The Prophet said, "Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)".

The tradition, (of the Prophet) is that if someone marries a virgin and he has already a matron wife (with him), then he should stay with the virgin for seven days; and if someone marries a matron (and he has already a virgin wife with him) then he should stay with her for three days.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "The sacrifice can be done up to two days after the Day of Sacrifice."

Yahya related to me from Malik that he had heard the same from Ali ibn Abi Talib.

Salama bin Al-Akwa` said, "I fought in seven Ghazwat along with the Prophet." He then mentioned Khaibar, Al-Hudaibiya, the day (i.e. battle) of Hunain and the day of Al-Qurad. I forgot the names of the other Ghazwat.

Malik said, "I have heard people of knowledge saying that the kaffara specified by the Messenger of Allah, may Allah bless him and grant him peace, for a man who has intercourse with his wife during the day in Ramadan is not due from someone who, on a day when he is making up the fast of Ramadan, breaks his fast by having intercourse with his wife, or whatever. He only has to make up for that day."

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

We set out in the company of Allah's Apostle five days before the end of Dhul Qa'da intending to perform Hajj only. When we approached Mecca Allah's Apostle ordered those who did not have the Hadi (i.e. an animal for sacrifice) with them, to perform the Tawaf around the Ka`ba, and between Safa and Marwa and then finish their Ihram. Beef was brought to us on the day of (i.e. the days of slaughtering) and I asked, "What is this?" Somebody said, Allah's Apostle has slaughtered (a cow) on behalf of his wives."

Abu Bakr, on the day of Nahr (i.e. slaughtering of animals for sacrifice), sent me in the company of others to make this announcement: "After this year, no pagan will be allowed to perform the Hajj, and none will be allowed to perform the Tawaf of the Ka`ba undressed." And the day of Al-Hajj-ul-Akbar is the day of Nahr, and it called Al-Akbar because the people call the `Umra Al-Hajj-ul-Asghar (i.e. the minor Hajj). Abu Bakr threw back the pagans' covenant that year, and therefore, no pagan performed the Hajj in the year of Hajj-ul-Wada` of the Prophets.

The Prophet (saws) said: The end of Ramadan is on the day when you end it, and the 'Id (festival) of sacrifice is on the day when you sacrifice. The whole of Arafah is the place of staying, and the whole of Mina is the place of sacrifice, and all the roads of Mecca are the place of sacrifice, and the whole of Muzdalifah is the place of staying.

The Prophet said, Abraham will meet his father (on the Day of Resurrection) and will say, 'O my Lords You promised me that You would not let me in disgrace on the Day when people will be resurrected.' Allah will say, 'I have forbidden Paradise to the non-believers."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

AbuIshaq reported on the authority of Silah: We were with Ammar on the day when the appearance of the moon was doubtful. (The meat of) goat was brought to him. Some people kept aloof from (eating) it. Ammar said: He who keeps fast on this day disobeys AbulQasim (i.e. the Prophet) (saws).

'A'isha (Allah be pleased with her) reported that the Messenger of Allah (may peace be upon him) had ordered to observe fast (on 'Ashura) before the fasting in Ramadan was made obligatory. But when it became obligatory, then he who wished fasted on the day of Ashura, and he who wished did not observe it (on that day).

It is the Prophet's tradition that if someone marries a virgin and he has already a matron wife then he should stay for seven days with her (the virgin) and then by turns; and if someone marries a matron and he has already a virgin wife then he should stay with her (the matron) for three days, and then by turns.

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, sent Abdullah ibn Hudhayfa out on the days of Mina to circulate among the people to tell them those days were for eating and drinking and remembrance of Allah.

The day of Bu'ath was a day (i.e. battle) which Allah caused to take place just before the mission of His Apostle so that when Allah's Apostle came to Medina, they (the tribes) had divided (into hostile groups) and their nobles had been killed; and all that facilitated their conversion to Islam.

At Mina, the Prophet (p.b.u.h) said, "Do you know what is the day today?" The people replied, "Allah and His Apostle know it better." He said, "It is the forbidden (sacred) day. And do you know what town is this?" They replied, "Allah and His Apostle know it better." He said, "This is the forbidden (Sacred) town (Mecca). And do you know which month is this?" The people replied, "Allah and His Apostle know it better." He said, "This is the forbidden (sacred) month." The Prophet added, "No doubt, Allah made your blood, your properties, and your honor sacred to one another like the sanctity of this day of yours in this month of yours in this town of yours." Narrated Ibn `Umar: On the Day of Nahr (10th of Dhul-Hijja), the Prophet stood in between the Jamrat during his Hajj which he performed (as in the previous Hadith) and said, "This is the greatest Day (i.e. 10th of Dhul-Hijjah)." The Prophet started saying repeatedly, "O Allah! Be Witness (I have conveyed Your Message)." He then bade the people farewell. The people said, "This is Hajjat-al-Wada`)."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to say, "If someone has to make up for days not fasted in Ramadan and does not do them before the next Ramadan comes although he is strong enough to do so, he should feed a poor man with a mudd of wheat for every day that he has missed, and he has to fast the days he owes as well."

Yahya related to me from Malik that he had heard the same thing from Said ibn Jubayr.

