Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."

Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."

Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "

Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."

Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."

He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "

Malik related to me from Ibn Shihab that Abu Umama ibn Sahl ibn Hunayf said, ''Amir ibn Rabia saw Sahl ibn Hunayf doing a ghusl and said, 'I have not seen the like of what I see today, not even the skin of a maiden who has never been out of doors.' Sahl fell to the ground. The Messenger of Allah, may Allah bless him and grant him peace, was approached and it was said, 'Messenger of Allah, can you do anything about Sahl ibn Hunayf? By Allah, he can not raise his head.' He said, 'Do you suspect anyone of it?' They said, 'We suspect Amir ibn Rabia.' "

He continued, "The Messenger of Allah, may Allah bless him and grant him peace, summoned Amir and was furious with him and said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" Do ghusl for it.' Amir washed his face, hands, elbows, knees, the end of his feet, and inside his lower garment in a vessel. Then he poured it over him, and Sahl went off with the people, and there was nothing wrong with him."

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

There was a dispute between Abu Bakr and `Umar, and Abu Bakr made `Umar angry. So `Umar left angrily. Abu Bakr followed him, requesting him to ask forgiveness (of Allah) for him, but `Umar refused to do so and closed his door in Abu Bakr's face. So Abu Bakr went to Allah's Apostle while we were with him. Allah's Apostle said, "This friend of yours must have quarrelled (with somebody)." In the meantime `Umar repented and felt sorry for what he had done, so he came, greeted (those who were present) and sat with the Prophet and related the story to him. Allah's Apostle became angry and Abu Bakr started saying, "O Allah's Apostle! By Allah, I was more at fault (than `Umar)." Allah's Apostle said, "Are you (people) leaving for me my companion? (Abu Bakr), Are you (people) leaving for me my companion? When I said, 'O people I am sent to you all as the Apostle of Allah,' you said, 'You tell a lie.' while Abu Bakr said, 'You have spoken the truth ."

Allah's Prophet said, "When Allah decrees some order in the heaven, the angels flutter their wings indicating complete surrender to His saying which sounds like chains being dragged on rock. And when the state of fear disappears, they ask each other, "What has your Lord ordered? They say that He has said that which is true and just, and He is the Most High, the Most Great." (34.23). Then the stealthy listeners (devils) hear this order, and these stealthy listeners are like this, one over the other." (Sufyan, a sub-narrator demonstrated that by holding his hand upright and separating the fingers.) A stealthy listener hears a word which he will convey to that which is below him and the second will convey it to that which is below him till the last of them will convey it to the wizard or foreteller. Sometimes a flame (fire) may strike the devil before he can convey it, and sometimes he may convey it before the flame (fire) strikes him, whereupon the wizard adds to that word a hundred lies. The people will then say, 'Didn't he (i.e. magician) tell such-and-such a thing on such-and-such date?' So that magician is said to have told the truth because of the Statement which has been heard from the heavens."

I asked Aba Salama bin `Abdur-Rahman about the first Sura revealed of the Qur'an. He replied "O you, wrapped-up (i.e. Al Muddaththir)." I said, "They say it was, 'Read, in the Name of your Lord Who created,' (i.e. Surat Al-`Alaq (the Clot)." On that, Abu Salama said, "I asked Jabir bin `Abdullah about that, saying the same as you have said, whereupon he said, 'I will not tell you except what Allah's Apostle had told us. Allah's Apostle said, "I was in seclusion in the cave of Hiram', and after I completed the limited period of my seclusion. I came down (from the cave) and heard a voice calling me. I looked to my right, but saw nothing. Then I looked up and saw something. So I went to Khadija (the Prophet's wife) and told her to wrap me up and pour cold water on me. So they wrapped me up and poured cold water on me." Then, 'O you, (Muhammad) wrapped up! Arise and warn,' (Surat Al Muddaththir) was revealed." (74.1)

