Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

Malik said, "That is the best that I have heard on the matter."

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

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

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

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

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

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "

Yahya related to me from Malik from Da'ud ibn al-Husayn from Abu Sufyan, the mawla of Ibn Abi Ahmad, from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, allowed the produce of an ariya to be bartered for an estimation of what the produce would be when the crop was less than five awsuq or equal to five awsuq. Da'ud wasn't sure whether he said five awsuq or less than five.

Malik said, ''Ariyas can be sold for an estimation of what amount of dried dates will be produced. The crop is examined and estimated while still on the palm. This is allowed because it comes into the category of delegation of responsibility, handing over rights, and involving a partner. Had it been like a form of sale, no one would have made someone else a partner in the produce until it was ready nor would he have renounced his right to any of it or put someone in charge of it until the buyer had taken possession."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Yahya said that he heard Malik say, "What is done in our community about someone who consumed an animal without the permission of its owner, is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods."

Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner, "He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force.

Yahya said that he heard Malik say, "If a man is entrusted with some wealth and then trades with it for himself and makes a profit, the profit is his because he is responsible for the property until he returns it to its owner. "

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

A man of the Ansar came to the Prophet (saws) and begged from him.

He (the Prophet) asked: Have you nothing in your house? He replied: Yes, a piece of cloth, a part of which we wear and a part of which we spread (on the ground), and a wooden bowl from which we drink water.

He said: Bring them to me. He then brought these articles to him and he (the Prophet) took them in his hands and asked: Who will buy these? A man said: I shall buy them for one dirham. He said twice or thrice: Who will offer more than one dirham? A man said: I shall buy them for two dirhams.

He gave these to him and took the two dirhams and, giving them to the Ansari, he said: Buy food with one of them and hand it to your family, and buy an axe and bring it to me. He then brought it to him. The Messenger of Allah (saws) fixed a handle on it with his own hands and said: Go, gather firewood and sell it, and do not let me see you for a fortnight. The man went away and gathered firewood and sold it. When he had earned ten dirhams, he came to him and bought a garment with some of them and food with the others.

The Messenger of Allah (saws) then said: This is better for you than that begging should come as a spot on your face on the Day of Judgment. Begging is right only for three people: one who is in grinding poverty, one who is seriously in debt, or one who is responsible for compensation and finds it difficult to pay.

Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Abu Sufyan narrated to me personally, saying, "I set out during the Truce that had been concluded between me and Allah's Apostle. While I was in Sham, a letter sent by the Prophet was brought to Heraclius. Dihya Al-Kalbi had brought and given it to the governor of Busra, and the latter forwarded it to Heraclius. Heraclius said, 'Is there anyone from the people of this man who claims to be a prophet?' The people replied, 'Yes.' So I along with some of Quraishi men were called and we entered upon Heraclius, and we were seated in front of him. Then he said, 'Who amongst you is the nearest relative to the man who claims to be a prophet?' So they made me sit in front of him and made my companions sit behind me. Then he called upon his translator and said (to him). 'Tell them ( i.e. Abu Sufyan's companions) that I am going to ask him (i.e. Abu Sufyan) regarding that man who claims to be a prophet. So, if he tell me a lie, they should contradict him (instantly).' By Allah, had I not been afraid that my companions would consider me a liar, I would have told lies. Heraclius then said to his translator, 'Ask him: What is his (i.e. the Prophet's) family status amongst you? I said, 'He belongs to a noble family amongst us." Heraclius said, 'Was any of his ancestors a king?' I said, 'No.' He said, 'Did you ever accuse him of telling lies before his saying what he has said?' I said, 'No.' He said, 'Do the nobles follow him or the poor people?' I said, 'It is the poor who followed him.' He said, 'Is the number of his follower increasing or decreasing?' I said, 'The are increasing.' He said, 'Does anyone renounce his religion (i.e. Islam) after embracing it, being displeased with it?' I said, 'No.' He said, 'Did you fight with him?' I replied, 'Yes.' He said, 'How was your fighting with him?' I said, 'The fighting between us was undecided and victory was shared by him and us by turns. He inflicts casualties upon us and we inflict casualties upon him.' He said, 'Did he ever betray?' I said, 'No, but now we are away from him in this truce and we do not know what he will do in it" Abu Sufyan added, "By Allah, I was not able to insert in my speech a word (against him) except that. Heraclius said, 'Did anybody else (amongst you) ever claimed the same (i.e. Islam) before him? I said, 'No.' Then Heraclius told his translator to tell me (i.e. Abu Sufyan), 'I asked you about his family status amongst you, and you told me that he comes from a noble family amongst you Verily, all Apostles come from the noblest family among their people. Then I asked you whether any of his ancestors was a king, and you denied that. Thereupon I thought that had one of his fore-fathers been a king, I would have said that he (i.e. Muhammad) was seeking to rule the kingdom of his fore-fathers. Then I asked you regarding his followers, whether they were the noble or the poor among the people, and you said that they were only the poor (who follow him). In fact, such are the followers of the Apostles. Then I asked you whether you have ever accused him of telling lies before saying what he said, and your reply was in the negative. Therefore, I took for granted that a man who did not tell a lie about others, could ever tell a lie about Allah. Then I asked you whether anyone of his followers had renounced his religion (i.e. Islam) after embracing it, being displeased with it, and you denied that. And such is Faith when it mixes with the cheerfulness of the hearts. Then I asked you whether his followers were increasing or decreasing. You claimed that they were increasing. That is the way of true faith till it is complete. Then I asked you whether you had ever fought with him, and you claimed that you had fought with him and the battle between you and him was undecided and the victory was shared by you and him in turns; he inflicted casual ties upon you and you inflicted casualties upon them. Such is the case with the Apostles; they are out to test and the final victory is for them. Then I asked you whether he had ever betrayed; you claimed that he had never betrayed. I need, Apostles never betray. Then I asked you whether anyone had said this statement before him; and you denied that. Thereupon I thought if somebody had said that statement before him, then I would have said that he was but a man copying some sayings said before him." Abu Safyan said, "Heraclius then asked me, 'What does he order you to do?' I said, 'He orders us (to offer) prayers and (to pay) Zakat and to keep good relationship with the Kith and kin and to be chaste.' Then Heraclius said, 'If whatever you have said, is true, he is really a prophet, and I knew that he ( i.e. the Prophet ) was going to appear, but I never thought that he would be from amongst you. If I were certain that I can reach him, I would like to meet him and if I were with him, I would wash his feet; and his kingdom will expand (surely to what is under my feet.' Then Heraclius asked for the letter of Allah's Apostle and read it wherein was written: "In the Name of Allah, the Most Beneficent, the Most Merciful. This letter is) from Muhammad, Apostle of Allah, to Heraclius, the sovereign of Byzantine........ Peace be upon him who follows the Right Path. Now then, I call you to embrace Islam. Embrace Islam and you will be saved (from Allah's Punishment); embrace Islam, and Allah will give you a double reward, but if you reject this, you will be responsible for the sins of the tillers (i.e. the people of your kingdom) and (Allah's Statement):--"O the people of the Scripture (Jews and Christians)! Come to a word common to you and us that we worship None but Allah....bear witness that we are Muslims.' (3.64) When he finished reading the letter, voices grew louder near him and there was a great hue and cry, and we were ordered to go out." Abu Sufyan added, "While coming out, I said to my companions, 'The situation of Ibn Abu Kabsha (i.e. Muhammad) has become strong; even the king of Banu Al14 Asfar is afraid of him.' So I continued to believe that Allah's Apostle would be victorious, till Allah made me embrace Islam." Az-Zuhri said, "Heraclius then invited all the chiefs of the Byzantines and had them assembled in his house and said, 'O group of Byzantines! Do you wish to have a permanent success and guidance and that your kingdom should remain with you?' (Immediately after hearing that), they rushed towards the gate like onagers, but they found them closed. Heraclius then said, 'Bring them back to me.' So he called them and said, 'I just wanted to test the strength of your adherence to your religion. Now I have observed of you that which I like.' Then the people fell in prostration before him and became pleased with him." (See Hadith No. 6,Vol 1)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' They are increasing.' He said, 'Does anybody amongst those who embrace his (the Prophet's) Religion become displeased and then discard his Religion?'. I replied, 'No. ' He said, 'Does he break his promises? I replied, 'No, but we are now at truce with him and we are afraid that he may betray us." Abu Sufyan added, "Other than the last sentence, I could not say anything against him. Caesar then asked, 'Have you ever had a war with him?' I replied, 'Yes.' He said, 'What was the outcome of your battles with him?' I replied, 'The result was unstable; sometimes he was victorious and sometimes we.' He said, 'What does he order you to do?' I said, 'He tells us to worship Allah alone, and not to worship others along with Him, and to leave all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep promises and return what is entrusted to us.' When I had said that, Caesar said to his translator, 'Say to him: I ask you about his lineage and your reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following a claim that had been said before him. When I asked you whether he was ever blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom. When I asked you whether the rich or the poor people followed him, you replied that it was the poor who followed him. In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is complete (in all respects). I asked you whether there was anybody who, after embracing his religion, became displeased and discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you whether he had ever broken his promise. You replied in the negative. And such are the apostles; they never break their promises. When I asked you whether you fought with him and he fought with you, you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the apostles; they are put to trials and the final victory is always theirs. Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you. These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear, but I did not know that he would be from amongst you. If what you say should be true, he will very soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go immediately to meet Him; and were I with him, then I would certainly wash his feet.' " Abu Sufyan added, "Caesar then asked for the letter of Allah's Apostle and it was read. Its contents were: "In the name of Allah, the most Beneficent, the most Merciful (This letter is) from Muhammad, the slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this invitation of Islam, you shall be responsible for misguiding the tillers (i.e. your nation). O people of the Scriptures! Come to a word common to you and us and you, that we worship. None but Allah, and that we associate nothing in worship with Him; and that none of us shall take others as Lords besides Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto Him)..(3.64) Abu Sufyan added, "When Heraclius had finished his speech, there was a great hue and cry caused by the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what they said. So, we were turned out of the court. When I went out with my companions and we were alone, I said to them, 'Verily, Ibn Abi Kabsha's (i.e. the Prophet's) affair has gained power. This is the King of Bani Al-Asfar fearing him." Abu Sufyan added, "By Allah, I remained low and was sure that his religion would be victorious till Allah converted me to Islam, though I disliked it."