My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet . He said to the Prophet, "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet said, "Do you have other sons besides him?" He said, "Yes." The Prophet said, "Do not make me a witness for injustice." Narrated Ash-Shu`bi that the Prophet said, "I will not become a witness for injustice."

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.

A man praised another man in front of the Prophet. The Prophet said thrice, "Wailaka (Woe on you) ! You have cut the neck of your brother!" The Prophet added, "If it is indispensable for anyone of you to praise a person, then he should say, "I think that such-and-such person (is so-and-so), and Allah is the one who will take his accounts (as he knows his reality) and none can sanctify anybody before Allah (and that only if he knows well about that person.)".

A bedouin said, "O Allah's Apostle! Inform me about the emigration." The Prophet said, "Waihaka (May Allah be merciful to you)! The question of emigration is a difficult one. Have you got some camels?" The bedouin said, "Yes." The Prophet said, "Do you pay their Zakat?" He said, "Yes." The Prophet said, "Go on doing like this from beyond the seas, for Allah will not let your deeds go in vain."

The Prophet once came out and offered the funeral prayer for the martyrs of Uhud, and proceeded to the pulpit and said, "I shall be your predecessor and a witness on you, and I am really looking at my sacred Fount now, and no doubt, I have been given the keys of the treasures of the world. By Allah, I am not afraid that you will worship others along with Allah, but I am afraid that you will envy and fight one another for worldly fortunes."

The Prophet said, "If anyone of you, on having sexual relation with his wife, says: 'O Allah! Protect me from Satan, and prevent Satan from approaching the offspring you are going to give me,' and if it happens that the lady conceives a child, Satan will neither harm it nor be given power over it."

The people used to ask Allah's Apostle about the good but I used to ask him about the evil lest I should be overtaken by them. So I said, "O Allah's Apostle! We were living in ignorance and in an (extremely) worst atmosphere, then Allah brought to us this good (i.e., Islam); will there be any evil after this good?" He said, "Yes." I said, 'Will there be any good after that evil?" He replied, "Yes, but it will be tainted (not pure.)'' I asked, "What will be its taint?" He replied, "(There will be) some people who will guide others not according to my tradition? You will approve of some of their deeds and disapprove of some others." I asked, "Will there be any evil after that good?" He replied, "Yes, (there will be) some people calling at the gates of the (Hell) Fire, and whoever will respond to their call, will be thrown by them into the (Hell) Fire." I said, "O Allah s Apostle! Will you describe them to us?" He said, "They will be from our own people and will speak our language." I said, "What do you order me to do if such a state should take place in my life?" He said, "Stick to the group of Muslims and their Imam (ruler)." I said, "If there is neither a group of Muslims nor an Imam (ruler)?" He said, "Then turn away from all those sects even if you were to bite (eat) the roots of a tree till death overtakes you while you are in that state."

That he and Abu Talha were coming in the company of the Prophet (towards Medina), while Safiya (the Prophet's wife) was riding behind him on his she-camel. After they had covered a portion of the way suddenly the foot of the she-camel slipped and both the Prophet and the woman (i.e., his wife, Safiya) fell down. Abu Talha jumped quickly off his camel and came to the Prophet (saying.) "O Allah's Apostle! Let Allah sacrifice me for you! Have you received any injury?" The Prophet said, "No, but take care of the woman (my wife)." Abu Talha covered his face with his garment and went towards her and threw his garment over her. Then the woman got up and Abu Talha prepared their she-camel (by tightening its saddle, etc.) and both of them (the Prophet and Safiya) mounted it. Then all of them proceeded and when they approached near Medina, or saw Medina, the Prophet said, "Ayibun, taibun, `abidun, liRabbina hamidun (We are coming back (to Medina) with repentance, worshiping (our Lord) and celebrating His (our Lord's) praises". The Prophet continued repeating these words till he entered the city of Medina.

When Allah's Apostle came to Medina, Abu Bakr and Bilal got fever, and I went to both of them and said, "O my father, how do you feel? O Bilal, how do you feel?" Whenever Abu Bakr's fever got worse, he would say, "Every man will meet his death once in one morning while he will be among his family, for death is really nearer to him than his leather shoe laces (to his feet)." And whenever fever deserted Bilal, he would say aloud, "Would that I know whether I shall spend a night in the valley (of Mecca) with Idhkhir and Jalil (i.e. kinds of grass) around me, and whether I shall drink one day the water of Mijannah, and whether I shall see once again the hills of Shamah and Tafil?" Then I went to Allah's Apostle and told him of that. He said, "O Allah, make us love Medina as much as or more than we used to love Mecca, O Allah, make it healthy and bless its Sa' and Mud (i.e. measures), and take away its fever to Al-Juhfa."

