“Whoever commits a sin in this world and is punished for it, Allah (STW) is too just to repeat the punishment for his slave (in the hereafter). And whoever commits a sin in this world and Allah conceals him, Allah is too generous to go back to something that He has pardoned.”

“A man killed his slave deliberately and with malice aforethought, so the Messenger of Allah (SAW) gave him one hundred lashes, banished him for one year, and cancelled his share from among the Muslims.”

“The Messenger of Allah (saw) stood (in prayer) until his feet became swollen. It was said: ‘O Messenger of Allah, Allah has forgiven you your past and future sins.’ He said: ‘Should I not be a thankful slave?’”

“The Messenger of Allah (saw) used to visit the sick, attend funerals, accept the invitations of slaves and ride donkeys. On the day (of the battle) of Quraizah and Nadir, he was riding a donkey. On the day of Khaibar he was riding a donkey that was bridled with palmfibers and beneath him was a packsaddle made of palmfibers.”

Yahya related to me from Malik from Muhammad ibn Umara from Muhammad ibn Ibrahim that the mother of the son of Ibrahim ibn Abd ar- Rahman ibn Awf questioned Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and said, "I am a woman who wears a long skirt and (sometimes) I walk in dirty places." Umm Salama replied, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'What follows (i.e. clean places) purifies it.' "

Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman told him from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the imam says 'Amin', say 'Amin', for the one whose 'Amin' coincides with the 'Amin' of the angels - his previous wrong actions are forgiven him."

Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, used to say 'Aameen' (extending it)."

the complete and correct performance of wudu in adverse conditions, a great number of steps towards the mosque,and waiting after one prayer for the next prayer. That is the firm hold, that is the firm hold, that is the firm hold."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Amongst what was sent down of the Qur'an was 'ten known sucklings make haram' - then it was abrogated by 'five known sucklings'. When the Messenger of Allah, may Allah bless him and grant him peace, died, it was what is now recited of the Qur'an."

Yahya said that Malik said, "One does not act on this."

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid."

Malik said, "This is my opinion as well."

Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that some men from Iraq said to him, "Abu Abd ar-Rahman, we buy the fruit of the palm and grapes and we squeeze them into wine and we sell it." Abdullah ibn Umar said, "I call on Allah and His angels and whoever hears of jinn and men to testify to you that I order you not to buy it nor sell it nor to press it nor to drink it nor to give it to people to drink. It is something impure from the work of Shaytan."

Yahya related to me from Malik from Ibn Shihab that Humay ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar in the year that he performed the hajj, holding a lock of hair (i.e. a hairpiece) which he took from one of his guards, "People of Madina! Where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, forbid the like of this, saying, 'The Banu Israil were destroyed when their women started to use this.' "

"Some of the poor people came to Allah's Messenger (S) and said: 'O Messenger of Allah (S)! The rich pray as we pray, they fast as we fast, but they have wealth with which they free slaves and which they give in charity.' He said: 'When you perform Salat, then say: 'Subhan Allah' thirty-three times, and: 'Al-Hamdulillah' thirty-three times, and: 'Allahu Akbar' thirty-four times, and 'La ilaha illallah' ten times. With that you will have surprassed them, and none would surpass you afterwards.'"

"Marwan left Abu Hurairah in charge of Al-Madinah and he went to Makkah. So Abu Hurairah led us in Salat in Friday, reciting Surah Al-Jumuah (in the first Rak'ah) and in the second prostration (Rak'ah): When the hypocrites come to you." Ubaidullah said: "So I caught up with Abu Hurairah and said to him: 'You recited two Surah that Ali recited in Al-Kufah. Abu Hurairah said: 'Indeed I heard Allah's Messenger reciting them.'"

That the Prophet (saws) said: "Indeed Allah is pleased with the slave who, upon eating his food or drinking his drink, he praises Him for it."

