"I entered upon 'Umar bin Al-Khattab. (Then) Uthman bin 'Affan, Az-Zubair, 'Abdur-Rahman bin Awf, and Sa'd bin Abi Waqqas entered. Then 'Ali and Al-'Abbas came disputing. 'Umar said to them: ' I ask you, by Allah the One by Whose Will the heavens and the earth are maintained, do you know that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity?" They said: 'Yes.' 'Umar said: 'When the Messenger of Allah (saws) died, Abu Bakr said: "I am the caretaker of the Messenger of Allah (saws)" So you and he went to Abu Bakr and you sought your inheritance from the son of your brother, and he sought the inheritance of his wife from her father. So Abu Bakr said that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity." And Allah knows that he is truthful, innocent, instructing and following the truth.'"

[Abu 'Eisa said:] There is a lengthy story along with the Hadith. And this Hadith is Hasan Sahih Gharib as a narration of Malik bin Anas.

From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (saws) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."

He said: There are something on this topic from Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (saws) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (saws). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (saws)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.

When the Messenger of Allah ﷺ died and Abu Bakr رضي الله عنه became (caliph) after him, and some of the Arabs apostatized,ʻUmar رضي الله عنه said: O Abu Bakr, how can you fight the people when the Messenger of Allah ﷺ said: `I have been ordered to fight the people until they bear witness that there is no god except Allah. Whoever bears witness that there is no god except Allah has protected his wealth and his life from me, except in cases dictated by Islamic law, and their reckoning will be with Allah`? Abu Bakr رضي الله عنه said: by Allah I shall certainly fight the one who separates prayer and zakah, for zakah is what is due from wealth. By Allah, whoever withholds from me a goat that they used to give (in zakah) to the Messenger of Allah ﷺ, I shall fight them for withholding it. 'Umar said: By Allah, as soon as I realized that Allah had opened the heart of Abu Bakr to fighting, I realized that it was the right thing to do.

He reported that when God’s messenger prayed over a bier he said, “O God, forgive those of us who are living and those of us who are dead, those of us who are present and those of us who are absent, our young and our old, our male and our female. O God, to whomsoever of us Thou givest life keep him faithful to Islam whilst Thou givest him life, and whomsoever of us Thou takest in death take him as a believer. O God, do not withhold from us the reward of faith (the Arabic is variously explained either as translated above, or as the reward of the man who has died, or of the believer. The text is ajrahu which means 'his reward’, or ‘its reward.’ Cf. Mir gat, ii, 365.), or try us after his death.” Ahmad, Abu Dawud, Tirmidhi and Ibn Majah transmitted it. Nasa'i transmitted it from Abu Ibrahim al-Ashhali who quoted his father’s authority, his version ending at “female”. Abu Dawud’s version has, “Grant him life as a believer and take him in death as a follower of Islam.” It ends, “Do not lead us astray after his death.”

Fadak belonged, to God’s Messenger, and he made contributions from it, showing repeated kindness to the poor members of the B. Hashim from it and supplying: from it the cost of marriages for those of them who were unmarried. Fatima asked him to give it to her, but he refused. That is how matters stood during the lifetime of God’s Messenger till he went his way (i.e. he died). When Abu Bakr was made ruler he administered it as God's Messenger had done in his lifetime till he went his way. Then when ‘Umar b. al- Khattab was made ruler he administered it as they had done till he went his way. Then Marwan took it for himself and it afterwards came to ‘Umar b. ‘Abd al-‘Aziz, but I consider that I have no right to something which God’s Messenger refused to Fatima, and I call you to witness that I have restored it to its former condition; meaning in the time of God’s Messenger, Abu Bakr and ‘Umar. Abu Dawud transmitted it.