`Ata' told me that he had heard Jabir bin `Abdullah saying, "The Prophet stood up to offer the prayer of the `Id ul Fitr. He first offered the prayer and then delivered the Khutba. After finishing it he got down (from the pulpit) and went towards the women and advised them while he was leaning on Bilal's hand. Bilal was spreading out his garment where the women were putting their alms." I asked `Ata' whether it was the Zakat of `Id ul Fitr. He said, "No, it was just alms given at that time. Some lady put her finger ring and the others would do the same." I said, (to `Ata'), "Do you think that it is incumbent upon the Imam to give advice to the women (on `Id day)?" He said, "No doubt, it is incumbent upon the Imams to do so and why should they not do so?"

The wives of Allah's Apostle were in two groups. One group consisted of `Aisha, Hafsa, Safiyya and Sauda; and the other group consisted of Um Salama and the other wives of Allah's Apostle. The Muslims knew that Allah's Apostle loved `Aisha, so if any of them had a gift and wished to give to Allah's Apostle, he would delay it, till Allah's Apostle had come to `Aisha's home and then he would send his gift to Allah's Apostle in her home. The group of Um Salama discussed the matter together and decided that Um Salama should request Allah's Apostle to tell the people to send their gifts to him in whatever wife's house he was. Um Salama told Allah's Apostle of what they had said, but he did not reply. Then they (those wives) asked Um Salama about it. She said, "He did not say anything to me." They asked her to talk to him again. She talked to him again when she met him on her day, but he gave no reply. When they asked her, she replied that he had given no reply. They said to her, "Talk to him till he gives you a reply." When it was her turn, she talked to him again. He then said to her, "Do not hurt me regarding Aisha, as the Divine Inspirations do not come to me on any of the beds except that of Aisha." On that Um Salama said, "I repent to Allah for hurting you." Then the group of Um Salama called Fatima, the daughter of Allah's Apostle and sent her to Allah's Apostle to say to him, "Your wives request to treat them and the daughter of Abu Bakr on equal terms." Then Fatima conveyed the message to him. The Prophet said, "O my daughter! Don't you love whom I love?" She replied in the affirmative and returned and told them of the situation. They requested her to go to him again but she refused. They then sent Zainab bint Jahsh who went to him and used harsh words saying, "Your wives request you to treat them and the daughter of Ibn Abu Quhafa on equal terms." On that she raised her voice and abused `Aisha to her face so much so that Allah's Apostle looked at `Aisha to see whether she would retort. `Aisha started replying to Zainab till she silenced her. The Prophet then looked at `Aisha and said, "She is really the daughter of Abu Bakr."

[Al-Bukhari and Muslim].

Yahya related to me from Malik from Abu'zZubayr al-Makki from Tawus al-Yamani from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, used to teach this dua in the same way that he would teach them a sura of the Qur'an, "O Allah, I seek refuge in You from the torment of Jahannam, and I seek refuge in You from the trial of the Dajjal, and I seek refuge in You from the trial of life and death."

Allahumma inniy audhu bika min adhabi jahannama, wa audhu bika min adhabi'l-qabri, wa audhu bika min fitnati'l-mahya wa mamati.

A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (saws).

This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

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

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

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

The Prophet (saws) said: If anyone sits in his place of prayer when he finishes the dawn prayer till he prays the two rak'ahs of the forenoon, saying nothing but what is good, his sins will be forgiven even if they are more than the foam of the sea.

We were with Allah's Apostle in the Trench, and some were digging the trench while we were carrying the earth on our shoulders. Allah's Apostle said, 'O Allah! There is no life except the life of the Hereafter, so please forgive the Emigrants and the Ansar."

While we were with the Messenger of Allah! (saws) a man of Banu Salmah came to Him and said: Messenger of Allah is there any kindness left that I can do to my parents after their death? He replied: Yes, you can invoke blessings on them, forgiveness for them, carry out their final instructions after their death, join ties of relationship which are dependent on them, and honour their friends.