He said: There are narrations on this topic from 'Uqbah bin 'Amir, Abu Sa'eed, 'Aishah, Abu Ayyub, and Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Hasan. More than one narrator has reported it from Zakariyya bin Abi Za'idah similarly, and we do not know of it except through the narration of Zakariyya bin Abi Za'idah.

that a freed a slave girl of his came to him, and said: "Times have become hard on me and I want to go to Al-'Iraq." He said: "Why not to Ash-Sham the land of the resurrection? Have patience you foolish lady; I heard the Messenger of Allah (SAW) say: 'Whoever endures its hardships and difficulties (Al-Madinah) then I will be a witness, or an intercessor for him on the Day of Judgement." [He said:] There are narrations on this topic from Abu Sa'eed, Sufyan bin Abi Zuhair, and Subai'ah Al-Aslamiyyah.

To us (saying): Waki' narrated to us (saying): Sufyan reported to us from 'Abdul-Malik bin 'Umair, from a freed slave of Rib'i bin Hirash, from Hudhaifah who said: "We were sitting with the Prophet SAW and he said: "I do not know how long I will be with you, so stick to the two after me,' and he signaled towards Abu Bakr and 'Umar- 'And act upon the guidance of 'Ammar, and whatever Ibn Mas'ud reports to you, then believe him.'"

Whenever the Messenger of Allah (PBUH) intended to go to sleep, he would place his right hand under his (right) cheek and supplicate: "Allahumma qini 'adhabaka yauma tab'athu 'ibadaka (O Allah! Guard me against Your punishment on the Day when You will resurrect Your slaves)."

[At-Tirmidhi].

In a narration in Abu Dawud, Hafsah (May Allah be pleased with her) said: Before going to sleep the Messenger of Allah (PBUH) would recite this Du'a three times.

The Messenger of Allah (PBUH) said, "There are angels who take turns in visiting you by night and by day, and they all assemble at the dawn (Fajr) and the afternoon ('Asr) prayers. Those who have spent the night with you, ascend to the heaven and their Rubb, Who knows better about them, asks: 'In what condition did you leave My slaves?' They reply: 'We left them while they were performing Salat and we went to them while they were performing Salat."'

[Al-Bukhari and Muslim].

The Messenger of Allah (PBUH) said, "You must not supplicate: 'O Allah! forgive me if You wish; O Allah bestow mercy on me if You wish.' But beg from Allah with certitude for no one has the power to compel Allah."

[Al-Bukhari and Muslim]

Another narration of Muslim is: "A supplication should be made in full confidence and one should persistently express his desire (before Allah) in his supplication, for no bounty is too great for Allah to bestow (upon his slaves)."

I came to Madinah and met Aslam, the freed slave of `Umar bin al-Khattab. I said. Tell me(a report)from `Umar. He said: I cannot, I am afraid that I will add or subtract something. If we said to ‘Umar, Tell us something from the Messenger of Allah (ﷺ), he would say: I am afraid that I may add or subtract a letter. The Messenger of Allah (ﷺ) said: “Whoever tells a lie about me will be in Hell.`

We came to ‘Ali (رضي الله عنه) when he had prayed. He called for a jug, then he rinsed his mouth three times, and rinsed his nose three times. He rinsed his mouth from the hand that held the water. And he washed his face three times, his right arm three times and his left arm three times. Then he said: Whoever would like to know how the Messenger of Allah (ﷺ) did wudoo’, this is it.

“When her postpartum bleeding stops, give her the hadd punishment of flogging.” Then he said: “Carry out the hadd punishment on those whom your right hands possess.”

‘Abd ar-Rahman b. Ka’b b. Malik said that Mu'adh b. Jabal was a generous young man who could save nothing and was always borrowing, so that he expended all his property on his debts. He went to the Prophet and asked him to speak to his creditors, and if they would have remitted debts to anyone they would have done it to Mu'adh for God’s Messenger’s sake, but God’s Messenger sold them his property with the result that Mu'adh had nothing left. Sa'id transmitted it in his Sunan in mursal form.

