`Umar bin Al-Khattab said, "O Allah's Apostle! I vowed in the Pre-Islamic period to perform I`tikaf in Al-Masjid-al-Haram for one night." The Prophet said, "Fulfill your vow." So, he performed I`tikaf for one night.

A man of the Ansar called him and AbdurRahman ibn Awf and supplied them wine before it was prohibited. Ali then led them in the evening prayer, and he recited; "Say: O ye who reject faith." He was confused in it. Then the following verse came down: "O ye who believe! approach not prayers with a mind befogged until you can understand all that ye say.

Yahya said that Malik was asked, "Can a woman eat with other than her relative or slave?" Malik said, "There is no harm in that if it is in a manner which is accepted for a woman to eat with men."

Malik said, "A woman sometimes eats with her husband and with others he dines with or with her brother in the same way. It is disapproved of for a woman to be alone with a man when there is no relationship between them by blood, marriage or suckling that would prevent him marrying her."

Allah's Apostle entered Mecca (in the year of the Conquest) and there were three-hundred and sixty idols around the Ka`ba. He then started hitting them with a stick in his hand and say: 'Truth (i.e. Islam) has come and falsehood (disbelief) vanished. Truly falsehood (disbelief) is ever bound to vanish.' (17.81) 'Truth has come and falsehood (Iblis) can not create anything.' (34.49)

Yahya related to me from Malik from 'Abdullah ibn Dinar that Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade anyone in ihram to wear a garment which had been dyed with saffron or yellow dye, and said, 'Anyone that cannot find sandals can wear leather socks, but he should cut them off below the ankles.' "

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that.

Ibn Shihab said, "The killing of Ashyam was accidental."

Once the Prophet was offering the prayer in the shade of the Ka`ba. Abu Jahl and some Quraishi men sent somebody to bring the Abdominal contents of a shecamel which had been slaughtered somewhere in Mecca, and when he brought them, they put them over the Prophet Then Fatima (i.e. the Prophet's daughter) came and threw them away from him, and he said, "O Allah! Destroy (the pagans of) Quraish; O Allah! Destroy Quraish; O Allah Destroy Quraish," naming especially Abu Jahl bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al Walid bin `Utba, Ubai bin Khalaf and `Uqba bin Abi Mitt. (The narrator, `Abdullah added, "I saw them all killed and thrown in the Badr well).

Some people (i.e. the Jews of Bani bin Quraiza) agreed to accept the verdict of Sa`d bin Mu`adh so the Prophet sent for him (i.e. Sa`d bin Mu`adh). He came riding a donkey, and when he approached the Mosque, the Prophet said, "Get up for the best amongst you." or said, "Get up for your chief." Then the Prophet said, "O Sa`d! These people have agreed to accept your verdict." Sa`d said, "I judge that their warriors should be killed and their children and women should be taken as captives." The Prophet said, "You have given a judgment similar to Allah's Judgment (or the King's judgment).

That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed of it in the same manner as Allah's Apostle used to do, and all of you (at that time) knew all about it." Then `Umar turned towards `Ali and `Abbas and said, "You both remember that Abu Bakr disposed of it in the way you have described and Allah knows that, in that matter, he was sincere, pious, rightly guided and the follower of the right. Then Allah caused Abu Bakr to die and I said, 'I am the successor of Allah's Apostle and Abu Bakr.' So I kept this property in my possession for the first two years of my rule (i.e. Caliphate and I used to dispose of it in the same wa as Allah's Apostle and Abu Bakr used to do; and Allah knows that I have been sincere, pious, rightly guided an the follower of the right (in this matte Later on both of you (i.e. `Ali and `Abbas) came to me, and the claim of you both was one and the same, O `Abbas! You also came to me. So I told you both that Allah's Apostle said, "Our property is not inherited, but whatever we leave is to be given in charity.' Then when I thought that I should better hand over this property to you both or the condition that you will promise and pledge before Allah that you will dispose it off in the same way as Allah's Apostle and Abu Bakr did and as I have done since the beginning of my caliphate or else you should not speak to me (about it).' So, both of you said to me, 'Hand it over to us on this condition.' And on this condition I handed it over to you. Do you want me now to give a decision other than that (decision)? By Allah, with Whose Permission both the sky and the earth stand fast, I will never give any decision other than that (decision) till the Last Hour is established. But if you are unable to manage it (i.e. that property), then return it to me, and I will manage on your behalf." The sub-narrator said, "I told `Urwa bin Az-Zubair of this Hadith and he said, 'Malik bin Aus has told the truth" I heard `Aisha, the wife of the Prophet saying, 'The wives of the Prophet sent `Uthman to Abu Bakr demanding from him their 1/8 of the Fai which Allah had granted to his Apostle. But I used to oppose them and say to them: Will you not fear Allah? Don't you know that the Prophet used to say: Our property is not inherited, but whatever we leave is to be given in charity? The Prophet mentioned that regarding himself. He added: 'The family of Muhammad can take their sustenance from this property. So the wives of the Prophet stopped demanding it when I told them of that.' So, this property (of Sadaqa) was in the hands of `Ali who withheld it from `Abbas and overpowered him. Then it came in the hands of Hasan bin `Ali, then in the hands of Husain bin `Ali, and then in the hands of `Ali bin Husain and Hasan bin Hasan, and each of the last two used to manage it in turn, then it came in the hands of Zaid bin Hasan, and it was truly the Sadaqa of Allah's Apostle ."