That when he asked `Aisha about the statement of Allah "Until when the Apostles gave up hope (of their people)." (12.110) she told him (its meaning), `Urwa added, "I said, 'Did they (Apostles) suspect that they were betrayed (by Allah) or that they were treated as liars by (their people)?' `Aisha said, '(They suspected) that they were treated as liars by (their people),' I said, 'But they were sure that their people treated them as liars and it was not a matter of suspicion.' She said, 'Yes, upon my life they were sure about it.' I said to her. 'So they (Apostles) suspected that they were betrayed (by Allah).' She said, "Allah forbid! The Apostles never suspected their Lord of such a thing.' I said, 'What about this Verse then?' She said, 'It is about the Apostles' followers who believed in their Lord and trusted their Apostles, but the period of trials was prolonged and victory was delayed till the Apostles gave up all hope of converting those of the people who disbelieved them and the Apostles thought that their followers treated them as liars; thereupon Allah's help came to them.

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."

A man was mentioned before the Prophet and another man praised him greatly The Prophet said, "May Allah's Mercy be on you ! You have cut the neck of your friend." The Prophet repeated this sentence many times and said, "If it is indispensable for anyone of you to praise someone, then he should say, 'I think that he is so-and-so," if he really thinks that he is such. Allah is the One Who will take his accounts (as He knows his reality) and no-one can sanctify anybody before Allah." (Khalid said, "Woe to you," instead of "Allah's Mercy be on you.")

Haritha was martyred on the day (of the battle) of Badr, and he was a young boy then. His mother came to the Prophet and said, "O Allah's Apostle! You know how dear Haritha is to me. If he is in Paradise, I shall remain patient, and hope for reward from Allah, but if it is not so, then you shall see what I do?" He said, "May Allah be merciful to you! Have you lost your senses? Do you think there is only one Paradise? There are many Paradises and your son is in the (most superior) Paradise of Al- Firdaus."

When the delegate of `Abd Al-Qais came to Allah's Apostle, he said, "Who are the delegate?" They said, "The delegate are from the tribe of Rabi`a." The Prophet said, "Welcome, O the delegate, and welcome! O people! Neither you will have any disgrace nor will you regret." They said, "O Allah's Apostle! Between you and us there are the infidels of the tribe of Mudar, so please order us to do something good (religious deeds) that by acting on them we may enter Paradise, and that we may inform (our people) whom we have left behind, about it." They also asked (the Prophet) about drinks. He forbade them from four things and ordered them to do four things. He ordered them to believe in Allah, and asked them, "Do you know what is meant by belief in Allah?" They said, "Allah and His Apostle know best." He said, ''To testify that none has the right to be worshipped except Allah, the One, Who has no partners with Him, and that Muhammad is Allah's Apostle; and to offer prayers perfectly and to pay Zakat." (the narrator thinks that fasting in Ramadan is included), "and to give one-fifth of the war booty (to the state)." Then he forbade four (drinking utensils): Ad-Duba', Al56 Hantam, Al-Mazaffat and An-Naqir, or probably, Al-Muqaiyar. And then the Prophet said, "Remember all these things by heart and preach it to those whom you have left behind."

Muhammad ibn AbulMujahid reported Abdullah ibn AbuAwfa as saying: I asked: Did you set aside the fifth of the food in the time of the Messenger of Allah (saws)? He replied: On the day of Khaybar we captured food and a man would come and take as much food of it as needed and then go away.

A man came to the Messenger of Allah (saws) and he had the mark of yellowness (of saffron). The Prophet (peace be upon him rarely mentioned a thing which he disliked before a man. When he went away, he said: Would that you tell this man that he should wash this off him.

Yahya related to me from Malik from Hisham ibn Urwa that his father used to say to his sons, "My sons, let none of you sacrifice any animal which he would be ashamed to sacrifice for a noble woman, for surely Allah is the noblest of noble ones, and the most deserving of those for whom things are chosen."

I used to see a dream which would make me sick till I heard Abu Qatada saying, "I too, used to see a dream which would make me sick till I heard the Prophet saying, "A good dream is from Allah, so if anyone of you saw a dream which he liked, he should not tell it to anybody except to the one whom he loves, and if he saw a dream which he disliked, then he should seek refuge with Allah from its evil and from the evil of Satan, and spit three times (on his left) and should not tell it to anybody, for it will not harm him. "

Umar said to him: The Ka'bah does not need your property. Make atonement for your oath and speak to your brother. I heard the Messenger of Allah (saws) say: An oath or vow to disobey the Lord, or to break ties of relationship or about something over which one has no control is not binding on you.