While we were in a funeral procession in Baqi Al-Gharqad, Allah's Apostle came and sat down, and we sat around him. He had a small stick in his hand and he bent his head and started scraping the ground with it. He then said, "There is none among you, and no created soul but has his place written for him either in Paradise or in the Hell-Fire, and also has his happy or miserable fate (in the Hereafter) written for him." A man said, "O Allah's Apostle! Shall we depend upon what is written for us and give up doing (good) deeds? For whoever among us is destined to be fortunate (in the Hereafter), will join the fortunate peoples and whoever among us is destined to be miserable will do such deeds as are characteristic of the people who are destined to misery." The Prophet said, "Those who are destined to be happy (in the Hereafter) will find it easy and pleasant to do the deeds characteristic of those destined to happiness, while those who are to be among the miserable (in the Hereafter), will find it easy to do the deeds characteristic of those destined to misery." Then he recited: 'As for him who gives (in charity) and keeps his duty to Allah and believes in the Best reward from Allah,' (92.5-6)

Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.

(An ally of the tribe of Bani 'Amir bin Lu'ai and one of those who had witnessed the battle of Badr with Allah's Apostle) Allah's Apostle sent Abu 'Ubaida bin AlJarrah to Bahrain to collect the Jizya tax. Allah's Apostle had concluded a peace treaty with the people of Bahrain and appointed Al 'Ala bin Al-Hadrami as their chief; Abu Ubaida arrived from Bahrain with the money. The Ansar heard of Abu 'Ubaida's arrival which coincided with the Fajr (morning) prayer led by Allah's Apostle. When the Prophet finished the prayer, they came to him. Allah's Apostle smiled when he saw them and said, "I think you have heard of the arrival of Abu 'Ubaida and that he has brought something." They replied, "Yes, O Allah's Apostle! " He said, "Have the good news, and hope for what will please you. By Allah, I am not afraid that you will become poor, but I am afraid that worldly wealth will be given to you in abundance as it was given to those (nations) before you, and you will start competing each other for it as the previous nations competed for it, and then it will divert you (from good) as it diverted them." '

Allah's Apostle said, "If somebody is ordered (by the ruler or the judge) to take an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he will meet Him." And Allah revealed in its confirmation: 'Verily! Those who purchase a small gain at the cost of Allah's covenants and their own oaths.' (3.77) (The sub-narrator added:) Al-Ash'ath bin Qais entered, saying, "What did Abu `Abdur-Rahman narrate to you?" They said, "So-and-so," Al-Ash'ath said, "This verse was revealed in my connection. I had a well on the land of my cousin (and we had a dispute about it). I reported him to Allah 's Apostle who said (to me). "You should give evidence (i.e. witness) otherwise the oath of your opponent will render your claim invalid." I said, "Then he (my opponent) will take the oath, O Allah's Apostle." Allah's Apostle said, "Whoever is ordered (by the ruler or the judge) to give an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he meets Him on the Day of Resurrection."

[Al-Bukhari].

`Ali addressed us while he was standing on a brick pulpit and carrying a sword from which was hanging a scroll He said "By Allah, we have no book to read except Allah's Book and whatever is on this scroll," And then he unrolled it, and behold, in it was written what sort of camels were to be given as blood money, and there was also written in it: 'Medina is a sanctuary form 'Air (mountain) to such and such place so whoever innovates in it an heresy or commits a sin therein, he will incur the curse of Allah, the angels, and all the people and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'The asylum (pledge of protection) granted by any Muslims is one and the same, (even a Muslim of the lowest status is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'Whoever (freed slave) befriends (takes as masters) other than his real masters (manumitters) without their permission will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds. ' (See Hadith No. 94, Vol. 3)