“We went out with the Prophet (SAW) and when we reached Al-Baqi’, we saw a new grave. He asked about it and they said: ‘(It is) so-and-so (a woman).’ He recognized the name and said: ‘Why did you not tell me about her?’ They said: ‘You were taking a nap and you were fasting, and we did not like to disturb you.’ He said: ‘Do not do that; I do not want to see it happen again that one of you dies, while I am still among you, and you do not tell me, for my prayer for him is a mercy.’ Then he went to the grave and we lined up in rows behind him, and he said four Takbir (i.e. for the funeral prayer).”

“While I was walking with the Messenger of Allah (SAW) he said: ‘O son of Khasasiyyah, why are you angry with Allah when you are walking with the Messenger of Allah?’ I said: ‘O Messenger of Allah! I am not angry with Allah at all. Allah has bestowed all good on me.’ Then he passed by the graves of the Muslims and said: ‘They have caught up with a great deal of good.’ Then he passed by the graves of the idolaters and said: ‘They died before a great deal of good came to them.’ Then he turned and saw a man walking between the graves in his shoes and he said: ‘O you with the shoes, take them off.’”

Muhammad bin Bashar narrated from Abdur-Rahman bin Mahdi that he said: Abdullah bin Uthman used to say (about this hadith): "A good hadith and a reliable narrator."

Thabit al-Bunani told on the authority of Anas that God's messenger said, "I was brought al-Buraq which was an animal white and long, larger than a donkey but smaller than a mule, whose hoof touched the ground at a distance equal to the range of its vision. I mounted it and came to Jerusalem, then tied It to the ring used by the prophets. Then after entering the mosque and praying two rak'as in it I came out and Gabriel brought me a vessel of wine and a vessel of milk. I chose the milk, and Gabriel said, `You have chosen the true religion.' We were then taken up to heaven ..." and he went on with something to the same effect as has been mentioned already. He said, "I found Adam who welcomed me and prayed for my wellbeing." Regarding the third heaven he said, "I found Joseph who had been given half of beauty[*], and he welcomed me and prayed for my wellbeing." But he did not mention the weeping of Moses. Regarding the seventh heaven he said, "I found Abraham supporting his back against the frequented house which is entered daily by seventy thousand angels who do not return to it. He then took me to the lote-tree of the boundary whose leaves are like elephants' ears and whose fruits are like earthenware vessels. When what God commands overshadows it, it changes, and none of God's creatures can describe it because of its beauty. God revealed to me what He revealed and made obligatory for-me fifty prayers every day and night. I came down to Moses who asked what my Lord had made obligatory for my people, and when I told him He had prescribed fifty prayers every day and night he said, `Go back to your Lord and ask Him to make things lighter, for your people are not capable of that. I have tested and had experience of the B. Isra'il.' I went back to my Lord and said, `0 my Lord, make things lighter for my people,' so He relieved me of five. When I returned to Moses and told him He had relieved me of five he said, `Your people are not capable of that, so go back to your Lord and ask Him to make things lighter.' I then kept going back and forth between my Lord and Moses till He said, `They are five prayers every day and night, Muhammad, each being credited as ten, so that makes fifty times of prayer. He who intends to do a good deed and does not do it will have a good deed recorded for him, and if he does it, it will be recorded for him as ten; whereas he who intends to do an evil deed and does not do it will have nothing recorded for him, and if he does it one evil deed will be recorded for him.' I then came down, and when I came to Moses and told him he said, `Go back to your Lord and ask Him to make things lighter'." God's messenger said that he replied, "I have gone back to my Lord till I am ashamed to face Him." *Mirqat, 5:432, says this may either mean half of the whole category of beauty, or half of the beauty of all his contemporaries. Muslim transmitted it.

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

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

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

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

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

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

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

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

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

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

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

Bakkar ibn 'Abdu'l-'Aziz reported from his grandfather that the Prophet, may Allah bless him and grant him peace, said, "Allah will defer whatever wrong actions He wills until the Day of Rising except for tyrannical behaviour, disobeying parents or cutting off relatives. He will punish the one who commits those things in this world before he dies."