While we were with Allah's Apostle in a holy battle, we never went up a hill or reached its peak or went down a valley but raised our voices with Takbir. Allah's Apostle came close to us and said, "O people! Don't exert yourselves, for you do not call a deaf or an absent one, but you call the All- Listener, the All-Seer." The Prophet then said, "O `Abdullah bin Qais! Shall I teach you a sentence which is from the treasures of Paradise? ( It is): 'La haula wala quwata illa billah. (There is neither might nor power except with Allah).

"The Messenger of Allah (saws) prohibited sales of Al-Munabadhah and Al-Mulamasah."

He said: There are narrations on this topic from Abu Sa'eed and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith is Abu Hurairah is a Hasan Sahih Hadith. And the meaning of (Munabadhah) in this Hadith is when it is said: "When I throw something to you then the sale between you and I is concluded." And Al-Mulamasah is that he says: "When you touch something then the sale is concluded." Even if he did not see it at all, like if it was inside of a bag or something else. There are merely sales practices of the people of Jahiliyyah so they were prohibited.

We went to `Abdullah in the morning and a man said, "Yesterday I recited all the Mufassal Suras." On that `Abdullah said, "That is very quick, and we have the (Prophet's) recitation, and I remember very well the recitation of those Suras which the Prophet used to recite, and they were eighteen Suras from the Mufassal, and two Suras from the Suras that start with Ha Mim.

While I was sick, the Prophet entered upon me and asked for some water to perform ablution, and after he had finished his ablution, he sprinkled some water of his ablution over me, whereupon I became conscious and said, "O Allah's Apostle! I have sisters." Then the Divine Verses regarding the laws of inheritance were revealed.

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them, he keeps them and if he is displeased with them, he can return them along with a sa of dates."

Malik said, "The explanation of the words of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - 'do not bid against each other,' is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade, and Allah knows best."

Malik said, "There is no harm, however, in more than one person bidding against each other over goods put up for sale."

He said, "Were people to leave off haggling when the first person started haggling, an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us."

I asked or someone asked the Prophet (saws) about perpetual fasting. He replied: You have a duty to your family. Fast during Ramadan and the following month, and every Wednesday and Thursday. You will then have observed a perpetual fast.

"When it was the day of (the battle of) Uhud, the pagans were defeated. Then Satan shouted, "O Allah's worshipers! Beware of what is behind you!" So the front files attacked the back files of the army. Hudhaifa looked, and behold, there was his father, Al-Yaman (being attacked) ! He shouted (to his companions), "O Allah's worshipers, my father, my father!" But by Allah, they did not stop till they killed him (i.e., Hudhaifa's father). Hudhaifa said, "May Allah forgive you." (`Urwa said, Hudhaifa continued asking Allah's Forgiveness for the killer of his father till he died.

Allah's Apostle said, "Noah and his nation will come (on the Day of Resurrection and Allah will ask (Noah), "Did you convey (the Message)?' He will reply, 'Yes, O my Lord!' Then Allah will ask Noah's nation, 'Did Noah convey My Message to you?' They will reply, 'No, no prophet came to us.' Then Allah will ask Noah, 'Who will stand a witness for you?' He will reply, 'Muhammad and his followers (will stand witness for me).' So, I and my followers will stand as witnesses for him (that he conveyed Allah's Message)." That is, (the interpretation) of the Statement of Allah: "Thus we have made you a just and the best nation that you might be witnesses Over mankind .." (2.143)

Um Haram said, "Once the Prophet slept in my house near to me and got up smiling. I said, 'What makes you smile?' He replied, 'Some of my followers who (i.e. in a dream) were presented to me sailing on this green sea like kings on thrones.' I said, 'O Allah's Apostle! Invoke Allah to make me one of them." So the Prophet invoked Allah for her and went to sleep again. He did the same (i.e. got up and told his dream) and Um Haran repeated her question and he gave the same reply. She said, "Invoke Allah to make me one of them." He said, "You are among the first batch." Later on it happened that she went out in the company of her husband 'Ubada bin As-Samit who went for Jihad and it was the first time the Muslims undertook a naval expedition led by Mu awiya. When the expedition came to an end and they were returning to Sham, a riding animal was presented to her to ride, but the animal let her fall and thus she died.

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."