling her vow. Should I perform Hajj on her behalf? The Prophet (P.B.U.H.) said, "Yes perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? So, pay off her debt to Allah, for He is most deserving of settlement of His debt." Related by Al-Bukhari.

When you meet him, you should salute him; when he invites you, accept his invitation; when he asks for your advice, give it to him; when he sneezes and praises Allah, say May Allah have mercy on you; when he is ill, visit him; and when he dies follow his funeral.” Related by Muslim.

Anas (RAA) narrated, ‘The first time cupping was dis-liked for the one who is fasting was when Ja’far bin Abi Talib had himself cupped while fasting and the Messenger of Allah (P.B.U.H.) came across him and said, "Those two have broken their fast (meaning Ja'far and the man who was cupping him.)" But later on the Prophet allowed cupping for the one who is fasting. Anas used to have himself cupped while he was fasting. Related by Ad-Daraqutni, who regarded it as a strong hadith.

Allah's Messenger (SAW) said, "A woman must not observe her mourning for more than three nights for the one who has died, except for the four months and ten days in the case of her husband; and she must not wear a dyed garment except one of the type made of 'Ash (dyed yarn) or apply Kuhl (antimony), or apply perfume, except for a little Qust or Azfar, when she has been purified after her menstruation." [Agreed upon. The wording being of Muslim].

Lā ilāha illallāhu waḥdahu lā sharīka lah, lahu ‘l-mulku walahu ‘l-ḥamd, wa huwa `alā kulli shay'in qadīr. None has the right to be worshipped but Allah alone, Who has no partner. His is the dominion and His is the praise and He is Able to do all things. (Recite 100 times in Arabic upon rising in the morning). Reference: Whoever recites this one hundred times a day will have the reward of freeing ten slaves. One hundred Hasanaat (rewards) will be written for him and one hundred misdeeds will be washed away. He will be shielded from Satan until the evening. No one will be able to present anything better than this except for someone who has recited more than this. Al-Bukhari 4/95, Muslim 4/2071.

Whoever says: Astaghfirullāha ‘l-'Aẓīm alladhi lā ilāha illā huwa ‘l-ḥayyul-Qayyūm wa atūbu ilayh. Allah's Messenger (SAW) said: Whoever says: I seek the forgiveness of Allah the Mighty, Whom there is none worthy of worship except Him, the Living, the Eternal, and I repent to Him, Allah will forgive him even if he has deserted the army's ranks. Reference: Abu Dawud 2/85, At-Tirmidhi 5/569, and Al-Hakim who declared it authentic and Ath-Thahabi agreed with him 1/511. Al-Albani graded it authentic in Sahih At-Tirmidhi 3/182. See also Jami'ul-'Usool li-'Ahdaith Ar-Rasool 4/ 389-90 checked by Al-Arna'ut.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

from Ibn 'Abbas that the Messenger of Allah (SAW) said: "During the night, my Lord, Blessed is He, and Most High, came to me in the best of appearances." He (one of the narrators) said - I think he said it was during a dream - "So he said: 'O Muhammad! Do you know in what the most exalted group busy themselves with?'" He said: "I said: 'No.'" He said: "So He placed His Hand between my shoulders, until I sensed its coolness between my breast." - or he said: "on my throat, so I knew what was in the heavens, and what was in the earth. He said: 'O Muhammad! Do you know in what the most exalted group busy themselves with?' I said: 'Yes, in the acts that atone: and the acts that atone are; lingering in the Masjid after the Salat, walking on the feet to the congregation, Isbagh Al-Wudu, in difficulty, and whoever does that, he lives in goodness and dies upon goodness, and his wrongs shall be like that of the day his mother bore him.' He said: 'O Muhammad! When you have performed Salat then say: 'O Allah! Indeed I ask of You, the doing of good deeds, avoiding the evil deeds, and loving the poor. And when you have willed Fitnah for your slave, then take me to You, without making me suffer from Fitnah.'" He [the Prophet (SAW)] said: "And the acts that raise ranks are spreading the Salam, feeding others, and Salat during the night, while the people are sleeping."

While I was sitting ‘Umar passed me and gave me a salutation, but I did not notice it. ‘Umar complained to Abu Bakr, and the two of them came forward and gave me a salutation; then Abu Bakr asked, “What induced you to refrain from returning the salutation of your brother ‘Umar?” I replied, “I did no such thing.” ‘Umar retorted, “Yes, I swear by God, you did.” I said, “I swear by God that I did not notice you passing me or giving me a salutation.” Abu Bakr then said, “‘Uthman is speaking the truth. Something must have distracted you.” On my replying that it had, he asked me what it was, and I said, “God has taken His Prophet before we asked him wherein this affair provides salvation.” Abu Bakr said that he had asked him about that, so I rose and went to him and said to him, “You for whom I would give my father and mother as ransom are most worthy of it.” Abu Bakr then told me that he had asked, “Messenger of God, wherein does this affair provide salvation?” to which God’s messenger replied, “If anyone accepts from me the confession which I proposed to my paternal uncle¹ and he rejected, it will be salvation for him.” Ahmad transmitted it. ¹ Abu Talib, the uncle who gave protection in Makkah, but did not accept his religion.