"I was present when 'Ali (may Allah be well pleased with him) had an animal brought for him to ride. When he placed his foot in the stirrup, he said: “In the Name of Allah [Bismillah],” and when he settled on its back, he said: “Praise be to Allah!” Then he said: “Glory be to the One who has placed this at our disposal, for we would not have been equal to the task [Subhanalladhi sakhkhara la-na hadha wa ma kunna la-hu muqrinin], and to our Lord we are surely returning [wa inna ila Rabbina la-munqalibun]. (Al-Qur'an;43:13-14)Then he said: “Praise be to Allah,” three times, and: “Allah is Supremely Great,” three times, then: “Glory be to You! I have wronged myself, so forgive me, for no one forgives sins but You!” Then he laughed, so I said to him: “What has made you laugh, O Commander of the Believers?” He said: “I saw Allah’s Messenger (Allah bless him and give him peace) do just as I did now, after which he laughed, so I said: "What has made you laugh, O Messenger of Allah?" He replied: ‘Your Lord surely marvels at His servant when he says: “My Lord, forgive me my sins, knowing that no one but He forgives sins'!”

We visited 'Amr bin Al-'as (May Allah be pleased with him) when he was in his deathbed. He wept for a long time and turned his face towards the wall. His son said: "O father, did not the Messenger of Allah (PBUH) give you the good news of such and such? Did he not give you glad tidings of such and such?" Then he ('Amr) turned his face towards us and said: "The best thing which you can count upon is the affirmation that: La ilaha illallah (there is no true god except Allah), and that Muhammad is the Messenger of Allah. I have passed through three phases. I remember when I hated none more than I hated the Messenger of Allah (PBUH), and there was no other desire stronger in me than that of killing him. Had I died in that state, I would have definitely been one of the dwellers of Fire (Hell). When Allah instilled the love for Islam in my heart, I went to Messenger of Allah (PBUH) and said, 'Extend your right hand, so that I pledge allegiance to you.' He (PBUH) stretched out his right hand, but I withdrew my hand. He said, 'What is the matter, 'Amr?' I said, 'I wish to lay down same conditions.' He asked, 'What conditions do you wish to put forward?' I replied, 'To be granted forgiveness.' He said, 'Do you not know that (embracing) Islam wipes out all that has gone before it (previous misdeeds). Verily, emigration wipes out all the previous sins, and the Hajj (pilgrimage) wipes out all the previous sins.' Thereafter, no one was dearer to me than Messenger of Allah (PBUH), and none was more respectable than him in my eyes. So bright was his splendour that I could not gather enough courage to look at his face for any length of time. If I were asked to describe his feature, I would not be able to do so because I have never caught a full glimpse of his face. Had I died in that state I could have hoped to be one of the dwellers of Jannah. Thereafter, we were made responsible for many things and in the light of which I am unable to know what is in store for me. When I die, no mourner, nor fire should accompany my bier. When you bury me, throw the earth gently over me and stand over my grave for the space of time within which a camel is slaughtered and its meat is distributed so that I may enjoy your intimacy, and in your presence ascertain what answer can I give to the Messengers of my Rubb (the angels in grave)."

[Muslim].

Allāhummaghfir lī, warḥamnī, waḥdinī, wa `āfinī warzuqnī. Whenever anyone accepted Islam, the Prophet (SAW) used to teach him how to pray then he would instruct him to invoke Allah with the following words: O Allah forgive me, and have mercy on me and guide me and give me good health and provide for me. Reference: Muslim 4/2073, and in one of Muslim's reports there is the addition: 'For these words combine [the goodness of] this world and the next.'

