That he heard Allah's Apostle saying, "Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband's house and responsible for her charges; and the servant is a guardian of his master's property and is responsible for his charge." I definitely heard the above from the Prophet and think that the Prophet also said, "A man is a guardian of his father's property and responsible for his charges; so everyone of you is a guardian and responsible for his charges."

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

A blind man had a slave-mother who used to abuse the Prophet (saws) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (saws) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (saws) was informed about it.

He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up.

He sat before the Prophet (saws) and said: Messenger of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her.

Thereupon the Prophet (saws) said: Oh be witness, no retaliation is payable for her blood.

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the yearof Khaybar. We did not capture any gold or silver except for personal effects, clothes, and baggage. Rifaa ibn Zayd presented a black slave boy to the Messenger of Allah, may Allah bless him and grant him peace, whose name was Midam. The Messenger of Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura, and when he arrived there, Midam was unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace, when a stray arrow struck and killed him. The people said, 'Good luck to him! The Garden!' The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap or two sandal-straps to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'A sandal-strap or two sandal-straps of fire!' "

My grandfather said, "We were in the company of the Prophet at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

I went out of Medina towards Al-Ghaba. When I reached the mountain path of Al-Ghaba, a slave of `Abdur-Rahman bin `Auf met me. I said to him, "Woe to you! What brought you here?" He replied, "The she-camels of the Prophet have been taken away." I said, "Who took them?" He said, "Ghatafan and Fazara." So, I sent three cries, "O Sabaha-h ! O Sabahah !" so loudly that made the people in between its (i.e. Medina's) two mountains hear me. Then I rushed till I met them after they had taken the camels away. I started throwing arrows at them saying, "I am the son of Al-Akwa`"; and today perish the mean people!" So, I saved the she-camels from them before they (i.e. the robbers) could drink water. When I returned driving the camels, the Prophet met me, I said, "O Allah's Apostle Those people are thirsty and I have prevented them from drinking water, so send some people to chase them." The Prophet said, "O son of Al-Akwa`, you have gained power (over your enemy), so forgive (them). (Besides) those people are now being entertained by their folk."

The Messenger of Allah (saws) forbade wearing clothes in two styles: that a man sits in a single garment with his hands round his knees and uncover his private parts towards heaven and that he wears his garment while one of his sides is uncovered, and puts the garment on his shoulders.

Abu Dawud said: This tradition has been narrated by Ibn al-Mubarak from Fulaih who heard ‘Abbas . Sahl narrating it; but I do not remember it. I think he made the mention of ‘Isa b. ‘Abd Allah who heard ‘Abbas b. Sahl saying: I accompanied Abu Humaid al-Sa’idi.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar from Abdullah as-Sanabihi that the Messenger of Allah, may Allah bless him and grant him peace, said, "A trusting slave does wudu and as he rinses his mouth the wrong actions leave it. As he cleans his nose the wrong actions leave it. As he washes his face, the wrong actions leave it, even from underneath his eyelashes. As he washes his hands the wrong actions leave them, even from underneath his fingernails. As he wipes his head the wrong actions leave it, even from his ears. And as he washes his feet the wrong actions leave them, even from underneath the toenails of both his feet." He added, "Then his walking to the mosque and his prayer are an extra reward for him."

The Prophet went to answer the call of nature, and when he returned, I met him with water and he performed the ablution while he was wearing a Sham, cloak. He rinsed his mouth, put the water in his nose and blew it out, washed his face and tried to take his hands out of his sleeves, but they were too narrow, so he took out his hands from under his chest and washed them and then passed his wet hands over his head and Khuffs (socks made from thick fabric or leather).

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar used to do ghusl for major ritual impurity he would begin by pouring water on his right hand and washing it. Then, in order, he would wash his genitals, rinse his mouth, snuff water in and out of his nose, wash his face and splash his eyes with water. Then he would wash his right arm and then his left, and after that he would wash his head. He would finish by having a complete wash and pouring water all over himself.

