That she asked the Prophet , 'Have you encountered a day harder than the day of the battle) of Uhud?" The Prophet replied, "Your tribes have troubled me a lot, and the worse trouble was the trouble on the day of 'Aqaba when I presented myself to Ibn `Abd-Yalail bin `Abd-Kulal and he did not respond to my demand. So I departed, overwhelmed with excessive sorrow, and proceeded on, and could not relax till I found myself at Qarnath-Tha-alib where I lifted my head towards the sky to see a cloud shading me unexpectedly. I looked up and saw Gabriel in it. He called me saying, 'Allah has heard your people's saying to you, and what they have replied back to you, Allah has sent the Angel of the Mountains to you so that you may order him to do whatever you wish to these people.' The Angel of the Mountains called and greeted me, and then said, "O Muhammad! Order what you wish. If you like, I will let Al-Akh-Shabain (i.e. two mountains) fall on them." The Prophet said, "No but I hope that Allah will let them beget children who will worship Allah Alone, and will worship None besides Him."

Magic was worked on the Prophet so that he began to fancy that he was doing a thing which he was not actually doing. One day he invoked (Allah) for a long period and then said, "I feel that Allah has inspired me as how to cure myself. Two persons came to me (in my dream) and sat, one by my head and the other by my feet. One of them asked the other, "What is the ailment of this man?" The other replied, 'He has been bewitched" The first asked, 'Who has bewitched him?' The other replied, 'Lubaid bin Al-A'sam.' The first one asked, 'What material has he used?' The other replied, 'A comb, the hair gathered on it, and the outer skin of the pollen of the male date-palm.' The first asked, 'Where is that?' The other replied, 'It is in the well of Dharwan.' " So, the Prophet went out towards the well and then returned and said to me on his return, "Its date-palms (the date-palms near the well) are like the heads of the devils." I asked, "Did you take out those things with which the magic was worked?" He said, "No, for I have been cured by Allah and I am afraid that this action may spread evil amongst the people." Later on the well was filled up with earth.

Once I went with `Umar bin Al-Khattab to the market. A young woman followed `Umar and said, "O chief of the believers! My husband has died, leaving little children. By Allah, they have not even a sheep's trotter to cook; they have no farms or animals. I am afraid that they may die because of hunger, and I am the daughter of Khufaf bin Ima Al-Ghafari, and my father witnessed the Pledge of allegiance) of Al-Hudaibiya with the Prophet.' `Umar stopped and did not proceed, and said, "I welcome my near relative." Then he went towards a strong camel which was tied in the house, and carried on to it, two sacks he had loaded with food grains and put between them money and clothes and gave her its rope to hold and said, "Lead it, and this provision will not finish till Allah gives you a good supply." A man said, "O chief of the believers! You have given her too much." "`Umar said disapprovingly. "May your mother be bereaved of you! By Allah, I have seen her father and brother besieging a fort for a long time and conquering it, and then we were discussing what their shares they would have from that war booty."

On the authority of Abu Huraira: The people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" The Prophet said, "Do you have any difficulty in seeing the moon on a full moon night?" They said, "No, O Allah's Apostle." He said, "Do you have any difficulty in seeing the sun when there are no clouds?" They said, "No, O Allah's Apostle." He said, "So you will see Him, like that. Allah will gather all the people on the Day of Resurrection, and say, 'Whoever worshipped something (in the world) should follow (that thing),' so, whoever worshipped the sun will follow the sun, and whoever worshiped the moon will follow the moon, and whoever used to worship certain (other false) deities, he will follow those deities. And there will remain only this nation with its good people (or its hypocrites). (The sub-narrator, Ibrahim is in doubt.) Allah will come to them and say, 'I am your Lord.' They will (deny Him and) say, 'We will stay here till our Lord comes, for when our Lord comes, we will recognize Him.' So Allah will come to them in His appearance which they know, and will say, 'I am your Lord.' They will say, 'You are our Lord,' so they will follow Him.