Abu'l-'Ajlan al-Muharibi said, "While I was in the army of Ibn az-Zubayr, a cousin of mine died and bequeathed one of his camels to be used in the Cause of Allah. I told his son, 'Give me the camel since I was in the army of Ibn az-Zubayr.' He replied, 'Let us go to Ibn 'Umar and ask him about the matter.' We went to Ibn 'Umar and he said, 'Abu 'Abdu'r-Rahman, my father died and bequeathed one of his camels to be used in the Cause of Allah. This is my cousin who is in the army of Ibn az-Zubayr. Shall I give him the camel?' Ibn 'Umar replied, 'My son, the Cause of Allah includes every good action. if you father left his camel to be devoted to the Cause of Allah, I see that there are Muslim people who are carrying out expeditions against the idolaters, so give the camel to them. This man (Abu'l-'Ajlan) and his companions are sons of a people who wish to use the seal (i.e. the seal authority, meaning to rule the people.).'"

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

While we were accompanying God’s messenger who was riding a she-mule in a garden belonging to the B. an-Najjar, the animal shied and almost unseated him. It happened that there were five or six graves there, so he asked if anyone knew who were buried in them. A man replied that he did, and on being asked when they died said it was in the period when the people were polytheists. The Prophet then said, “These people are being afflicted in their graves, and were it not that you would cease to bury, I would ask God to let you hear the punishment in the grave which I am hearing.” Then he turned facing us and said, “Seek refuge in God from the punishment of the fire.” They said, “We seek refuge in God from the punishment of the fire.” He said, “Seek refuge in God from the punishment in the grave.” They said, “We seek refuge in God from the punishment in the grave.” He said, “Seek refuge in God from trials both open and secret.” They said, “We seek refuge in God from trials both open and secret.” He said, “Seek refuge in God from the trial of ad-Dajjal!” They said, “We seek refuge in God from the trial of ad-Dajjal.” Muslim transmitted it.

Abu Huraira reported God’s messenger as saying, “The angels are present with one who dies, and if a man is good they say, ‘Come out, good soul, which was in the good body; come out praiseworthy and be happy with rest and provision and a Lord who is not angry.’ That continues to be said to it till it comes out. It is then taken up to heaven and the door is opened for it. The angels are asked who this is and reply that he is so and so, whereupon these words are spoken, ‘Welcome, good soul, which was in the good body; enter praiseworthy and be happy with rest and provision(Cf. Qur'an, lvi, 89) and a Lord who is not angry.’ That continues to be said to it till it comes to the heaven in which God is. But when it is a bad man what is said is, ‘Come out, wicked soul, which was in the wicked body; come out blameworthy and be grieved by a boiling liquid, one dark and intensely cold (Cf. Qur’an, xxxviii, 57) and other kinds of its type.’ That continues to be said to it till it comes out. It is then taken up to heaven and the door is opened for it. The question will be asked who this is and the reply given that it is so and so, whereupon these words are spoken, 'There is no welcome for the wicked soul which was in the wicked body; go back blameworthy, for the gates of heaven will not be opened for you.' It will then be sent away from heaven and come to the grave.” Ibn Majah transmitted it.

‘Abdallah b. ‘Amr b. al-‘As said that the Prophet mentioned prayer one day saying, “If anyone keeps to it, it will be light, evidence and salvation for him on the day of resurrection; but if anyone does not keep to it, it will not be for him light, evidence, or salvation, and on the day of resurrection he will be associated with Qarun, Pharaoh, Haman, 1 and Ubayy b. Khalaf”2 1. These three are mentioned together in Al-Qur’an, 29:39; 40:24. A longer account is given of Qarun in 28:76 ff. Haman is mentioned also in 28:38. The Old Testament gives the story of Korah (Qarun) in Numbers, Chap. 16, and of Haman in Esther, Chaps, 3 ff. 2. Ubayy had been an enemy of the Prophet in Mecca. Ubayy had said he would kill him, but the Prophet replied that if God willed he would kill Ubayy. At the battle of Uhud (3 A H.) Ubayy received a scratch, and remembering the Prophet’s words, he felt sure he was going to die. He died at Sarif, about six miles from Mecca, as he was returning home. See the Cairo edition of as-Sira an-nabawiya by Ibn Hisham, 1355/1936, vol.3, p. 89. Ahmad, Darimi, and Baihaqi in Shu'ab al-lman transmitted it.