My father saw `Amr bin Abi Hasan asking `Abdullah bin Zaid about the ablution of the Prophet. `Abdullah bin Zaid asked for earthenware pot containing water and in front of them performed ablution like that of the Prophet . He poured water from the pot over his hand and washed his hands thrice and then he put his hands in the pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out with three handfuls of water. Again he put his hand in the water and washed his face thrice and washed his forearms up to the elbows twice; and then put his hands in the water and then passed them over his head by bringing them to the front and then to the rear of the head once, and then he washed his feet up to the ankles.

I placed water for the bath of Allah's Apostle and put a screen. He poured water over his hands, and washed them once or twice. (The sub-narrator added that he did not remember if she had said thrice or not). Then he poured water with his right hand over his left one and washed his private parts. He rubbed his hand over the earth or the wall and washed it. He rinsed his mouth and washed his nose by putting water in it and blowing it out. He washed his face, forearms and head. He poured water over his body and then withdrew from that place and washed his feet. I presented him a piece of cloth (towel) and he pointed with his hand (that he does not want it) and did not take it.

Allah's Apostle said, "Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges."

Some Muslim men emigrated to Ethiopia whereupon Abu Bakr also prepared himself for the emigration, but the Prophet said (to him), "Wait, for I hope that Allah will allow me also to emigrate." Abu Bakr said, "Let my father and mother be sacrificed for you. Do you hope that (emigration)?" The Prophet said, 'Yes." So Abu Bakr waited to accompany the Prophet and fed two she-camels he had on the leaves of As-Samur tree regularly for four months One day while we were sitting in our house at midday, someone said to Abu Bakr, "Here is Allah's Apostle, coming with his head and a part of his face covered with a cloth-covering at an hour he never used to come to us." Abu Bakr said, "Let my father and mother be sacrificed for you, (O Prophet)! An urgent matter must have brought you here at this hour." The Prophet came and asked the permission to enter, and he was allowed. The Prophet entered and said to Abu Bakr, "Let those who are with you, go out." Abu Bakr replied, "(There is no stranger); they are your family. Let my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "I have been allowed to leave (Mecca)." Abu Bakr said, " I shall accompany you, O Allah's Apostle, Let my father be sacrificed for you!" The Prophet said, "Yes," Abu Bakr said, 'O Allah's Apostles! Let my father be sacrificed for you. Take one of these two shecamels of mine" The Prophet said. I will take it only after paying its price." So we prepared their baggage and put their journey food In a leather bag. And Asma' bint Abu Bakr cut a piece of her girdle and tied the mouth of the leather bag with it. That is why she was called Dhatan- Nitaqaln. Then the Prophet and Abu Bakr went to a cave in a mountain called Thour and remained there for three nights. `Abdullah bin Abu Bakr. who was a young intelligent man. used to stay with them at night and leave before dawn so that in the morning, he would he with the Quraish at Mecca as if he had spent the night among them. If he heard of any plot contrived by the Quraish against the Prophet and Abu Bakr, he would understand it and (return to) inform them of it when it became dark. 'Amir bin Fuhaira, the freed slave of Abu Bakr used to graze a flock of milch sheep for them and he used to take those sheep to them when an hour had passed after the `Isha prayer. They would sleep soundly till 'Amir bin Fuhaira awakened them when it was still dark. He used to do that in each of those three nights.

Abu Dawud said: This tradition has been narrated by Hammam from ibn Juhadah, but he did not mention the raising of hands after he raised his head at the end of the prostration.

My father said, "I saw `Amr bin Abi Hasan asking `Abdullah bin Zaid about the ablution of the Prophet. `Abdullah bin Zaid asked for an earthenware pot containing water and performed ablution in front of them. He poured water over his hands and washed them thrice. Then he put his (right) hand in the pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out thrice with three handfuls of water Again he put his hand in the water and washed his face thrice. After that he put his hand in the pot and washed his forearms up to the elbows twice and then again put his hand in the water and passed wet hands over his head by bringing them to the front and then to the back and once more he put his hand in the pot and washed his feet (up to the ankles.)"

Narrated Wuhaib:

That he (the Prophet in narration 191 above) had passed his wet hands on the head once only.

The Prophet said, "Who among you considers the wealth of his heirs dearer to him than his own wealth?" They replied, "O Allah's Apostle! There is none among us but loves his own wealth more." The Prophet said, "So his wealth is whatever he spends (in Allah's Cause) during his life (on good deeds) while the wealth of his heirs is whatever he leaves after his death."

A man came to the Prophet (saws) and asked him: Messenger of Allah, how is the ablution (to performed)?

He (the Prophet) then called for water in a vessel and washed his hands up to the wrists three times, then washed his face three times, and washed his forearms three times. He then wiped his head and inserted both his index fingers in his ear-holes; he wiped the back of his ears with his thumbs and the front of his ears with the index fingers. He then washed his feet three times.

Then he said: This is how ablution should be performed. If anyone does more or less than this, he has done wrong and transgressed, or (said) transgressed and done wrong.

(on the authority of his father) My uncle used to perform ablution extravagantly and once he asked `Abdullah bin Zaid to tell him how he had seen the Prophet performing ablution. He asked for an earthenware pot containing water, and poured water from it on his hands and washed them thrice, and then put his hand in the earthenware pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out thrice with one handful of water; he again put his hand in the water and took a handful of water and washed his face thrice, then washed his hands up to the elbows twice, and took water with his hand, and passed it over his head from front to back and then from back to front, and then washed his feet (up to the ankles) and said, "I saw the Prophet performing ablution in that way."

I said that I should look at the prayer of the Messenger of Allah (saws) how he prays. The Messenger of Allah (saws) stood up and faced the qiblah (i.e. the direction of Ka'bah) and uttered the takbir (Allah is most great); then he raised his hands till he brought them in front of his ears; then he caught hold of his left hand with his right hand (i.e. folded his hands).

When he was about to bow, he raised them (his hands) in a like manner. Then he sat, stretched out his left foot (to sit on it), placed his left hand on his left thigh, and kept away the tip of his right elbow from his right thigh, joined two fingers, formed a ring, to do so. And the narrator Bishr made a ring with the thumb and the middle finger.

The Prophet (saws) said: When any of you prays, he should not place his sandals on his right side or on his left so as to be on the right side of someone else, unless no one is at his left, but should place them between his feet.

I never said that when any man brought his mouth to the ear of the Messenger of Allah (saws) and he withdrew his head until the man himself withdrew his head, and I never saw that when any man took him by his hand and he withdrew his hand, until the man himself withdrew his hand.

Ibn `Abbas performed ablution and washed his face (in the following way): He ladled out a handful of water, rinsed his mouth and washed his nose with it by putting in water and then blowing it out. He then, took another handful (of water) and did like this (gesturing) joining both hands, and washed his face, took another handful of water and washed his right forearm. He again took another handful of water and washed his left forearm, and passed wet hands over his head and took another handful of water and poured it over his right foot (up to his ankles) and washed it thoroughly and similarly took another handful of water and washed thoroughly his left foot (up to the ankles) and said, "I saw Allah's Apostle performing ablution in this way."

I saw `Uthman performing ablution; he washed his hands thrice, rinsed his mouth and then washed his nose, by putting water in it and then blowing it out, and washed his face thrice, and then washed his right forearm up to the elbow thrice, and then the left-forearm up to the elbow thrice, then smeared his head with water, washed his right foot thrice, and then his left foot thrice and said, "I saw Allah's Apostle performing ablution similar to my present ablution, and then he said, 'Whoever performs ablution like my present ablution and then offers two rak`at in which he does not think of worldly things, all his previous sins will be forgiven."

Allah's Apostle went out to answer the call of nature and on his return I brought some water to him. He performed the ablution while he was wearing a Sha'mi cloak. He rinsed his mouth and washed his nose by putting water in it and then blowing it out, and washed his face. Then he tried to take out his hands through his sleeves but they were tight, so he took them out from underneath, washed them and passed wet hands over his head and over his leather socks.

(on the authority of his father) `Abdullah bin Zaid poured water on his hands from a utensil containing water and washed them and then with one handful of water he rinsed his mouth and cleaned his nose by putting water in it and then blowing it out. He repeated it thrice. He, then, washed his hands and forearms up to the elbows twice and passed wet hands over his head, both forwards and backwards, and washed his feet up to the ankles and said, "This is the ablution of Allah's Apostle."

That he heard Allah's Apostle saying, "If a judge gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allah and His Apostle's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is wrong, (i.e. against that of Allah and His Apostle) even then he will get a reward ."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

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

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."