I asked Anas bin Malik, "Tell me what you remember from Allah's Apostle (regarding these questions): Where did he offer the Zuhr and `Asr prayers on the day of Tarwiya (8th day of Dhul- Hijja)?" He relied, "(He offered these prayers) at Mina." I asked, "Where did he offer the `Asr prayer on the day of Nafr (i.e. departure from Mina on the 12th or 13th of Dhul-Hijja)?" He replied, "At Al- Abtah," and then added, "You should do as your chiefs do."

Hunaydah ibn Khalid narrated from his wife on the authority of one of the wives of the Prophet (saws) who said: The Messenger of Allah (saws) used to fast the first nine days of Dhul-Hijjah, Ashura' and three days of every month, that is, the first Monday (of the month) and Thursday.

Fasting for those who perform ,Hajj-at-Tamattu` (in lieu of the Hadi which they cannot afford) may be performed up to the day of `Arafat. And if one does not get a Hadi and has not fasted (before the `Id) then one should fast of the days of Mina. (11, 12 and 13th of Dhul Hajja).

On the Day of Resurrection the people will fall on their knees and every nation will follow their prophet and they will say, "O so-and-so! Intercede (for us with Allah), "till (the right) intercession is given to the Prophet (Muhammad) and that will be the day when Allah will raise him into a station of praise and glory (i.e. Al-Maqam -al-Mahmud).

Gabriel used to repeat the recitation of the Qur'an with the Prophet once a year, but he repeated it twice with him in the year he died. The Prophet used to stay in I`tikaf for ten days every year (in the month of Ramadan), but in the year of his death, he stayed in I`tikaf for twenty days.

Allah's Apostle said to a man from the tribe of Al-Aslam, "Proclaim among your people (or the people) on the day of 'Ashura' (tenth of Muharram), 'Whosoever has eaten anything should fast for the rest of the day; and whoever has not eaten anything, should complete his fast.' "

We used to be ordered to come out on the Day of `Id and even bring out the virgin girls from their houses and menstruating women so that they might stand behind the men and say Takbir along with them and invoke Allah along with them and hope for the blessings of that day and for purification from sins.

The Prophet (saws) as saying: Any woman who wears a gold necklace will have a similar one of fire put on her neck on the Day of Resurrection, and any woman who puts a gold earring in her ear will have a similar one of fire put in her ear on the Day of Resurrection.

Yahya related to me that Malik had seen that the people of knowledge used to like to pay the zakat al-fitr after dawn had broken on the day of the Fitr before they went to the place of prayer.

Malik said, "There is leeway in this, if Allah wills, in that it can be paid either before setting out (for the prayer) on the day of Fitr or afterwards."

I heard the Prophet (p.b.u.h) delivering a Khutba saying, "The first thing to be done on this day (first day of `Id ul Adha) is to pray; and after returning from the prayer we slaughter our sacrifices (in the name of Allah) and whoever does so, he acted according to our Sunna (traditions)."

The Prophet (saws) said: The time limit for wiping over the socks for a traveller is three days (and three nights) and for a resident it is one day and one night.

Abu Dawud said: Another version adds: Had we requested him to extend (the period of wiping), he would have extended.

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

One day I went to Ibn Mas`ud who said, "When Quraish delayed in embracing Islam, the Prophet I invoked Allah to curse them, so they were afflicted with a (famine) year because of which many of them died and they ate the carcasses and Abu Sufyan came to the Prophet and said, 'O Muhammad! You came to order people to keep good relation with kith and kin and your nation is being destroyed, so invoke Allah I ? So the Prophet I recited the Holy verses of Sirat-Ad-Dukhan: 'Then watch you For the day that The sky will Bring forth a kind Of smoke Plainly visible.' (44.10) When the famine was taken off, the people renegade once again as nonbelievers. The statement of Allah, (in Sura "Ad- Dukhan"-44) refers to that: 'On the day when We shall seize You with a mighty grasp.' (44.16) And that was what happened on the day of the battle of Badr." Asbath added on the authority of Mansur, "Allah's Apostle prayed for them and it rained heavily for seven days. So the people complained of the excessive rain. The Prophet said, 'O Allah! (Let it rain) around us and not on us.' So the clouds dispersed over his head and it rained over the surroundings."

That the Messenger of Allah (saws) said: "Whoever drinks Khamr, Salat is not accepted from him for forty days. If he repents, then Allah will accept his repentance. It he returns to it, then Allah will not accept his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it, then Allah will not accepts his Salat for forty days. If he repents, then Allah will accept his repentance. If he returns to it a fourth time, Allah will not accept his Salat for forty days, and if he were to repent, Allah would not accept his repentance, and he will be given to drink from the river of Al-Khabal." They said: "O Aby 'Abdur-Rahman! What is the river of Al-Khabal?" He said: "A river of the pus from the inhabitants of the Fire."

[Abu 'Eisa said:] This Hadith is Hasan. Similar to this has been reported from 'Abdullah bin 'Amr and Ibn 'Abbas from the Prophet (saws).

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that A'isha umm al-muminin used to say, "Someone performing hajj at-tamattu who does not have a sacrificial animal fasts (three days) from the time he enters ihram for the hajj till the Day of Arafa, and if he does not fast then, he fasts the days of Mina."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar used to say the same concerning that, as the words of A'isha, may Allah the Exalted be pleased with her.