Anas told that God's messenger used to visit Umm Haram, daughter of Milhan who was married to `Ubada b. as-Samit. One day when he visited her, she gave him food and sat clearing his head of lice. God's messenger went to sleep, and then awoke laughing. She asked what was making him laugh and he replied, "Some of my people were shown to me who, while on an expedition in God's path, were sailing in the midst of this sea as kings on thrones (or, like kings on thrones)." She said, "Messenger of God, beseech God that He may put me among them." He made supplication for her, then laid down his head and went to sleep, and after a time awoke laughing. She asked what was making him laugh and he replied, "Some of my people were shown to me who, while on an expedition in God's path ..." (and so on as in the first reply). She said, "Messenger of God, beseech God that He may put me among them." He replied, "You will be among the first." Umm Haram sailed on the sea in Mu'awiya's time, and was thrown from her beast when she came ashore, and died. (Bukhari and Muslim.)

I offered Salat (Tahajjud - optional night prayer) with the Prophet (PBUH) one night, and he started reciting (Surat) Al-Baqarah. I thought that he would bow at the end of one hundred Verses, but he continued reciting; I, then, thought that he would perhaps recite the whole (Surah) in a Rak'ah, but he proceeded on, and I thought he would perhaps bow on completing (this Surah); he then started (reciting Surat) An-Nisa'; he then started (Surat) Al-'Imran and his recitation was unhurried. And when he recited the Verses which referred to the Glory of Allah, he glorified Him (by saying Subhan Allah - My Rubb, the Supreme is far removed from every imperfection), the Great, and when he recited the Verses that mention supplication, he supplicated, and when he recited the Verses that mention seeking Refuge of the Rubb, he sought (His) Refuge. Then he bowed and said: "My Rubb, the Supreme is far removed from every imperfection (Subhana Rabbiyal-Azim);" his bowing lasted about the same length of time as his standing (and then on returning to the standing posture after Ruku') he said: "Allah listened to him who praised Him (Sami' Allahu liman hamidah, Rabbana wa lakal hamd)." Then he stood about the same length of time as he had spent in bowing. He then prostrated himself and said: "My Rubb, the Supreme is far removed from every imperfection (Subhana Rabbiyal-A'la)," and his prostration lasted nearly the same length of time as his standing.

[Muslim].

'You did not feed it nor give it water when you imprisoned it nor did you release it and let it eat from the plants of the earth."

It is reported that al-Hasan said, "Are you not astonished by this man? (i.e. Malik ibn al-Mundhir) He went to some of the old people of Kaskar who had become Muslim and examined them and then commanded that they be circumcised although it was winter. I heard that some of them died. Greeks and Abyssinians became Muslim with the Messenger of Allah, may Allah bless him and grant him peace, and they were not examined at all."

The Prophet (SAW) said, "A woman was punished on account of a cat which she held captive till it died. Hence, she entered the Hell-Fire due to (her mistreatment of) the cat. She did not feed it or give it water while she held it captive, nor did she let it out so that it may eat the things that creep on the earth." [Agreed upon].

'Umar (RA) forbade the sale of the slave-women who have given birth to children (of their owners). He said, "She is not to be sold, bestowed as a gift or inherited. He (the owner) enjoys her as long as he lives and when he dies, she becomes free." [Reported by Malik an al-Baihaqi. He said: Some of the narrators have attributed it to the Prophet (SAW) mistakenly].

A man came to the Prophet (SAW) and said, "O Allah's Messenger, my mother had died suddenly, and did not make a will. And I think she would have given out Sadaqah if she had been able to speak, so will she get a reward if I gave out Sadaqah on her behalf?" He replied, "Yes." [Agreed upon; the wording is Muslim's].