After the slanderers had given a forged statement against her, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration was delayed. He wanted to ask them and consult them about the question of divorcing me. Usama gave his evidence that was based on what he knew about my innocence, but `Ali said, "Allah has not put restrictions on you and there are many women other than her. Furthermore you may ask the slave girl who will tell you the truth." So the Prophet asked Barira (my salve girl), "Have you seen anything that may arouse your suspicion?" She replied, "I have not seen anything more than that she is a little girl who sleeps, leaving the dough of her family (unguarded) that the domestic goats come and eat it." Then the Prophet stood on the pulpit and said, "O Muslims! Who will help me against the man who has harmed me by slandering my wife? By Allah, I know nothing about my family except good." The narrator added: Then the Prophet mentioned the innocence of `Aisha. (See Hadith No. 274, Vol. 6)

As-Salami: Allah's Apostle used to teach his companions to perform the prayer of Istikhara for each and every matter just as he used to teach them the Suras from the Qur'an He used to say, "If anyone of you intends to do some thing, he should offer a two rak`at prayer other than the compulsory prayers, and after finishing it, he should say: O Allah! I consult You, for You have all knowledge, and appeal to You to support me with Your Power and ask for Your Bounty, for You are able to do things while I am not, and You know while I do not; and You are the Knower of the Unseen. O Allah If You know It this matter (name your matter) is good for me both at present and in the future, (or in my religion), in my this life and in the Hereafter, then fulfill it for me and make it easy for me, and then bestow Your Blessings on me in that matter. O Allah! If You know that this matter is not good for me in my religion, in my this life and in my coming Hereafter (or at present or in the future), then divert me from it and choose for me what is good wherever it may be, and make me be pleased with it." (See Hadith No. 391, Vol. 8)

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

Um Al-`Ala', an Ansari woman who gave the pledge of allegiance to the Prophet said to me, "The emigrants were distributed amongst us by drawing lots and we got in our share `Uthman bin Maz'un. We made him stay with us in our house. Then he suffered from a disease which proved fatal when he died and was given a bath and was shrouded in his clothes, Allah's Apostle came I said, 'May Allah be merciful to you, O Abu As-Sa'ib! I testify that Allah has honored you'. The Prophet said, 'How do you know that Allah has honored him?' I replied, 'O Allah's Apostle! Let my father be sacrificed for you! On whom else shall Allah bestow His honor?' The Prophet said, 'No doubt, death came to him. By Allah, I too wish him good, but by Allah, I do not know what Allah will do with me though I am Allah's Apostle. ' By Allah, I never attested the piety of anyone after that."

Al-Laith also narrated as above.

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

One day I went to Ibn Mas`ud who said, "When Quraish delayed in embracing Islam, the Prophet I invoked Allah to curse them, so they were afflicted with a (famine) year because of which many of them died and they ate the carcasses and Abu Sufyan came to the Prophet and said, 'O Muhammad! You came to order people to keep good relation with kith and kin and your nation is being destroyed, so invoke Allah I ? So the Prophet I recited the Holy verses of Sirat-Ad-Dukhan: 'Then watch you For the day that The sky will Bring forth a kind Of smoke Plainly visible.' (44.10) When the famine was taken off, the people renegade once again as nonbelievers. The statement of Allah, (in Sura "Ad- Dukhan"-44) refers to that: 'On the day when We shall seize You with a mighty grasp.' (44.16) And that was what happened on the day of the battle of Badr." Asbath added on the authority of Mansur, "Allah's Apostle prayed for them and it rained heavily for seven days. So the people complained of the excessive rain. The Prophet said, 'O Allah! (Let it rain) around us and not on us.' So the clouds dispersed over his head and it rained over the surroundings."