When I stood in the rank at the battle of Badr I looked to my right and my left, and when I saw that I was between two young men of the Ansar I wished that I had been between men who were stronger than they. One of them pinched me and said, "Do you know Abu Jahl, uncle?" and I replied, "Yes, but what do you want with him, nephew?” He said, “I have been told that he reviles God's Messenger. By Him in whose hand my soul is, if I see him I shall not leave him till the one of us who is to die first dies.” I was astonished at that, and then the other pinched me and said the same to me. Before long I saw Abu Jahl going round among the people and I said, “Look, this is the man about whom you were asking.” They then hastened to him with their swords and struck him till they killed him, after which they went to God’s Messenger and informed him. He asked which of them had killed him and they both claimed to have done so. He then asked if they had wiped their swords, and when they replied that they had not he looked at the swords and said, “Both of you killed him.” God’s Messenger then decided that what was taken from him should go to Mu'adh b. ‘Amr b. al-Jamuh. The two men were Mu'adh b. ‘Amr b. al-Jamah and Mu'adh b. ‘Afra’.* *’Afra’ was his mother. His father was al-Harith. (Bukhari and Muslim.)

“The Messenger of Allah (saw) slept near me one day, then he woke up smiling. I said: ‘O Messenger of Allah, what has made you smile?’ He said: ‘People of my nation who were shown to me (in my dream) riding across this sea like kings on thrones.’ I said: ‘Supplicate to Allah to make me one of them.’” So he prayed for her. Then he slept again, and did likewise, and she said the same as she said before, and he replied in the same manner. She said: “Pray to Allah to make me one of them,” and he said: “You will be one of the first ones.” He said: “Then she went out with her husband, ‘Ubadah bin Samit, as a fighter, the first time that the Muslims crossed the sea with Mu’awiyah bin Abu Sufyan. On their way back, after they had finished fighting, they stopped in Sham. An animal was brought near for her to ride it, but it threw her off, and she died.”

* “What type of woven sheet?” He said: “A Shamlah.” She said: “O Messenger of Allah, I have woven this with my own hands for you to wear.” The Messenger of Allah (saw) took it, since he needed it. He came out to us wearing it as a lower wrap. So-and-so the son of so-and-so.” – a man whose name he told that day – said: “O Messenger of Allah, how beautiful this sheet is! Let me wear it.” He said: “Yes.” When he went inside he folded it up and sent it to him. The people said to him: “By Allah, you have not done well. The Prophet (saw) wore it because he needed it, then you asked for it, and you knew that he would not refuse anyone who asked him for something.” He said: “By Allah, I did not ask for it so that I could wear it, rather I asked for it so that it could be my shroud.” Sahl said: “And it became his shroud the day he died.”

"The last occasion when I caught sight of Allah’s Messenger (Allah bless him and give him peace) was the unveiling of the curtain on a Monday. I looked at his face as if it were a parchment of the Qur’an, as the people were performing the ritual prayer behind Abu Bakr. The people were about to get restless, so he gestured to them to keep calm, as Abu Bakr led them in prayer, and he cast the curtain aside. Allah’s Messenger (Allah bless him and give him peace) died at the end of that day.”

"The Prophet, may Allah bless him and grant him peace, said, 'If I will, I will prohibit my community, if Allah so wills, from any of them taking the name Baraka (blessing), Nafi' (Helper) or Aflah (Most Successful),' and I do not know if he said, Rafi' (one who elevates) or not. Someone asks, 'Is Baraka (blessing) here?' and is told, 'He (or it) is not here.' The Prophet, may Allah bless him and grant him peace, died because he could forbid that (using those names)."

Abu Hurayra reported that the Messenger of Allah, may Allah bless him and grant him peace, said, "A Muslim owes another Muslim six duties." He was asked, "And what are they, Messenger of Allah?" He said, "To greet him when he meets him, to accept when he gives him an invitation, to give him good counsel when he asks for advice, to wish mercy on him when he sneezes and says, 'Praise be to Allah,' to visit him when he is ill, and to join the funeral procession when he dies."