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

I visited Allah's Apostle while he was suffering from a high fever. I touched him with my hand and said, "O Allah's Apostle! You have a high fever." Allah's Apostle said, "Yes, I have as much fever as two men of you have." I said, "Is it because you will get a double reward?" Allah's Apostle said, "Yes, no Muslim is afflicted with harm because of sickness or some other inconvenience, but that Allah will remove his sins for him as a tree sheds its leaves."

A priest from the Jews came (to the Prophet) and said, "On the Day of Resurrection, Allah will place all the heavens on one finger, and the Earth on one finger, and the waters and the land on one finger, and all the creation on one finger, and then He will shake them and say. 'I am the King! I am the King!'" I saw the Prophet smiling till his premolar teeth became visible expressing his amazement and his belief in what he had said. Then the Prophet recited: 'No just estimate have they made of Allah such as due to Him (up to)...; High is He above the partners they attribute to Him.' (39.67)

Allah's Apostle said, "My example and the example o the people is like that of a person who lit a fire and let the moths, butterflies and these insects fall in it." He also said, "There were two women, each of whom had a child with her. A wolf came and took away the child of one of them, whereupon the other said, 'It has taken your child.' The first said, 'But it has taken your child.' So they both carried the case before David who judged that the living child be given to the elder lady. So both of them went to Solomon bin David and informed him (of the case). He said, 'Bring me a knife so as to cut the child into two pieces and distribute it between them.' The younger lady said, 'May Allah be merciful to you! Don't do that, for it is her (i.e. the other lady's) child.' So he gave the child to the younger lady."

Yahya related to me from Malik from Ibn Shihab from Uthman ibn Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said to her, 'You have nothing in the Book of Allah, and I do not know that you have anything in the sunna of the Messenger of Allah, may Allah bless him and grant him peace. Go away therefore, until I have questioned the people.' (i.e.the Companions). He questioned the people, and al-Mughira ibn Shuba said, 'I was present with the Messenger of Allah, may Allah bless him and grant him peace, when he gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else with you?' Muhammad ibn Maslama al-Ansari stood up and said the like of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the other grandmother came to Umar ibn al-Khattab and asked him for her inheritance. He said to her, "You have nothing in the Book of Allah, and what has been decided is only for other than you, and I am not one to add to the fixed shares, other than that sixth. If there are two of you together, it is between you. If eitherof you is left alone with it, it is hers."

Allah's Apostle said to Abu Talha, "Seek one of your boys to serve me." Abu Talha mounted me behind him (on his riding animal) and took me (to the Prophet ). So I used to serve Allah's Apostle whenever he dismounted (to stay somewhere). I used to hear him saying very often, "O Allah! I seek refuge with You from, having worries sadness, helplessness, laziness, miserliness, cowardice, from being heavily in debt and from being overpowered by other persons unjustly." I kept on serving till we -returned from the battle of Khaibar. The Prophet then brought Safiyya bint Huyai whom he had won from the war booty. I saw him folding up a gown or a garment for her to sit on behind him (on his shecamel). When he reached As-Sahba', he prepared Hais and placed it on a dining sheet. Then he sent me to invite men, who (came and) ate; and that was his and Safiyya's wedding banquet. Then the Prophet proceeded, and when he saw (noticed) the mountain of Uhud, he said, "This mountain loves us, and we love it." When we approached Medina, he said, "O Allah! I make the area between its two mountains a sanctuary as Abraham has made Mecca a sanctuary. O Allah! Bless their Mudd and Sa (special kinds of measure).