Then a bridge will be laid across Hell (Fire)' I and my followers will be the first ones to go across it and none will speak on that Day except the Apostles. And the invocation of the Apostles on that Day will be, 'O Allah, save! Save!' In Hell (or over The Bridge) there will be hooks like the thorns of As-Sa'dan (thorny plant). Have you seen As-Sa'dan? " They replied, "Yes, O Allah's Apostle!" He said, "So those hooks look like the thorns of As-Sa'dan, but none knows how big they are except Allah. Those hooks will snap the people away according to their deeds. Some of the people will stay in Hell (be destroyed) because of their (evil) deeds, and some will be cut or torn by the hooks (and fall into Hell) and some will be punished and then relieved. When Allah has finished His Judgments among the people, He will take whomever He will out of Hell through His Mercy. He will then order the angels to take out of the Fire all those who used to worship none but Allah from among those whom Allah wanted to be merciful to and those who testified (in the world) that none has the right to be worshipped but Allah. The angels will recognize them in the Fire by the marks of prostration (on their foreheads), for the Fire will eat up all the human body except the mark caused by prostration as Allah has forbidden the Fire to eat the mark of prostration. They will come out of the (Hell) Fire, completely burnt and then the water of life will be poured over them and they will grow under it as does a seed that comes in the mud of the torrent.

Then Allah will finish the judgments among the people, and there will remain one man facing the (Hell) Fire and he will be the last person among the people of Hell to enter Paradise. He will say, 'O my Lord! Please turn my face away from the fire because its air has hurt me and its severe heat has burnt me.' So he will invoke Allah in the way Allah will wish him to invoke, and then Allah will say to him, 'If I grant you that, will you then ask for anything else?' He will reply, 'No, by Your Power, (Honor) I will not ask You for anything else.' He will give his Lord whatever promises and covenants Allah will demand.

So Allah will turn his face away from Hell (Fire). When he will face Paradise and will see it, he will remain quiet for as long as Allah will wish him to remain quiet, then he will say, 'O my Lord! Bring me near to the gate of Paradise.' Allah will say to him, 'Didn't you give your promises and covenants that you would never ask for anything more than what you had been given? Woe on you, O Adam's son! How treacherous you are!' He will say, 'O my lord,' and will keep on invoking Allah till He says to him, 'If I give what you are asking, will you then ask for anything else?' He will reply, 'No, by Your (Honor) Power, I will not ask for anything else.'

Then he will give covenants and promises to Allah and then Allah will bring him near to the gate of Paradise. When he stands at the gate of Paradise, Paradise will be opened and spread before him, and he will see its splendor and pleasures whereupon he will remain quiet as long as Allah will wish him to remain quiet, and then he will say, O my Lord! Admit me into Paradise.' Allah will say, 'Didn't you give your covenants and promises that you would not ask for anything more than what you had been given?' Allah will say, 'Woe on you, O Adam's son! How treacherous you are! '

The man will say, 'O my Lord! Do not make me the most miserable of Your creation,' and he will keep on invoking Allah till Allah will laugh because of his sayings, and when Allah will laugh because of him, He will say to him, 'Enter Paradise,' and when he will enter it, Allah will say to him, 'Wish for anything.' So he will ask his Lord, and he will wish for a great number of things, for Allah Himself will remind him to wish for certain things by saying, '(Wish for) so-and-so.' When there is nothing more to wish for, Allah will say, 'This is for you, and its equal (is for you) as well."

'Ata' bin Yazid added: Abu Sa'id Al-Khudri who was present with Abu Huraira, did not deny whatever the latter said, but when Abu Huraira said that Allah had said, "That is for you and its equal as well," Abu Sa'id Al-Khudri said, "And ten times as much, O Abu Huraira!" Abu Huraira said, "I do not remember, except his saying, 'That is for you and its equal as well.'" Abu Sa'id Al-Khudri then said, "I testify that I remember the Prophet saying, 'That is for you, and ten times as much.' ' Abu Huraira then added, "That man will be the last person of the people of Paradise to enter Paradise."

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping). `Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle was still in Mecca and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two ,Harras." So, when the Prophet told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle and fed two camels which he had, with the leaves of Samor trees for four months.

A woman came to the Prophet (saws) while we were with him.

She said: Messenger of Allah, my husband, Safwan ibn al-Mu'attal, beats me when I pray, and makes me break my fast when I keep a fast, and he does not offer the dawn prayer until the sun rises.

He asked Safwan, who was present, about what she had said. He replied: Messenger of Allah, as for her statement "he beats me when I pray", she recites two surahs (during prayer) and I have prohibited her (to do so).