I put Sabir (a type of medicine) on my eyes after Abu Salamah (RA) had died. So Allah's Messenger (SAW) said, "It gives the face a glow, so apply it only at night and remove it in the day time, and do not comb (your hair) with scent or henna, for it is a dye." I asked, "What should I use when combing (my hair)?" He replied, "You should use lote-tree leaves." [Reported by Abu Dawud and an-Nasa'i: its chain of narrators is Hasan (good)].

"If anyone sells some goods (on credit) and the one who buys them becomes bankrupt, and the seller does not recover any of the price of his goods, and he then finds his very goods (with him), he is more entitled to them (than anyone else). However, if the buyer dies, the owner of the goods finds his actual goods he has most right to them."

A man came to the Prophet (SAW) and said, "My son's son (grandson) has died, so what do I receive from his estate (inheritance)?" He replied, "You receive a sixth;" then when he turned away he called him and said, "You receive another sixth;" and when he turned away he called him and said, "The other sixth is an allowance (beyond what is due)." [Reported by Ahmad and al-Arba'a. at-Tirmidhi graded it Sahih (authentic)].

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

“The Messenger of Allah (saw) performed the eclipse prayer. He stood for a long time, then he bowed for a long time, then he stood up for a long time, then he bowed for a long time, then he stood up, then he prostrated for a long time, then he sat up, then he prostrated for a long time. He stood for a long time, then he bowed for a long time, then he stood up for a long time, then he bowed for a long time, then he stood up, then he prostrated for a long time, then he sat up, then he prostrated for a long time. Then he finished and said: ‘Paradise was brought close to me, so that if I had dared, I could have brought you some of its fruits. And Hell was brought near to me, until I said: “O Lord, am I one of them?” Nafi’ said: “I think that he said: ‘And I saw a woman being scratched by a cat that belonged to her. I said: “What is wrong with this woman?” They said: “She detained it until it died of hunger; she did not feed it and she did not let it loose to eat of the vermin of the earth.”

Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."

Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."

He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."

Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."

Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.

"I arrived in Makkah and met 'Ata bin Abi Rabah. I said to him: 'O Abu Muhammad! The people of Al-Basrah speak about Al-Qadar.' He said: 'O my son! Do you recite the Quran?' I said: 'Yes.' He said: 'Then recite Az-Zukhruf to me.'" He said: 'So I recited: Ha Mim. By the manifest Book. Verily, We have made it a Qur'an in Arabic that you may be able to understand. And verily, it is in the Mother of Book with Us, indeed exalted, full of wisdom. Then he said: 'Do you know what Mother of Books is?' I said: 'Allah and His Messenger know better.' He said:'It is a book that Allah wrote before He created the Heavens, and before He created the earth. In it, it is (written): Fir'awn is among the inhabitants of the Fire, and in it is: Perish the two hands of Abu Lahab, and perish he!'Ata said: 'I met Al-Walid the son of 'Ubadah bin As-Samit the Companion of the Messenger of Allah (s.a.w) and asked him:'What was your father's admonition when he died?" He said:"He called me and said: 'O my son ! Have Taqwa of Allah, and know that you will never have Taqwa of Allah until you believe in Allah, and you believe in Al-Qadar- all of it-its good and its bad. If you die upon other than this you shall enter the Fire. Indeed I heard the Messenger of Allah (s.a.w) saying: "Verily the first of what Allah created was the Pen. So He said: 'Write.' It said : 'What shall I write?' He said : 'Write Al-Qadar, what it is , and what shall be, until the end.'"

Messenger of Allah (PBUH) visited me in my illness which became severe in the year of Hajjat-ul-Wada' (Farewell Pilgrimage). I said, "O Messenger of Allah, you can see the pain which I am suffering and I am a man of means and there is none to inherit from me except one daughter. Should I give two-thirds of my property in charity?" He (PBUH) said, "No". I asked him, "Then half?" He said, "No". Then I asked, "Can I give away one-third". He said, "Give away one-third, and that is still too much. It is better to leave your heirs well-off than to leave them poor, begging people. You will not expend a thing in charity for the sake of Allah, but you will be rewarded for it; even the morsel of food which you feed your wife". I said, "O Messenger of Allah, would I survive my companions?" He said, "If you survive others and accomplish a thing for the sake of Allah, you would gain higher ranking and standing. You will survive them ... your survival will be beneficial to people (the Muslim) and harmful to others (the enemies of Islam). You will survive others till the people will derive benefit from you, and others would be harmed by you." Messenger of Allah (PBUH) further said, "O Allah, complete for my Companions their emigration and do not cause them to retract." Sa'd bin Khaulah was unfortunate. Messenger of Allah (PBUH) lamented his death as he died in Makkah.

[Al-Bukhari and Muslim].