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."

A man said: Messenger of Allah, allow tourism for me. The Prophet (saws) said: The tourism of my people is striving in the path of Allah, the Exalted.

Yahya related to me from Malik that he heard that Umar ibn al- Khattab said, "I love to look at a Qur'an reader in white garments."

Malik related to me from Nafi that Abdullah ibn Umar said, "The idda of an umm walad when her master dies is one menstrual period."

Yahya related to me from Malik that he had heard that Abdullah ibn Masud used to say, "Wudu is necessary if a man kisses his wife."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to join the prayer along with the amirs if they joined maghrib and isha in the rain.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, shortened the prayer when he left for hajj or umra at Dhu'l Hulayfa.

Yahya related to me from Malik from Nafi that he used to travel one mail-stage with Ibn Umar, and he would not shorten the prayer.

Yahya related to me from Malik that he had heard that Abdullah ibn Umar used to disapprove of passing in front of women while they were praying.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do ghusl on the day of Fitr before going to the place of prayer.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "The prayer over Umar ibn al-Khattab was done in the mosque."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said, "Trade with the property of orphans and then it will not be eaten away by zakat."

Yahya related to me from Malik from Nafi that Abdullah ibn Urnar used to say, "The least thing that is acceptable as a sacrificial animal is a camel or a cow."

On the day of the battle of Uhud the Prophet mentioned for me both his parents (i.e. saying, "Let my parents be sacrificed for you.").

The father or Uncle of Mujibah al-Bahiliyyah visited the Messenger of Allah (saws). He then went away and came to him (again) after one year when his condition and appearance had changed.

He said: Messenger of Allah, do you not recognize me? He asked: Who are you? He replied: I am al-Bahili who came to you last year. He said: What has changed you? You were looking well, then you were good in appearance? He said: I have only food at night since I departed from you.

Thereupon the Messenger of Allah (saws) said: Why did you torment yourself? Fast during Ramadan (the month of patience) and fast for one day every month. He said: Increase it for me, for I have (more) strength. He said: Fast two days. He again said: Increase it for me. He said: Fast three days. He again said: Increase it for me. He said: Fast during the inviolable months and then stop; fast during the inviolable months and then stop; fast during the inviolable months and then stop. He indicated by his three fingers, and joined them and then opened them.

The wife of the Prophet : We set out with Allah's Apostle on one of his journeys, and when we were at Baida' or at Dhat-al-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to look for it, and so did the people along with him. Neither were they at a place of water, nor did they have any water with them. So the people went to Abu Bakr As-Siddiq and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people, stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh. He said (to me), "You have detained Allah's Apostle and the people where there is no water, and they have no water with them." So he admonished me and said what Allah wished him to say, and he hit me on my flanks with his hand. Nothing prevented me from moving (because of pain! but the position of Allah's Apostle on my thigh. So Allah's Apostle got up when dawn broke and there was no water, so Allah revealed the Verse of Tayammum. Usaid bin Hudair said, "It is not the first blessing of yours, O the family of Abu Bakr." Then we made the camel on which I was riding, got up, and found the necklace under it.

(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."

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."

(the wife of the Prophet) We set out with Allah's Apostle on one of his journeys till we reached Al- Baida' or Dhatul-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to search for it, and so did the people along with him. There was no water at that place, so the people went to Abu- Bakr As-Siddiq and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh, He said, to me: "You have detained Allah's Apostle and the people where there is no water and they have no water with them. So he admonished me and said what Allah wished him to say and hit me on my flank with his hand. Nothing prevented me from moving (because of pain) but the position of Allah's Apostle on my thigh. Allah's Apostle got up when dawn broke and there was no water. So Allah revealed the Divine Verses of Tayammum. So they all performed Tayammum. Usaid bin Hudair said, "O the family of Abu Bakr! This is not the first blessing of yours." Then the camel on which I was riding was caused to move from its place and the necklace was found beneath it.

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar."

Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded."

Allah's Apostle said to me, "Recite (of the Qur'an) for me," I said, "Shall I recite it to you although it had been revealed to you?" He said, "I like to hear (the Qur'an) from others." So I recited Surat-an- Nisa' till I reached: "How (will it be) then when We bring from each nation a witness, and We bring you (O Muhammad) as a witness against these people?" (4.41) Then he said, "Stop!" And behold, his eyes were overflowing with tears."

Once the Prophet went out and offered the funeral prayers for the martyrs of Uhud, and then went to the pulpit and said, "I am a predecessor for you and I am a witness for you: and by Allah, I am looking at my Fount just now, and the keys of the treasures of the earth (or the keys of the earth) have been given to me: and by Allah, I am not afraid that you will worship others besides Allah after me, but I am afraid that you will strive and struggle against each other over these treasures of the world."

Anas said, "When Allah's Apostle arrived at Medina, Abu Talha took hold of my hand and brought me to Allah's Apostle and said, "O Allah's Apostle! Anas is an intelligent boy, so let him serve you." Anas added, "So I served the Prophet L at home and on journeys; by Allah, he never said to me for anything which I did: Why have you done this like this or, for anything which I did not do: 'Why have you not done this like this?"

Allah's Apostle forbade Al-Wisal. The people said (to him), "But you fast Al-`Wisal," He said, "Who among you is like me? When I sleep (at night), my Lord makes me eat and drink. But when the people refused to give up Al-Wisal, he fasted Al-Wisal along with them for two days and then they saw the crescent whereupon the Prophet said, "If the crescent had not appeared I would have fasted for a longer period," as if he intended to punish them herewith.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Scorching heat is a part of the blast of Jahannam. So, when the heat is fierce, delay the prayer until it gets cooler."

He added in explanation, "The Fire complained to its Lord and said, 'My Lord, part of me has eaten another part,' so He allowed it two breaths in every year, a breath in winter and a breath in summer."

Yahya related to me from Malik from AIqama ibn Abi AIqama from his mother that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Jahm ibn Hudhayfa gave the Messenger of Allah, may Allah bless him and grant him peace, a fine striped garment from Syria and he did the prayer in it. When he had finished he said, 'Give this garment back to Abu Jahm. I lookedat its stripes in the prayer and they almost distracted me.' "

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to shorten the prayer when he travelled a distance equivalent to that between Makka and Ta'if, and that between Makka and Usfan and that between Makka and Jedda.

Malik said, "That is four mail-stages, and to me that is the most preferable distance for shortening the prayer."

Malik said, "Someone who intends to travel does not shorten the prayer until he has left the houses of the village. And he does not do it in full until he comes to the first houses of the village, or is nearby."

I followed the Prophet while he was going out to answer the call of nature. He used not to look this way or that. So, when I approached near him he said to me, "Fetch for me some stones for ' cleaning the privates parts (or said something similar), and do not bring a bone or a piece of dung." So I brought the stones in the corner of my garment and placed them by his side and I then went away from him. When he finished (from answering the call of nature) he used, them .

That the Messenger of Allah (saws) said: "Bring me a shoulder blade or tablet." Then he wrote: Not equal are those of believers who sit. 'Amr bin Umm Maktum who was behind him said: "Is there an exemption for me?" So the following was revealed: Except those who are disabled.

There are narrations on this topic from Ibn 'Abbas, Jabir and Zaid bin Thabit.

This Hadith is Hasan Sahih and it is a Hadith that is Gharib from the narration of Sulaiman At-Taimi from Abu Ishaq.

And Shu'bah and Ath-Thawri reported this Hadith from Abu Ishaq.

A tumbler (full of milk or water) was brought to the Prophet who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present and on his left side there were old men. The Prophet asked, "O boy, will you allow me to give it (i.e. the rest of the drink) to the old men?" The boy said, "O Allah's Apostle! I will not give preference to anyone over me to drink the rest of it from which you have drunk." So, the Prophet gave it to him.

A drink (milk mixed with water) was brought to Allah's Apostle who drank some of it. A boy was sitting to his right, and some old men to his left. Allah's Apostle said to the boy, "Do you allow me to give the rest of the drink to these people?" The boy said, "O Allah's Apostle! I will not give preference to anyone over me to drink the rest of it from which you have drunk." Allah's Apostle then handed the bowl (of drink) to the boy. (See Hadith No. 541).

That while he was with Allah's Apostle who was accompanied by the people on their way back from Hunain, the bedouins started begging things of Allah's Apostle so much so that they forced him to go under a Samura tree where his loose outer garment was snatched away. On that, Allah's Apostle stood up and said to them, "Return my garment to me. If I had as many camels as these trees, I would have distributed them amongst you; and you will not find me a miser or a liar or a coward."

When I came to the Prophet said on my way, "O what a long tedious tiresome night; nevertheless, it has rescued me from the place of Heathenism." A slave of mine ran away on the way. When I reached the Prophet I gave him the oath of allegiance (for Islam), and while I was sitting with him, suddenly the slave appeared. The Prophet said to me. "O Abu Huraira! Here is your slave," I said, "He (i.e. the slave) is (free) for Allah's Sake," and manumitted him.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik had said that when the Messenger of Allah, may Allah bless him and grant him peace, went to Quba, he visited Umm Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn as-Samit. One day the Messenger of Allah, may Allah bless him and grant him peace, had called on her and she had fed him, and sat down to delouse his hair. The Messenger of Allah, may Allah bless him and grant him peace, had dozed and woke up smiling. Umm Haram said, "What is making you smile, Messenger of Allah?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were riding in the middle of the sea, kings on thrones, or like kings on thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask Allah to put me among them!" So he had made a dua for her, and put his head down and slept. Then he had woken up smiling, and she said to him, "Messenger of Allah, why are you smiling?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were kings on thrones or like kings on thrones," as he had said in the first one. She said, "O Messenger of Allah! Ask Allah to put me among them!" He said, "You are among the first."

Ishaq added, "She travelled on the sea in the time of Muawiya, and when she landed, she was thrown from her mount and killed."

AbulJawza' said: A man who attended the company of the Prophet (saws) narrated to me (it is thought that he was Abdullah ibn Amr): The Prophet (saws) said to me: Come to me tomorrow; I shall give you something, I shall give you something, I shall reward you something, I shall donate something to you. I thought that he would give me some present.

He said (to me when I came to him): When the day declines, stand up and pray four rak'ahs. He then narrated something similar.

This version adds: Do not stand until you glorify Allah ten times, and praise Him ten times, and exalt Him ten times, and say, "There is no god but Allah" ten times. Then you should do that in four rak'ahs. If you are the greatest sinner on earth, you will be forgiven (by Allah) on account of this (prayer).

I asked: If I cannot pray this the appointed hour, (what should I do)? He replied: Pray that by night or by day (at any time).

Abu Dawud said: Habban b. Hilal is the maternal uncle of Hilal al-Ra'i.

Abu Dawud said: This tradition has been narrated by al-Mustamir b. al-Riyyan from Ibn al-Jawza' from 'Abd Allah b. 'Amr without referring to the Prophet (saws), - narrated as a statement of 'Abd Allah b. 'Amr himself (mauquf). This has also been narrated by Rawh b. al-Musayyab, and Ja'far b. Sulaiman from 'Amr b. Malik al-Nakri from Abu al-Jauza' from Ibn 'Abbas as his own statement (and not the statement of the Prophet). But the version of Rawh has the words: "The tradition of the Prophet (saws)."