`Abdul Malik wrote to Al-Hajjaj that he should not differ from Ibn `Umar during Hajj. On the Day of `Arafat, when the sun declined at midday, Ibn `Umar came along with me and shouted near Al- Hajjaj's cotton (cloth) tent. Al-Hajjaj came Out, wrapping himself with a waist-sheet dyed with safflower, and said, "O Abu `Abdur-Rahman! What is the matter?" He said, If you want to follow the Sunna (the tradition of the Prophet (p.b.u.h) ) then proceed (to `Arafat)." Al-Hajjaj asked, "At this very hour?" Ibn `Umar said, "Yes." He replied, "Please wait for me till I pour some water over my head (i.e. take a bath) and come out." Then Ibn `Umar dismounted and waited till Al-Hajjaj came out. So, he (Al-Hajjaj) walked in between me and my father (Ibn `Umar). I said to him, "If you want to follow the Sunna then deliver a brief sermon and hurry up for the stay at `Arafat." He started looking at `Abdullah (Ibn `Umar) (inquiringly), and when `Abdullah noticed that, he said that he had told the truth.

While we were sitting with the Prophet a man came and said, "O Allah's Apostle! I have been ruined." Allah's Apostle asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Apostle asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Apostle asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his premolar teeth became visible and then said, 'Feed your family with it."

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

Umayyah, daughter of AbusSalt, quoted a certain woman of Banu Ghifar, whose name was mentioned to me, as saying: The Messenger of Allah (saws) made me ride behind him on the rear of the camel saddle. By Allah, the Messenger of Allah (saws) got down in the morning. He made his camel kneel down and I came down from the back of his saddle. There was a mark of blood on it (saddle) and that was the first menstruation that I had. I stuck to the camel and felt ashamed.

When the Messenger of Allah (saws) saw what had happened to me and saw the blood, he said: Perhaps you are menstruating.

I said: Yes. He then said: Set yourself right (i.e. tie some cloth to prevent bleeding), then take a vessel of water and put some salt in it, and then wash the blood from the back of the saddle, and then return to your mount. When the Messenger of Allah (saws) conquered Khaybar, he gave us a portion of the booty. Whenever the woman became purified from her menses, she would put salt in water. And when she died, she left a will to put salt in the water for washing her (after death).

Yazid al-Farisi said: I heard Ibn Abbas say: I asked Uthman ibn Affan: What moved you to put the (Surah) al-Bara'ah which belongs to the mi'in (surahs) (containing one hundred verses) and the (Surah) al-Anfal which belongs to the mathani (Surahs) in the category of as-sab'u at-tiwal (the first long surah or chapters of the Qur'an), and you did not write "In the name of Allah, the Compassionate, the Merciful" between them?

Uthman replied: When the verses of the Qur'an were revealed to the Prophet (saws), he called someone to write them down for him and said to him: Put this verse in the surah in which such and such has been mentioned; and when one or two verses were revealed, he used to say similarly (regarding them). (Surah) al-Anfal is the first surah that was revealed at Medina, and (Surah) al-Bara'ah was revealed last in the Qur'an, and its contents were similar to those of al-Anfal. I, therefore, thought that it was a part of al-Anfal. Hence I put them in the category of as-sab'u at-tiwal (the seven lengthy surahs), and I did not write "In the name of Allah, the Compassionate, the Merciful" between them.

"'Ali delivered a Khutbah for us in which he said: 'Whoever claims that we have some book to read other than Allah's Book and this paper, which include camel's ages and things related to (relatiation for) wounds, then he has lied." And he said in it: "Al-Madinah is sacred, what is between 'Air to Thawr, so whoever introduces in it any innovation or shelters an innovator then upon him is the curse of Allah, the angels, and all people. On the Day of Judgment, Allah will not accept his compulsory nor optional good deeds. And whoever claims someone else to be his father, or claims Wala' for someone other than his Mawali, then upon him is the curse of Allah, the angels, and the people; his compulsory and optional good deeds shall not be accepted. The covenants of the Muslims are one, it covers the rest of them.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Some of them reported it similarly from Al-A'mash, from Ibrahim At-Taimi, from Al-Harith bin Suwaid from 'Ali.

[Abu 'Eisa said:] It has been reported through more than one route from 'Ali [from the Prophet (saws)].