Barira’s husband was a negro slave called Mughith whom I can still picture going round behind her in the streets of Medina weeping with the tears flowing on his beard. The Prophet said to al- ‘Abbas, “Are you not astonished, ‘Abbas, at Mughith’s love; of Barira and Barira’s hatred of Mughith?" The Prophet expressed a wish that she would take him back, but when she asked whether he was giving her a command and he replied that he was merely interceding, she said, “I have no need of him.” Bukhari transmitted it.

Abu Bakr b. ‘Abd ar-Rahman told that when God’s Messenger married Umm Salama he said to her in the morning, “You are not being humbled in my estimation. If you wish I shall stay with you seven nights as I did with my other wives, but if you wish I shall stay three and then visit my wives in turn.” She replied, “Stay three nights.” In a version he said, “The virgin gets seven nights and the woman who has had a previous husband three.” Muslim transmitted it.

‘Abd ar-Rahman b. Abu Bakra said that he remarked to his father that he had heard him say every morning, “O God, grant me soundness in my body; O God, grant me soundness in my hearing; O God, grant me soundness in my sight. There is no god but Thee and that he repeated it three times morning and evening. He replied, "Sonny, I heard God’s messenger using these words as a supplication and I like to follow his practice." Abu Dawud transmitted it.

I came to God’s messenger wearing a poor garment and he asked me whether I had any property. When I replied that I had, he asked me what kind it was, and I said, "Every kind; God has given me camels, cattle, sheep, horses and slaves.” He then said, “When God gives you property let the mark of His favour and honour to you be seen.” Ahmad and Nasa'i transmitted it. In Sharh as-sunna it has the wording in al-Masabih.

Abul ‘Ushara’* quoted his father as telling that he said, “Is the slaughtering to be done, messenger of God, only in the throat and the upper part of the breast?” He replied, “If you pierced its thigh that would serve you.” *He was Usama b. Malik b. Qahtam (or Qahtam). See Ibn *Abd al-Barr. Isti'ab, p. 246, No. 10S9. Tirmidhi, Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. Abu Dawud said this is the way to slaughter an animal which has fallen into a well, and Tirmidhi said it is in case of necessity.

A’ishah wife of the Prophet(saws) and Umm Salamah said “Abu Hudaifah bin ‘Utbah bin Rabi’ah bin ‘Abd Shams adopted Salim as his son and married him to his niece Hind, daughter of Al Walid bin ‘Utbah bin Rabi’ah. He (Salim) was the freed slave of a woman from the Ansar (the Helpers) as the Apostle of Allaah(saws) adopted Zaid as his son. In pre Islamic days when anyone adopted a man as his son, the people called him by his name and he was given a share from his inheritance. Allaah, the Exalted, revealed about this matter “Call them by (the name of) their fathers, that is juster in the sight of Allaah. And if ye know not their fathers, then (they are) your brethren in the faith and your clients. They were then called by their names of their fathers. A man, whose father was not known, remained under the protection of someone and considered brother in faith. Sahlah daughter of Suhail bin Amr Al Quraishi then came and said Apostle of Allaah(saws), we used to consider Salim(our) son. He dwelled with me and Abu Hudhaifah in the same house, and he saw me in the short clothes, but Allaah the Exalted, has revealed about them what you know, then what is your opinion about him? The Prophet (saws) said give him your breast feed. She gave him five breast feeds. He then became like her foster son. Hence, A’ishah(may Allaah be pleased with her) used to ask the daughters of her sisters and the daughters of her brethren to give him breast feed five times, whom A’ishah wanted to see and who wanted to visit her. Though he might be of age; he then visited her. But Umm Salamah and all other wives of the Prophet (saws) refused to allow anyone to visit them on the basis of such breast feeding unless one was given breast feed during infancy. They told A’ishah by Allaah we do not know whether that was a special concession granted by the Prophet (saws) to Salim exclusive of the people.