The Prophet said to Abu Talha, "Choose one of your boys to serve me." So Abu Talha took me (to serve the Prophet ) by giving me a ride behind him (on his camel). So I used to serve Allah's Apostle whenever he stayed somewhere. I used to hear him saying, "O Allah! I seek refuge with you (Allah) from (worries) care and grief, from incapacity and laziness, from miserliness and cowardice, from being heavily in debt and from being overpowered by other men." I kept on serving him till he returned from (the battle of) Khaibar. He then brought Safiya, the daughter of Huyay whom he had got (from the booty). I saw him making a kind of cushion with a cloak or a garment for her. He then let her ride behind him. When we reached a place called As-Sahba', he prepared (a special meal called) Hais, and asked me to invite the men who (came and) ate, and that was the marriage banquet given on the consummation of his marriage to her. Then he proceeded till the mountain of Uhud appeared, whereupon he said, "This mountain loves us and we love it." When he approached Medina, he said, "O Allah! I make the land between its (i.e., Medina's) two mountains a sanctuary, as the prophet Abraham made Mecca a sanctuary. O Allah! Bless them (the people of Medina) in their Mudd and the Sa' (units of measuring).

That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (saws) and said: "O Messenger of Allah! Stop him (from making purchases)." So Allah's Prophet (saws) called him to prohibit him, and he said: "O Messenger of Allah! I have no patience for business." So he said: "When you are buying, say: 'Hand to hand, and no cheating.'"

[Abu 'Eisa said:] There is a narration on this topic from Ibn 'Umar.

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

I entered the Mosque and saw Abu Sa`id Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Sa`id said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."

I heard the Messenger of Allah (saws) say: When two persons go together for relieving themselves uncovering their private parts and talking together, Allah, the Great and Majestic, becomes wrathful at this (action).

Abu Dawud said: This tradition has been narrated only by 'Ikrimah b. 'Ammar.

The Prophet ascended the mountain of Uhud and Abu Bakr, `Umar and `Uthman were accompanying him. The mountain gave a shake (i.e. trembled underneath them) . The Prophet said, "O Uhud ! Be calm." I think that the Prophet hit it with his foot, adding, "For upon you there are none but a Prophet, a Siddiq and two martyrs."

One of `Abdullah's sons said to `Abdullah (bin `Umar) "I wish you would stay this year (and not perform Hajj) as I am afraid that you will not be able to reach the Ka`ba." On that he (i.e. `Abdullah bin `Umar) said, "We went out with the Prophet (for `Umra), and when the Quraish infidel intervened between us and the Ka`ba, the Prophet slaughtered his Hadi and shaved (his head), and his companions cut short their hair." Then `Abdullah bin `Umar said, "I make you witness that I have intended to perform `Umra and if I am allowed to reach the Ka`ba, I will perform the Tawaf, and if something (i.e. obstacles) intervene between me and the Ka`ba, then I will do what Allah's Apostle did." Then after going for a while, he said, "I consider the ceremonies (of both `Umra and Hajj as one and the same, so I would like you to witness that I have intended to perform Hajj along with my `Umra." So he performed only one Tawaf and one Sai (between Safa and Marwa) and finished the Ihram of both Umra and Hajj).

that he was asked about the wages of the one who cups others. He said, 'Allah's Apostle was cupped by `Abd Taiba, to whom he gave two Sa of food and interceded for him with his masters who consequently reduced what they used to charge him daily. Then the Prophet s said, "The best medicines you may treat yourselves with are cupping and sea incense.' He added, "You should not torture your children by treating tonsillitis by pressing the tonsils or the palate with the finger, but use incense."

Allah's Apostle ordered us to do seven (things): to visit the sick, to follow the funeral processions, to say Tashmit to a sneezer, to help the weak, to help the oppressed ones, to propagate As-Salam (greeting), and to help others to fulfill their oaths (if it is not sinful). He forbade us to drink from silver utensils, to wear gold rings, to ride on silken saddles, to wear silk clothes, Dibaj (thick silk cloth), Qassiy and Istabraq (two kinds of silk). (See Hadith No. 539, Vol. 7)

We were in the company of the Prophet at a banquet and a cooked (mutton) forearm was set before him, and he used to like it. He ate a morsel of it and said, "I will be the chief of all the people on the Day of Resurrection. Do you know how Allah will gather all the first and the last (people) in one level place where an observer will be able to see (all) of them and they will be able to hear the announcer, and the sun will come near to them. Some People will say: Don't you see, in what condition you are and the state to which you have reached? Why don't you look for a person who can intercede for you with your Lord? Some people will say: Appeal to your father, Adam.' They will go to him and say: 'O Adam! You are the father of all mankind, and Allah created you with His Own Hands, and ordered the angels to prostrate for you, and made you live in Paradise. Will you not intercede for us with your Lord? Don't you see in what (miserable) state we are, and to what condition we have reached?' On that Adam will reply, 'My Lord is so angry as He has never been before and will never be in the future; (besides), He forbade me (to eat from) the tree, but I disobeyed (Him), (I am worried about) myself! Myself! Go to somebody else; go to Noah.' They will go to Noah and say; 'O Noah! You are the first amongst the messengers of Allah to the people of the earth, and Allah named you a thankful slave. Don't you see in what a (miserable) state we are and to what condition we have reached? Will you not intercede for us with your Lord? Noah will reply: 'Today my Lord has become so angry as he had never been before and will never be in the future Myself! Myself! Go to the Prophet (Muhammad). The people will come to me, and I will prostrate myself underneath Allah's Throne. Then I will be addressed: 'O Muhammad! Raise your head; intercede, for your intercession will be accepted, and ask (for anything). for you will be given. "

When the news of the arrival of the Prophet at Medina reached `Abdullah bin Salam, he went to him to ask him about certain things, He said, "I am going to ask you about three things which only a Prophet can answer: What is the first sign of The Hour? What is the first food which the people of Paradise will eat? Why does a child attract the similarity to his father or to his mother?" The Prophet replied, "Gabriel has just now informed me of that." Ibn Salam said, "He (i.e. Gabriel) is the enemy of the Jews amongst the angels. The Prophet said, "As for the first sign of The Hour, it will be a fire that will collect the people from the East to the West. As for the first meal which the people of Paradise will eat, it will be the caudate (extra) lobe of the fish-liver. As for the child, if the man's discharge proceeds the woman's discharge, the child attracts the similarity to the man, and if the woman's discharge proceeds the man's, then the child attracts the similarity to the woman." On this, `Abdullah bin Salam said, "I testify that None has the right to be worshipped except Allah, and that you are the Apostle of Allah." and added, "O Allah's Apostle! Jews invent such lies as make one astonished, so please ask them about me before they know about my conversion to I slam . " The Jews came, and the Prophet said, "What kind of man is `Abdullah bin Salam among you?" They replied, "The best of us and the son of the best of us and the most superior among us, and the son of the most superior among us. "The Prophet said, "What would you think if `Abdullah bin Salam should embrace Islam?" They said, "May Allah protect him from that." The Prophet repeated his question and they gave the same answer. Then `Abdullah came out to them and said, "I testify that None has the right to be worshipped except Allah and that Muhammad is the Apostle of Allah!" On this, the Jews said, "He is the most wicked among us and the son of the most wicked among us." So they degraded him. On this, he (i.e. `Abdullah bin Salam) said, "It is this that I was afraid of, O Allah's Apostle.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

It was narrated that Qatadah said: I heard Abu `Uthman an-Nahdi say: The letter of ‘Umar came to us...

"Allah's Apostle, Usama bin Zaid, Bilal, and `Uthman bin abu Talha entered the Ka`ba and then closed its door. When they opened the door I was the first person to enter (the Ka`ba). I met Bilal and asked him, "Did Allah's Apostle offer a prayer inside (the Ka`ba)?" Bilal replied in the affirmative and said, "(The Prophet offered the prayer) in between the two right pillars."

Whenever Allah's Apostle became ill, he used to recite the Muawidhatan (i.e. the last two surahs of the Qur'an) and blow his breath over himself (after their recitation ) and rubbed his hands over his body. So when he was afflicted with his fatal illness. I started reciting the Muawidhatan and blowing my breath over him as he used to do and then I rubbed the hand of the Prophet over his body.

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.