Aisha said, "Barira came to me and said, 'I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.' I said, 'I am ready to pay the whole amount now provided your masters agree that your Wala' will be for me.' So, Barira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah's Apostle was sitting (present). Barira said, 'I told them of the offer but they did not accept it and insisted on having the Wala'.' The Prophet heard that." `Aisha narrated the whole story to the Prophet. He said to her, "Buy her and stipulate that her Wala' would be yours as the Wala' is for the manumitter." `Aisha did so. Then Allah's Apostle stood up in front of the people, and after glorifying Allah he said, "Amma Ba`du (i.e. then after)! What about the people who impose conditions which are not in Allah's Book (Laws)? Any condition that is not in Allah's Book (Laws) is invalid even if they were one hundred conditions, for Allah's decisions are the right ones and His conditions are the strong ones (firmer) and the Wala' will be for the manumitter."

The Prophet said, "The example of Muslims, Jews and Christians is like the example of a man who employed laborers to work for him from morning till night for specific wages. They worked till midday and then said, 'We do not need your money which you have fixed for us and let whatever we have done be annulled.' The man said to them, 'Don't quit the work, but complete the rest of it and take your full wages.' But they refused and went away. The man employed another batch after them and said to them, 'Complete the rest of the day and yours will be the wages I had fixed for the first batch.' So, they worked till the time of `Asr prayer. Then they said, "Let what we have done be annulled and keep the wages you have promised us for yourself.' The man said to them, 'Complete the rest of the work, as only a little of the day remains,' but they refused. Thereafter he employed another batch to work for the rest of the day and they worked for the rest of the day till the sunset, and they received the wages of the two former batches. So, that was the example of those people (Muslims) and the example of this light (guidance) which they have accepted willingly.

When my father died he owed a Jew thirty Awsuq (of dates). I requested him to give me respite for repaying but he refused. I requested Allah's Apostle to intercede with the Jew. Allah's Apostle went to the Jew and asked him to accept the fruits of my trees in place of the debt but the Jew refused. Allah's Apostle entered the garden of the date-palms, wandering among the trees and ordered me (saying), "Pluck (the fruits) and give him his due." So, I plucked the fruits for him after the departure of Allah's Apostle and gave his thirty Awsuq, and still had seventeen Awsuq extra for myself. Jabir said: I went to Allah's Apostle to inform of what had happened, but found him praying the `Asr prayer. After the prayer I told him about the extra fruits which remained. Allah's Apostle told me to inform (`Umar) Ibn Al-Khattab about it. When I went to `Umar and told him about it, `Umar said, "When Allah's Apostle walked in your garden, I was sure that Allah would definitely bless it."

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

'Alqama went to Sham and when he entered the mosque, he said, "O Allah ! Bless me with a pious companion." So he sat with Abu Ad-Darda. Abu Ad-Darda' asked him, "Where are you from?" 'Alqama replied, "From the people of Kufa." Abu Ad-Darda said, "Isn't there amongst you the Keeper of the secret which nobody else knows i.e. Hudhaifa?" Al-qama said, "Yes." Then Abu Ad-Darda further said, "Isn't there amongst you the person whom Allah gave Refuge from Satan through the invocation of His Prophet namely `Ammar?" Alqama replied in the affirmative Abu Ad-Darda said, "Isn't there amongst you the person who carries the Siwak (or the Secret) (i.e. of the Prophet namely `Abdullah bin Massud)?" Alqama said, "Yes." Then Abu Ad-Darda asked, "How (Abdullah bin Masud) used to recite the Sura starting with: "By the night as it envelopes; By the day as it appears in brightness?" (92.1-2). Alqama said "And by male and female." Abu Ad-Darda then said, "These people (of Sham) tried hard to make me accept something other than what I had heard from the Prophet."