He (the Prophet) said: If one surah is recited (during prayer), that is sufficient for the people.

(Safwan continued:) As regards her saying "he makes me break my fast," she dotes on fasting; I am a young man, I cannot restrain myself.

The Messenger of Allah (saws) said on that day: A woman should not fast except with the permission of her husband.

(Safwan said:) As for her statement that I do not pray until the sun rises, we are a people belonging to a class, and that (our profession of supplying water) is already known about us. We do not awake until the sun rises. He said: When you awake, offer your prayer.

On the day when Mecca was conquered, the Messenger of Allah (saws) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (saws) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (saws). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "Onethird of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa`d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa`d bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

A bedouin with unkempt hair came to Allah's Apostle and said, "O Allah's Apostle! Tell me what Allah has enjoined on me as regards prayers." The Prophet said, "You have to offer perfectly the five (compulsory) prayers in a day and a night (24 hrs.), except if you want to perform some extra optional prayers." The bedouin said, "Tell me what Allah has enjoined on me as regards fasting." The Prophet said, "You have to observe fast during the month of Ramadan except if you fast some extra optional fast." The bedouin said, "Tell me what Allah has enjoined on me as regard Zakat." The Prophet then told him the Islamic laws and regulations whereupon the bedouin said, "By Him Who has honored you, I will not perform any optional deeds of worship and I will not leave anything of what Allah has enjoined on me." Allah's Apostle said, "He will be successful if he has told the truth (or he will enter Paradise if he said the truth)." And some people said, "The Zakat for one-hundred and twenty camels is two Hiqqas, and if the Zakat payer slaughters the camels intentionally or gives them as a present or plays some other trick in order to avoid the Zakat, then there is no harm (in it) for him.

I came to `Aisha during the solar eclipse. The people were standing (offering prayer) and she too, was standing and offering prayer. I asked, "What is wrong with the people?" She pointed towards the sky with her hand and said, Subhan Allah!'' I asked her, "Is there a sign?" She nodded with her head meaning, yes. When Allah's Apostle finished (the prayer), he glorified and praised Allah and said, "There is not anything that I have not seen before but I have seen now at this place of mine, even Paradise and Hell. It has been revealed to me that you people will be put to trial nearly like the trial of Ad-Dajjal, in your graves. As for the true believer or a Muslim (the sub-narrator is not sure as to which of the two (words Asma' had said) he will say, 'Muhammad came with clear signs from Allah, and we responded to him (accepted his teachings) and believed (what he said)' It will be said (to him) 'Sleep in peace; we have known that you were a true believer who believed with certainty.' As for a hypocrite or a doubtful person, (the sub-narrator is not sure as to which word Asma' said) he will say, 'I do not know, but I heard the people saying something and so I said the same.' "

(the wife of the Prophet) "When the ailment of Allah's Apostle became aggravated, he requested his wives to permit him to be (treated) nursed in my house, and they gave him permission. He came out (to my house), walking between two men with his feet dragging on the ground, between `Abbas bin `Abdul--Muttalib and another man" 'Ubaidullah said, "I told `Abdullah of what `Aisha had said, `Abdullah bin `Abbas said to me, 'Do you know who is the other man whom `Aisha did not name?' I said, 'No.' Ibn `Abbas said, 'It was `Ali bin Abu Talib." `Aisha, the wife of the Prophet used to narrate saying, "When Allah's Apostle entered my house and his disease became aggravated, he said, " Pour on me the water of seven water skins, the mouths of which have not been untied, so that I may give advice to the people.' So we let him sit in a big basin belonging to Hafsa, the wife of the Prophet and then started to pour water on him from these water skins till he started pointing to us with his hands intending to say, 'You have done your job." `Aisha added, "Then he went out to the people and led them in prayer and preached to them."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "There was an eclipse of the sun in the time of the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, led the people in prayer. He stood, and did so for a long time. Then he went into ruku, and made the ruku long. Then he stood again, and did so for a long time, though not as long as the first time. Then he went into ruku, and made the ruku long, though not as long as thefirst time. Then he rose, and went down into sajda. He then did the same in the second raka, and by the time he had finished the sun had appeared. He then gave a khutba to the people, in which he praised Allah and then said, 'The sun and the moon are two of Allah's signs. They do not eclipse for anyone's death nor for anyone's life. When you see an eclipse, call on Allah and say, "Allah is greater" and give sadaqa.' Then he said, 'O community of Muhammad! ByAllah, there is no-one more jealous than Allah of a male or female slave of his who commits adultery. O community of Muhammad! By Allah, if you knew what I knew, you would laugh little and weep much'."

Yahya related to me from Malik from Ibn Shihab from Uthman ibn Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said to her, 'You have nothing in the Book of Allah, and I do not know that you have anything in the sunna of the Messenger of Allah, may Allah bless him and grant him peace. Go away therefore, until I have questioned the people.' (i.e.the Companions). He questioned the people, and al-Mughira ibn Shuba said, 'I was present with the Messenger of Allah, may Allah bless him and grant him peace, when he gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else with you?' Muhammad ibn Maslama al-Ansari stood up and said the like of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the other grandmother came to Umar ibn al-Khattab and asked him for her inheritance. He said to her, "You have nothing in the Book of Allah, and what has been decided is only for other than you, and I am not one to add to the fixed shares, other than that sixth. If there are two of you together, it is between you. If eitherof you is left alone with it, it is hers."

"We were with `Aisha discussing the regularity of offering the prayer and dignifying it. She said, 'When Allah's Apostle fell sick with the fatal illness and when the time of prayer became due and Adhan was pronounced, he said, 'Tell Abu Bakr to lead the people in prayer.' He was told that Abu Bakr was a softhearted man and would not be able to lead the prayer in his place. The Prophet gave the same order again but he was given the same reply. He gave the order for the third time and said, 'You (women) are the companions of Joseph. Tell Abu Bakr to lead the prayer.' So Abu Bakr came out to lead the prayer. In the meantime the condition of the Prophet improved a bit and he came out with the help of two men one on each side. As if I was observing his legs dragging on the ground owing to the disease. Abu Bakr wanted to retreat but the Prophet beckoned him to remain at his place and the Prophet was brought till he sat beside Abu Bakr." Al-A`mash was asked, "Was the Prophet praying and Abu Bakr following him, and were the people following Abu Bakr in that prayer?" Al- A`mash replied in the affirmative with a nod of his head. Abu Muawiya said, "The Prophet was sitting on the left side of Abu Bakr who was praying while standing."

When Allah's Apostle became seriously ill, Bilal came to him for the prayer. He said, "Tell Abu Bakr to lead the people in the prayer." I said, "O Allah's Apostle! Abu Bakr is a softhearted man and if he stands in your place, he would not be able to make the people hear him. Will you order `Umar (to lead the prayer)?" The Prophet said, "Tell Abu Bakr to lead the people in the prayer." Then I said to Hafsa, "Tell him, Abu i Bakr is a softhearted man and if he stands in his place, he would not be able to make the people hear him. Would you order `Umar to lead the prayer?' " Hafsa did so. The Prophet said, "Verily you are the companions of Joseph. Tell Abu Bakr to lead the people in the prayer." So Abu- Bakr stood for the prayer. In the meantime Allah's Apostle felt better and came out with the help of two persons and both of his legs were dragging on the ground till he entered the mosque. When Abu Bakr heard him coming, he tried to retreat but Allah's Apostle beckoned him to carry on. The Prophet sat on his left side. Abu Bakr was praying while standing and Allah's Apostle was leading the prayer while sitting. Abu Bakr was following the Prophet and the people were following Abu Bakr (in the prayer).

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar.

Ishaq bin Mansur said: "I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: "I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: "I am selling it to you with the condition that I am its tailor," then there is no harm in it. And, if he said: "I am selling it to you with the condition that I am the one who bleaches it" then there is no harm in it, because this is only one condition.' And Ishaq said as he said."

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

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

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

I went out of Medina towards Al-Ghaba. When I reached the mountain path of Al-Ghaba, a slave of `Abdur-Rahman bin `Auf met me. I said to him, "Woe to you! What brought you here?" He replied, "The she-camels of the Prophet have been taken away." I said, "Who took them?" He said, "Ghatafan and Fazara." So, I sent three cries, "O Sabaha-h ! O Sabahah !" so loudly that made the people in between its (i.e. Medina's) two mountains hear me. Then I rushed till I met them after they had taken the camels away. I started throwing arrows at them saying, "I am the son of Al-Akwa`"; and today perish the mean people!" So, I saved the she-camels from them before they (i.e. the robbers) could drink water. When I returned driving the camels, the Prophet met me, I said, "O Allah's Apostle Those people are thirsty and I have prevented them from drinking water, so send some people to chase them." The Prophet said, "O son of Al-Akwa`, you have gained power (over your enemy), so forgive (them). (Besides) those people are now being entertained by their folk."

I went to Sham and offered a two-rak`at prayer and then said, "O Allah! Bless me with a good pious companion." So I went to some people and sat with them. An old man came and sat by my side. I asked, "Who is he?" They replied, "(He is) Abu-Ad-Darda.' I said (to him), "I prayed to Allah to bless me with a pious companion and He sent you to me." He asked me, "From where are you?" I replied, "From the people of Al-Kufa." He said, "Isn't there amongst you Ibn Um `Abd, the one who used to carry the shoes, the cushion(or pillow) and the water for ablution? Is there amongst you the one whom Allah gave Refuge from Satan through the request of His Prophet. Is there amongst you the one who keeps the secrets of the Prophet which nobody knows except him?" Abu Darda further asked, "How does `Abdullah (bin Mas`ud) recite the Sura starting with, 'By the Night as it conceals (the light)." (92.1) Then I recited before him: 'By the Night as it envelops: And by the Day as it appears in brightness; And by male and female.' (91.1-3) On this Abu Ad-Darda' said, "By Allah, the Prophet made me recite the Sura in this way while I was listening to him (reciting it).

While I was sitting in the Mosque of Medina, there entered a man (Abdullah bin Salam) with signs of solemnity over his face. The people said, "He is one of the people of Paradise." He prayed two light rak`at and then left. I followed him and said, "When you entered the Mosque, the people said, 'He is one of the people of Paradise.' " He said, "By Allah, one ought not say what he does not know; and I will tell you why. In the lifetime of the Prophet I had a dream which I narrated to him. I saw as if I were in a garden." He then described its extension and greenery. He added: In its center there was an iron pillar whose lower end was fixed in the earth and the upper end was in the sky, and at its upper end there was a (ring-shaped) hand-hold. I was told to climb it. I said, "I can't." "Then a servant came to me and lifted my clothes from behind and I climbed till I reached the top (of the pillar). Then I got hold of the hand-hold, and I was told to hold it tightly, then I woke up and (the effect of) the handhold was in my hand. I narrated al I that to the Prophet who said, 'The garden is Islam, and the handhold is the Most Truth-worthy Hand-Hold. So you will remain as a Muslim till you die." The narrator added: "The man was `Abdullah bin Salam."

During one of his Ghazawat, the Prophet encountered the pagans, and the two armies fought, and then each of them returned to their army camps. Amongst the (army of the) Muslims there was a man who would follow every pagan separated from the army and strike him with his sword. It was said, "O Allah's Apostle! None has fought so satisfactorily as so-and-so (namely, that brave Muslim). "The Prophet said, "He is from the dwellers of the Hell-Fire." The people said, "Who amongst us will be of the dwellers of Paradise if this (man) is from the dwellers of the Hell-Fire?" Then a man from amongst the people said, "I will follow him and accompany him in his fast and slow movements." The (brave) man got wounded, and wanting to die at once, he put the handle of his sword on the ground and its tip in between his breasts, and then threw himself over it, committing suicide. Then the man (who had watched the deceased) returned to the Prophet and said, "I testify that you are Apostle of Allah." The Prophet said, "What is this?" The man told him the whole story. The Prophet said, "A man may do what may seem to the people as the deeds of the dwellers of Paradise, but he is of the dwellers of the Hell-Fire and a man may do what may seem to the people as the deeds of the dwellers of the Hell-Fire, but he is from the dwellers of Paradise."

Mu’awiyah said: Rabi’ah b. Yazid narrated this tradition to me from Abu Idris and the authority of ‘Uqbah b.’Amir.

We went out with the Messenger of Allah (saws) accompanying the bier of a man of the Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (saws) sat down and we also sat down around him as if birds were over our heads. He had in his hand a stick with which he was scratching the ground.

He then raised his head and said: Seek refuge with Allah from the punishment in the grave. He said it twice or thrice.

The version of Jabir adds here: He hears the beat of their sandals when they go back, and at that moment he is asked: O so and so! Who is your Lord, what is your religion, and who is your Prophet?

Hannad's version says: Two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: My Lord is Allah. They will ask him: What is your religion? He will reply: My religion is Islam. They will ask him: What is your opinion about the man who was sent on a mission among you? He will reply: He is the Messenger of Allah (saws). They will ask: Who made you aware of this? He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by Allah's words: "Allah establishes those who believe with the word that stands firm in this world and the next."

The agreed version reads: Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of its air and perfume will come to him, and a space will be made for him as far as the eye can see.

He also mentioned the death of the infidel, saying: His spirit will be restored to his body, two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: Alas, alas! I do not know. They will ask him: What is your religion? He will reply: Alas, alas! I do not know. They will ask: Who was the man who was sent on a mission among you? He will reply: Alas, alas! I do not know. Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will come to him, and his grave will be compressed, so that his ribs will be crushed together.

Jabir's version adds: One who is blind and dumb will then be placed in charge of him, having a sledge-hammer such that if a mountain were struck with it, it would become dust. He will give him a blow with it which will be heard by everything between the east and the west except by men and jinn, and he will become dust. Then his spirit will be restored to him.

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands. The first one said, "My husband is like the meat of a slim weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it." The second one said, "I shall not relate my husband's news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits." The third one said, "My husband, the "too-tall"! if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will keep me hanging (neither divorcing me nor treating me as a wife)." The fourth one said, "My husband is (moderate in temper) like the night of Tihama: neither hot nor cold; I am neither afraid of him, nor am I discontented with him." The fifth one said, "My husband, when entering (the house) is a leopard (sleeps a lot), and when going out, is a lion (boasts a lot). He does not ask about whatever is in the house." The sixth one said, "If my husband eats, he eats too much (leaving the dishes empty), and if he drinks he leaves nothing; if he sleeps he sleeps he rolls himself (alone in our blankets); and he does not insert his palm to inquire about my feelings." The seventh one said, "My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both." The eighth one said, "My husband is soft to touch like a rabbit and smells like a Zarnab (a kind of good smelling grass)." The ninth one said, "My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are abundant (i.e. generous to his guests) and his house is near to the people (who would easily consult him)." The tenth one said, "My husband is Malik (possessor), and what is Malik? Malik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests." The eleventh one said, "My husband is Abu Zar` and what is Abu Zar` (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded with them and my arms have become fat (i.e., I have become fat). And he has pleased me, and I have become so happy that I feel proud of myself. He found me with my family who were mere owners of sheep and living in poverty, and brought me to a respected family having horses and camels and threshing and purifying grain. Whatever I say, he does not rebuke or insult me. When I sleep, I sleep till late in the morning, and when I drink water (or milk), I drink my fill. The mother of Abu Zar and what may one say in praise of the mother of Abu Zar? Her saddle bags were always full of provision and her house was spacious. As for the son of Abu Zar, what may one say of the son of Abu Zar? His bed is as narrow as an unsheathed sword and an arm of a kid (of four months) satisfies his hunger. As for the daughter of Abu Zar, she is obedient to her father and to her mother. She has a fat well-built body and that arouses the jealousy of her husband's other wife. As for the (maid) slave girl of Abu Zar, what may one say of the (maid) slavegirl of Abu Zar? She does not uncover our secrets but keeps them, and does not waste our provisions and does not leave the rubbish scattered everywhere in our house." The eleventh lady added, "One day it so happened that Abu Zar went out at the time when the milk was being milked from the animals, and he saw a woman who had two sons like two leopards playing with her two breasts. (On seeing her) he divorced me and married her. Thereafter I married a noble man who used to ride a fast tireless horse and keep a spear in his hand. He gave me many things, and also a pair of every kind of livestock and said, Eat (of this), O Um Zar, and give provision to your relatives." She added, "Yet, all those things which my second husband gave me could not fill the smallest utensil of Abu Zar's." `Aisha then said: Allah's Apostle said to me, "I am to you as Abu Zar was to his wife Um Zar."

Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."

Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "

Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."

Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."