Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Yahya related to me from Malik from Abd al-Karim ibn Malik al- Jazari from Abd ar-Rahman ibn Abi Layla from Kab ibn Ujra that one time he was with the Messenger of Allah, may Allah bless him and grant him peace, in ihram, and he was suffering from lice on his head. The Messenger of Allah, may Allah bless him and grant him peace, told him to shave his head, saying, "Fast three days, or feed six poor people, two mudds for each person, or sacrifice a sheep. If you do any of those it will be enough for you."

Yahya related to me from Malik from Ibrahim ibn Abi Abla from Talha ibn Ubaydullah ibn Kariyz that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shaytan is not considered more abased or more cast out or more contemptible or more angry on any day than on the Day of Arafa. That is only because he sees the descent of the Mercy and Allah's disregard for great wrong actions. That is except from what he was shown on the Day of Badr." Someone said, "What was he shown on the Day of Badr, Messenger of Allah?" He said, "Didn't he see Jibril arranging the ranks of the angels?"

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, "This is the best of what I have heard on the matter.''

Yahya related to me from Malik from Zayd ibn Aslam that a man received a wound in the time of the Messenger of Allah, may Allah bless him and grant him peace. The blood clotted in the wound and the man called two men from the Banu Ammar tribe. They looked at it and claimed that the Messenger of Allah, may Allah bless him and grant him peace, said to them, "Which of you is the better doctor?" They said, "Is there any good in medicine, Messenger of Allah?" Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "The one who sent down the disease sent down the remedy."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, "Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing." The Messenger of Allah, may Allah bless him and grant him peace, said, "This is only one of the brothers of the diviners." He disapproved of the rhyming speech of the man's declaration.

"that a man from [Banu] Fazarah came to the Prophet (saws) and said: 'O Messenger of Allah (saws)! My wife gave birth to black boy." So the Prophet (s.a.w) said: "[Do you have any camels?]" He said: 'Yes." He said: "Then what are their colors?" He said: "Red." He said: "Is there a gray one among them?" He said: "Yes, there is a grey one among them." He said: "From where does that come?" He said: "Perhaps it is hereditary." He said: "Then in the same way, perhaps it is his heredity."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

From his father, who said that the Prophet (saws) said: "When one of you buys meat, then let him increase its broth. For, if he does not find any meat you'll have broth; and it is one of the two meats."

And there are narrations on this topic from Abu Dharr.

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through this route, as a narration of Muhammad bin Fada', who is Muhammad bin Fada' Al-Mu'abbar, and he has been criticized by Sulaiman bin Harb. 'Alqamah bin 'Abdullah is the brother of Bakr bin 'Abdullah Al-Muzani.

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

Abu Dawud said : All the sound traditions narrated by ‘ Uthman indicated that the head is to be wiped once, because they mentioned (the washing of each part in) ablution three times. In their versions of tradition they mentioned the wordings: “he wiped his head.” In this case they did not mention any number as they did in other cases.

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Ibn 'Umar used to let out his land till it reached him that Rafi' b. Khadij al-Ansari narrated that the Messenger of Allah (saws) forbade let out land. So 'Abd Allah (b. 'Umar) said: Ibn Khadij, what do you narrate from the Messenger of Allah (saws) about leasing the land? Rafi' replied to 'Abd Allah b. 'Umar: I heard both of my uncles were present in the battle of Badr say, and they narrated it to the members of the family, that the Messenger of Allah (saws) forbade leasing land. 'Abd Allah said: I swear by Allah, I knew that land was leased in the time of the Messenger of Allah (saws). 'Abd Allah then feared that the Messenger of Allah (saws) might have created something new in that matter, so he gave up leasing land.

Abu Dawud said: This tradition has also been transmitted by Ayyub, 'Ubaid Allah, Kathir b. Farqad, Malik from Nafi' on the authority of Rafi' from the Prophet (saws). It has also been transmitted by al-Auzai' from Hafs b. 'Inan al-Hanafi from Nafi' from Rafi' who said: I heard the Messenger of Allah (saws) say: Similarly, it has been transmitted by Zaid b. Abi Unaisah from al-Hakkam from Nafi' from Ibn 'Umar that he went to Rafi' and asked: Have you heard the Messenger of Allah (saws) say? He replied: Yes. Similarly, it has also been transmitted by 'Ikrimah b. 'Ammar from Abu al-Najashi, from Rafi' b. Khadij who said: I heard the Prophet (saws) say. It has also been transmitted by al-Auza'i from Abu al-Najashi from Rafi' b. Khadij from his uncle Zuhair b. Rafi' from the Prophet (saws).

Abu Dawud said: The name of Abu al-Najashi is 'Ata b. Suhaib.