The Messenger of Allah (saws) sent us on foot to get spoil, but we returned without getting any. When he saw the signs of distress on our faces, he stood up on our faces and said: O Allah, do not put them under my care, for I would be too weak to care for them; do not put them in care of themselves, for they would be incapable of that, and do not put them in the care of men, for they would choose the best things for themselves. He then placed his hand on my head and said: Ibn Hawalah, when you see the caliphate has settled in the holy land, earthquakes, sorrows and serious matters will have drawn near and on that day the Last Hour will be nearer to mankind than this hand of mine is to your head.

Abu Dawud said: 'Abd Allah b. Hawalah belongs to Hims.

My uncle sent me and his slave to Sa'id ibn al-Musayyab. We said to him, there is something which has reached us about sharecropping. He replied: Ibn Umar did not see any harm in it until a tradition reached him from Rafi' ibn Khadij. He then came to him and Rafi' told him that the Messenger of Allah (saws) came to Banu Harithah and saw crop in the land of Zuhayr. He said: What an excellent crop of Zuhayr is! They said: It does not belong to Zuhayr. He asked: Is this not the land of Zuhayr? They said: Yes, but the crop belongs to so-and-so. He said: Take your crop and give him the wages. Rafi' said: We took our crop and gave him the wages. Sa'id (ibn al-Musayyab) said: Lend your brother or employ him for dirhams.

We fought one of our battle, and encamped at a certain place. One of our companions sold a horse for a slave. After that they remained there for the rest of day and night. When the next morning came, they prepared themselves for departure. The buyer of the horse began to saddle it, but the seller was ashamed (of the transaction). He went to the man (buyer) and asked him to annul the transaction. The man refused to hand it over (the horse) to him.

He said: AbuBarzah, the companion of the Prophet (saws), is to decide between me and you. They went to AbuBarzah in the corner of the army. They related this story to him.

He said: Do you agree that I make a decision between you on the basis of the decision of the Messenger of Allah (saws)?

The Messenger of Allah (saws) said: Both parties in a business transaction have an option (right) to annul it so long as they have not separated.

Hisham to Hassan said that Jamil said in his version: "I do not think that you separated."

The Prophet (saws) said: If anyone is called by my name, he must not be given my kunyah (surname), and if anyone uses my kunyah (surname), he must not be called by my name.

Abu Dawud said: Ibn 'Ajlan transmitted it to the same effect from his father on the authority if Abu Hurairah. It has also been transmitted by Abu Zar'ah from Abu Hurairah in two different versions. And similar is the version of 'Abd al-Rahman b. Abi 'Amrah from Abu Hurairah. This version is disputed: Al-Thawri and Ibn Juraij transmitted it according to the version of Abu al-Zubair; and Ma'qil b. 'Ubaid Allah transmitted it according to the version of Ibn Sirin. It is again dispted on Musa b. Yasar from Abu Hurariah, transmitting it in two versions: Hammad b. Khalid and Ibn Abi Fudaik varied in their versions.

The Messenger of Allah (saws) said: If anyone says in the morning: "There is no god but Allah alone Who has no partner; to Him belong the dominions, to Him praise is due, and He is Omnipotent," he will have a reward equivalent to that for setting free a slave from among the descendants of Isma'il. He will have ten good deeds recorded for him, ten evil deeds deducted from him, he will be advanced ten degrees, and will be guarded from the Devil till the evening. If he says them in the evening, he will have a similar recompense till the morning.

The version of Hammad says: A man saw the Messenger of Allah (saws) in a dream and said: Messenger of Allah! AbuAyyash is relating such and such on your authority.

He said: AbuAyyash has spoken the truth.

Abu Dawud said: Isma'il b. Ja'far, Musa al-Zim'i and 'Adb Allah b. Ja'far transmitted it from Suhail, from his father on the authority of Ibn 'A'ish.

When the Messenger of Allah(May peace be upon him) lived among us, we use to bring forth zakat, on closing the fast of Ramadan one sa’ of grain or of cheese, or of barley, or of dried dates, or of raisens, payable by every young and old freeman and slave. We continued to pay this till mu-awayah came to perform Haj or Umra and he spoke to the people on the pulpit. What he said to the people was : I think that Mudds of the wheat of syrria is equivalent to one sa’ of dried dates. So the people adopted it. Abu sa’id said : But I continued to pay one sa’ of wheat as long as I lived on.

Abu Dawud said : this tradition has also been transmitted by Abu sa’id through a different chain of narrators to the same effect. A man has narrated in this version from Ibn-Ulayyah one sa’ of wheat. But this version is not guarded.

The Jews brought a man and a woman of them who had committed fornication. He said: Bring me two learned men or yours. So they brought the two sons of Suriya. He adjured them and said: How do you think about the matter if these two persons bear witness to the effect that they have seen his sexual organ in her female organ (penetrated) like a collyrium stick when enclosed in its case, they will be stoned to death. He asked: What is there which prevents you from stoning them: They replied : Our rule has gone, so we disapproved of killing. The Messenger of Allah (saws) then called four witnesses. They brought four witnesses. Who testified that they had seen his sexual organ (penetrated) in her female organ like a collyrium stick when enclosed in its case. The Prophet (saws) then gave orders for stoning them.

The Prophet (saws) gave a beating with palm-branches and sandals for drinking wine and Abu Bakr gave lashes. When ‘Umar came to power, he called upon people and said to them: The people are living now near watering placing, and, according to Musaddad’s version, “near villages and watering places, so what do you say about the punishment for (drinking) wine? ‘Abd al-Rahman b. ‘Awf said: We think that you should prescribe the lightest punishment. So he fixed eight lashes for it.

Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (saws) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (saws). This version has: He gave a beating with two palm-branches about forty times.

'Umar got some land in Khaibar, and when to the Prophet (saws) and said: I have acquired land in Khaibar which I consider to be more valuable than any I have acquired ; so what do you command me to do with it ? He replied: If you wish, you may make the property as inalienable possession, and give its produce as sadaqah (charity). So 'Umar gave it as a sadaqah declaring that the property must not be sold, given away, or inherited : (and gave its produce as sadaqah to be devoted) to poor, relatives, the emancipation of slaves, Allah's path, travellers. The narrator Bishr added: "and guests". Then the agreed version goes: No sin being committed by the one who administers it if he eats something from it in a reasonable manner, or gives something to a friend, who does not make his own property. The narrator Bishr added: "(provided) he is not storing-up goods (for himself)".

we stood for praying at Mina when the Imam had not come out. Some of us sat down (and I too). An old man from Kufah said to me: Why did you down? I said : Ibn Buraidah, this is Sumud (i.e., waiting for the Imam in the standing condition). The old man then narrated a tradition from ‘Abd al-Rahman b. ‘Awaajah on the authority of al-Bara’ b. ‘Azib: We would stand in rows during the time of the Messenger of Allah (may peace be upon him) for a long time before he pronounced Takbir. He further said; Allah, the Exalted and Mighty, sends blessings and the angles invoke blessings for those who are nearer to the front rows. No step is more liking to Allah than a step which one takes to join the row (of the prayer).

I saw ‘ Uthman’ b. ‘Affan while he performed ablution. He poured water over his hands three times and then washed them. He then rinsed his mouth and then cleansed his nose with water (three times). He then washed his right arm up to the elbow three times, then washed his left arm in a similar manner; then wiped his head; then washed his right foot three times, then washed his left foot in a similar manner, and then said : I saw the Messenger of Allah (may peace be upon him) performing ablution like this ablution of mine. Then he (the Prophet) said: He who performs ablution like this ablution of mine and then offered two rakhahs of prayer without allowing his thoughts to be distracted, Allah will pardon all his past sins.

‘Abd Allaah bin Jafar said “The Apostle of Allaah(saws) seated me behind him(on his ride) one day, and told me secretly a thing asking me not to tell it to anyone. The place for easing dearer to the Apostle of Allaah(saws) was a mound or host of palm trees by which he could conceal himself. He entered the garden of a man from the Ansar(Helpers). All of a sudden when a Camel saw the Prophet (saws) it wept tenderly producing yearning sound and it eyes flowed. The Prophet (saws) came to it and wiped the temple of its head. So it kept silence. He then said “Who is the master of this Camel? Whose Camel is this? A young man from the Ansar came and said “This is mine, Apostle of Allaah(saws).” He said “Don’t you fear Allaah about this beast which Allaah has given in your possession. It has complained to me that you keep it hungry and load it heavily which fatigues it.”

when we (prayed and) sat up during prayer along the Messenger of Allah (may peach be upon him), we said: “Peace be to Allah before it is supplicated for His servants; peace be to so and so. “The Messenger of Allah (may peace be upon him) said: Do not say “Peace be to Allah ,”for Allah Himself is peace. When one of you sits(during the prayer), he should say: The adoration of the tongue are due to Allah, and acts of worship and all good things. Peace be upon you, O Prophet, and Allah’s mercy and His blessings. Peace be upon us and upon Allah’s upright servants. When you say that, it reaches every upright servant in heavens and earth or between heavens and earth. I testify that there is no god but Allah, and I testify that Muhammad is His servant and apostle. Then he may choose any supplication which pleases him and offer it.

‘Umar b. al-Khattab saw a silken suit sold at the gate of the mosque. He said: Messenger of Allah, would that you purchase this suit and wear it on Friday and on the occasion when a delegation (from the outside) comes to you. The Messenger of Allah (may peace be upon him) said: One who has no share in the afterlife will put on this (suit). Afterwards suits of similar nature were brought to the Messenger of Allah (may peace be upon him). He gave ‘Umar b. al-Khattab one of these suits. ‘Umar said: Messenger of Allah, you are giving it to me for use while you had told me such-and-such about the suit of ‘Utarid (I.e. sold by ‘Utarid). The Messenger of Allah (may peace be upon him) said: I did not give it to you that you should wear it. Hence ‘Umar gave it to his brother who was a disbeliever at Mecca for wearing.

“Whoever commits adultery with a slave woman or a free woman, his child is illegitimate, and he cannot inherit from him or be inherited from (i.e., this child cannot inherit from him).”

“I heard Abu Dharr say: ‘The Prophet (saw) stood reciting a Verse and repeating it until morning came. That Verse was: “If you punish them, they are Your slaves, and if You forgive them, verily You, only You, are the All- Mighty, the All-Wise.’”” [5:118]

“I came to the Messenger of Allah (saw) and said: ‘O Messenger of Allah, who became a Muslim with you?’ He said: ‘A free man and a slave.’ I said: ‘Is there any hour of the night that is closer to Allah than another?’ He said: ‘Yes, the last half of the night.’”

"The Prophet (SAW) taught us Khutbat Al-Hajah: Alhamduu lillahi nasta'inuhu wa nastagfiruhu, wa na'udhu billahi min shururi anfusina wa sayi'ati a'malina. Man yahdihillahu fala mudilla lahu wa man yudlil fala hadiya lahu. Wa ashhadu an la ilaha illallahu wa ashhadu anna Muhammadan 'abduhu wa rasuluhu. (Praise be to Allah, we seek His help and His forgiveness. We seek refuge in Allah from the evil of our own souls and from our bad deeds. Whomsoever Allah guides will never be led astray,and whomsoever Allah leaves astray, no one can guide. I bear witness that there is none worthy of worship except Allah, and I bear witness that Muhammad is His slave and Messenger.) Then he recited the following three verses: O you who believe! Fear Allah as He should be feared, and die not except as Muslims; O Mankind! Be dutiful to your Lord, Who created you from a single person, and from him he created his wife, and from them he created many men and women, and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever an All-Watcher over you); O you who believe! Keep your duty to Allah and fear Him, and speak (always) the truth.)"

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.

Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."

Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."

Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."

Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."

Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."

Abu Hurayra reported that the Messenger of Allah, may Allah bless him and grant him peace, said, "The dust of the path of Allah and the smoke of Hellfire are never joined together in the heart of a slave (of Allah). Belief and stinginess are never joined together in the heart of a slave (of Allah)."