Abu Huraira told that God's Messenger sent some horsemen to Najd and they brought a man of the B. Hanifa called Thumama b. Uthal who was the chief of the people of al-Yamama and bound him to one of the pillars of the mosque. God’s Messenger came out to him and said, “What are you expecting, Thumama?” He replied, “I expect good, Muhammad. If you kill me you will kill one whose blood will be avenged, if you show favour you will show it to one who is grateful, and if you want property and ask you will be given as much of it as you wish.” God’s Messenger left him till the next day, and asked him, “What are you expecting, Thumama?” He replied, “I am expecting what I said to you. If you show favour you will show it to one who is grateful, if you kill me you will kill one whose blood will be avenged, and if you want property and ask you will be given as much of it as you wish.” God's Messenger left him till the following day, and asked him, “What are you expecting, Thumama?” He replied, “I am expecting what I said to you. If you show favour you will show it to one who is grateful, if you kill me you will kill one whose blood will be avenged, and if you want property and ask you will be given as much of it as you wish.” God’s Messenger then said, “Set Thumama free.” He went off to some palm-trees near the mosque, and after bathing he entered the mosque and said, “I testify that there is no god but God, and I testify that Muhammad is His servant and Messenger. I swear by God, Muhammad, that there was no face on the face of the earth more hateful to me than yours, but your face has become the dearest of all to me. I swear by God that there was no religion more hateful to me than yours, but your religion has become the dearest of all to me. I swear by God that there was no town more hateful to me than yours, but your town has become the dearest of all to me. Your cavalry seized me when I was on my way to perform the umra, so what do you think I should do? God’s Messenger congratulated him and told him to perform the umra. When he came to Mecca someone asked him whether he had turned to folly* and he replied, “No, but I have accepted Islam along with God’s Messenger. I swear by God that not one grain of wheat will come to you from al-Yamama till God’s Messenger gives permission for it.” *Sabaut. The verb saba has as one of its meanings to turn to folly. It has been suggested that here it is used in the sense of the verb saba’a which means to change one’s religion. Final Hamza verbs very often do drop the Hamza, but they more normally follow the pattern of final ya’ verbs rather than final waw when they do so. Muslim transmitted it, and Bukhari gave it more concisely.

“When they wanted to dig a grave for the Messenger of Allah (SAW), they sent for Abu ‘Ubaidah bin Jarrah, who used to dig graves in the manner of the people of Makkah, and they sent for Abu Talhah, who used to dig graves for the people of Al-Madinah, and he used to make a niche in the grave. They sent two messengers to both of them, and they said: ‘O Allah, choose what is best for Your Messenger.’ They found Abu Talhah and brought him, but they did not find Abu ‘Ubaidah. So he dug a grave with a niche for the Messenger of Allah (SAW). When they had finished preparing him, on Tuesday, he was placed on his bed in his house. Then the people entered upon the Messenger of Allah (SAW) in groups and offered the funeral prayer for him, and when they finished the women entered, and when they finished the children entered, and no one led the people in offering the funeral prayer for the Messenger of Allah (SAW). The Muslims differed concerning the place where he should be buried. Some said that he should be buried in his mosque. Others said that he should be buried with his Companions. Then Abu Bakr said: ‘I heard the Messenger of Allah (SAW) say: “No Prophet ever passed away but he was buried where he died.” So they lifted up the bed of the Messenger of Allah (SAW) on which he had died, and dug the grave for him, then he (SAW) was buried in the middle of Tuesday night. ‘Ali bin Abu Talib, Fadl bin ‘Abbas and his brother Qutham, and Shuqran the freed slave of the Messenger of Allah (SAW) went down in his grave. Aws bin Khawli, who was Abu Laila, said to ‘Ali bin Abi Talib: ‘I adjure you by Allah! Give us our share of the Messenger of Allah (SAW).’ So ‘Ali said to him: ‘Come down.’ Shuqran, his freed slave, had taken a Qatifah which the Messenger of Allah (SAW) used to wear. He buried it in his grave and said, ‘By Allah, no one will ever wear it after you.’ So it was buried with the Messenger of Allah (SAW).”

‘Ubaid Allah bin ‘Abd Allah bin ‘Utbah said that his father wrote (a letter) to ‘Abd Allaah bin Al Arqam Al Zuhri asking him to visit Subai’ah daughter of Al Harith Al Aslamiyyah and ask her about her story and what the Apostle of Allaah(saws) said to her when she asked his opinion (about her). So, ‘Umar bin Abd allah wrote in reply to ‘Abd Allah bin ‘Utbah informing him what she told him. She told that she was under (i.e., the wife of) Sa’d bin Khawlah who belonged to Banu Amir bin Luwayy. He was one of those who participated in the battle of Badr. He died at the Farwell Pilgrimage while she was pregnant. Soon after his death she gave birth to a child. When she was purified from her bleeding after child birth she adorned herself for seekers in marriage. Then Abu Al Sanabil bin Ba’kah a man from Banu Abd Al Dar entered upon her and said to her “What is the matter seeing you adorned, perhaps you are seeking marriage? I swear by Allah you cannot marry until four months and ten days pass away. Saubai’ah said “When she said this to me, I gathered my clothes on me when the evening came and I came to the Apostle of Allaah(saws) and asked him about that. He told me that I became lawful when I had delivered a child. He suggested me to marry if I wished. Ibn Shihab said “I do not see any harm if she marries when she gives birth to the child, even though she had the bleeding after the child birth, but her husband should not have sexual intercourse till she is purified.

“A debt will be settled on the Day of Resurrection if the one who owes it dies, apart from three: A man who lost his strength fighting in the cause of Allah (SWT), so he borrows in order to become strong again to fighting in the cause of Allah (SWT), so he borrows in order to become strong again to fight the enemy of Allah (SWT) and his enemy. A man who sees a Muslims die and he cannot find anything with which to shroud him except by taking a loan. A man who sees a Muslim die and he cannot find anything with which to shroud him except, by taking a loan. A man who fears Allah (SWT) if he stays single, so he gets married for fear of (losing) his religious commitment. Allah will pay off the debt for these people on the Day of Resurrection.”

"The Prophet (Allah bless him and give him peace) used to be invited to a meal of barley bread and rancid oil, and he would accept the invitation. He once had a breastplate which was being held in pledge by a certain Jew, and he (the Prophet) died before he could repay the debt so as to release it from the Jew's possession.”

Al-Qasim ibn Muhammad reported that one of the Companions of Muhammad lost his eyesight and people visited him. He said, "I used to look at the Prophet, may Allah bless him and grant him peace, but now that the Prophet, may Allah bless him and grant him peace, has died, by Allah, what has happened to my eyes is as easy for me to bear as one of the gazelles of Tibala (in Yemen)."

"Do not confuse us about our Prophet's Sunnah: The period that a slave-woman, whose master dies, and she has begotten a child from him must wait for, is four months and ten days." [Reported by Ahmad, Abu Dawud and Ibn Majah. al-Hakim graded it Sahih (authentic), but ad-Daraqutni considered it defective due to Inqita' (broken link)].

"I (once) asked the Messenger of Allah (s.a.w) (for something) and he gave it to me. Then I asked him (again) and he gave it to me. Then I asked him (again) and he gave it to me. Then I asked him (again), so he gave it to me. Then he said: 'O Hakim! Indeed this wealth is green and sweet, so whoever takes it without asking for it, he will be blessed in it. And whoever takes it, insisting upon it, he will not be blessed in it. He is like the one who eats but does not get satisfied and contended. And the upper hand (giving) is better than the lower hand (receiving)." So Hakim said: "I said: 'O Messenger of Allah! By the One who sent you with the Truth! I shall not ask anyone for anything after you until I depart the world.'"So Abu Bakr used to call Hakim to give him something, but he refused to accept it. Then 'Umar called him to give to him, but he refused to accept it. So 'Umar said: "O you Muslims! I would like you to bear witness that I presented Hakim with his due of these spoils of war but he refused to accept it." So Hakim never asked anyone of the people for anything after the Messenger of Allah, until he died.

That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."

[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."

Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.

"I said to 'Uthman bin 'Affan: 'What was your reasoning with Al-Anfal - while it is from the Muthani (Surah with less than one-hundred Ayat), and Bara'ah while it is from the Mi'in (Surah with about one-hundred Ayat), then you put them together, without writing the line Bismillahir-Rahmanir-Rahim between them, and you placed them with the seven long (Surah) - why did you do that?' So 'Uthman said: 'A long time might pass upon the Messenger of Allah (SAW) without anything being revealed to him, and then sometimes a Surah with numerous (Ayat) might be revealed. So when something was revealed, he would call for someone who could write, and say: "Put these Ayat in the Surah which mentions this and that in it." When an Ayah was revealed, he would say: "Put this Ayah in the Surah which mentions this and that in it." Now Al-Anfal was among the first of those revealed in Al-Madinah, and Bara'ah among the last of those revealed of the Qur'an, and its narrations (those of Bara'ah) resembled its narrations (those of Al-Anfal), so we thought that it was part of it. Then the Messenger of Allah (SAW) died, and it was not made clear to us whether it was part of it. So it is for this reason that we put them together without writing Bismillahir-Rahmanir-Rahim between them, and we put that with the seven long (Surahs).'"

‘A’isha said that ‘Utba b. Abu Waqqas enjoined his brother Sa'd b. Abu Waqqas that the son of Zam'a's slave girl was his, and told him to look after him. In the year of the Conquest Sa'd took him, saying he was his brother’s son, but ‘Abd b. Zam'a claimed him as his brother. They made a simultaneous plea to God’s Messenger, Sa‘d saying, “Messenger of God, my brother has enjoined me regarding him,” and ‘Abd b. Zam'a saying, "He is my brother and the son of my father's slave girl, being born on his bed.” God’s Messenger then said, "He belongs to you, ‘Abd b. Zam'a, for the child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.”1 He then told Sauda daughter of Zam'a to veil herself from him because of the resemblance to ‘Utba which he saw in him, and he did not see her till he went into God’s presence.2 In a version he said, “He is your brother, ‘Abd b. Zam'a because he was born on his father’s bed.”3 1. Al-hajar. This might alternatively mean that the fornicator is to be stoned. 2. i.e., until he died. 3. This explanatory addition does not occur in Masabih as-sunna. (Bukhari and Muslim.)

Umm Salama reported the Prophet as saying, "Disagreement will occur at the death of a Caliph and a man of the people of Medina will come forth flying to Mecca. Some of the people of Mecca will come to him, bring him out against his will, and swear allegiance to him between the Corner[1] and the Maqam.[2] An expeditionary force will then be sent against him from Syria, but will be swallowed up in the desert between Mecca and Medina, and when the people see that, the high saints[3] of Syria and the best people of al-`Iraq will come to him and swear allegiance to him. Then will arise a man of Quraish whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expeditionary force of Kalb. He will then govern the people by the sunnah of their Prophet and establish Islam in the earth. He[4] will remain seven years, then die, and the Muslims will pray over him." 1. The corner of the Ka'ba containing the black stone. 2. i.e., Maqam Ibrahim. 3. The word is abdāl. These are righteous people whose number never diminishes, as each one is replaced when he dies. Abdal is the plural of badal which ordinarily means a substitute. I have used a free translation because a literal translation of the word would not convey any conception of the meaning. 4. i.e., the Mahdi. Abu Dawud transmitted it.

'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."