When the emigrants reached Medina. Allah's Apostle established the bond of fraternity between `Abdur-Rahman and Sa`d bin Ar-Rabi. Sa`d said to `Abdur-Rahman, "I am the richest of all the Ansar, so I want to divide my property (between us), and I have two wives, so see which of the two you like and tell me, so that I may divorce her, and when she finishes her prescribed period (i.e. 'Idda) of divorce, then marry her." `Abdur-Rahman said, "May Allah bless your family and property for you; where is your market?" So they showed him the Qainuqa' market. (He went there and) returned with a profit in the form of dried yogurt and butter. He continued going (to the market) till one day he came, bearing the traces of yellow scent. The Prophet asked, "What is this (scent)?" He replied, "I got married." The Prophet asked, "How much Mahr did you give her?" He replied, "I gave her a datestone of gold or a gold piece equal to the weight of a date-stone." (The narrator, Ibrahim, is in doubt as to which is correct.)

That `Amr bin `Auf, who was an ally of Bani 'Amir bin Luai and one of those who fought at Badr in the company of the Prophet , said, "Allah's Apostle sent Abu 'Ubaida bin Al-Jarrah to Bahrain to bring the Jizya taxation from its people, for Allah's Apostle had made a peace treaty with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their ruler. So, Abu 'Ubaida arrived with the money from Bahrain. When the Ansar heard of the arrival of Abu 'Ubaida (on the next day) they offered the morning prayer with the Prophet and when the morning prayer had finished, they presented themselves before him. On seeing the Ansar, Allah's Apostle smiled and said, "I think you have heard that Abu 'Ubaida has brought something?" They replied, "Indeed, it is so, O Allah's Apostle!" He said, "Be happy, and hope for what will please you. By Allah, I am not afraid that you will be poor, but I fear that worldly wealth will be bestowed upon you as it was bestowed upon those who lived before you. So you will compete amongst yourselves for it, as they competed for it and it will destroy you as it did them."

Ya`la used to say, "I wish I could see Allah's Apostle at the time when he is being inspired divinely." Ya`la added "While the Prophet was at Al-Ja'rana, shaded with a cloth sheet (in the form of a tent) and there were staying with him, some of his companions under it, suddenly there came to him a bedouin wearing a cloak and perfumed extravagantly. He said, "O Allah's Apostle ! What is your opinion regarding a man who assumes the state of Ihram for `Umra wearing a cloak after applying perfume to his body?" `Umar signalled with his hand to Ya`la to come (near). Ya`la came and put his head (underneath that cloth sheet) and saw the Prophet red-faced and when that state (of the Prophet ) was over, he said, "Where is he who as already asked me about the `Umra?" The man was looked for and brought to the Prophet The Prophet said (to him), "As for the perfume you have applied to your body, wash it off your body) thrice, and take off your cloak, and then do in your `Umra the rites you do in your Hajj."

`Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:--"Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter..." (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu `Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.' "

Abu Hurairah said “When Allah, the Exalted, granted the conquest of Makkah to his Apostle, the Prophet(saws) stood among them(the people) and praised Allaah and extolled Him. He then said, Verily Allaah stopped the Elephant from Makkah, and gave His Apostle and the believers sway upon it and it has been made lawful for me only for one hour on one day then it will remain sacred till the Day of Resurrection. Its trees are not to be cut, its game is not to be molested and the things dropped there are to be picked up only by one who publicly announces it. ‘Abbas or Al ‘Abbas suggested “Apostle of Allaah(saws) except the rush(idhkir) for it is useful for our graves and our houses. The Apostle of Allaah(saws) said “Except the rush.”

Abu Dawud said “Ibn Al Musaffa added on the authority of Al Walid Abu Shah a man from the people of the Yemen stood and said “Give me in writing, Apostle of Allaah(saws)”. The Apostle of Allaah(saws) said “Give in writing to Abu Shah. I said to Al Awza’i “What does the statement mean? Give Abu Shah in writing?” He said “This was an address which he heard from the Apostle of Allaah(saws).”

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "