The Prophet said, "He who is not merciful to others, will not be treated mercifully.

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

The Messenger of Allah (saws) said: When Allah has a good purpose for a ruler, He appoints for him a sincere minister who reminds him if he forgets and helps him if he remembers; but when Allah has a different purpose from that for him. He appoints for him an evil minister who does not remind him if he forgets and does not help him if he remembers.

Al-Mustawrid heard the Prophet (saws) say: He who acts as an employee for us must get a wife; if he has not a servant, he must get one, and if he has not a dwelling, he must get one.

He said that Abu Bakr reported: I was told that the Prophet (saws) said: He who takes anything else he is unfaithful or thief.

Abu Dawud said: Ghimr means malice and enimity ; qani (dependant), a subordinate servant like a special servant.

The Prophet (saws) said: That I sit in the company of the people who remember Allah the Exalted from morning prayer till the sun rises is dearer to me than that I emancipate four slaves from the children of Isma`il, and that I sit with the people who remember Allah from afternoon prayer till the sun sets is dearer to me than that I emancipate four slaves.

A man of the Ansar called him and AbdurRahman ibn Awf and supplied them wine before it was prohibited. Ali then led them in the evening prayer, and he recited; "Say: O ye who reject faith." He was confused in it. Then the following verse came down: "O ye who believe! approach not prayers with a mind befogged until you can understand all that ye say.

Another chain reports a similar hadith.

When the Verse: 'It is those who believe and confuse not their belief with wrong (i.e., worshipping others besides Allah): (6.82) was revealed, it became very hard on the companions of the Prophet and they said, "Who among us has not confused his belief with wrong (oppression)?" On that, Allah's Apostle said, "This is not meant (by the Verse). Don't you listen to Luqman's statement: 'Verily! Joining others in worship with Allah is a great wrong indeed.' (31.13)

The Prophet said, "Whoever possesses the following three qualities will taste the sweetness of faith:

1. The one to whom Allah and His Apostle become dearer than anything else.

2. Who loves a person and he loves him only for Allah's sake.

3. Who hates to revert to disbelief (Atheism) after Allah has brought (saved) him out from it, as he hates to be thrown in fire."

The Prophet said, "A time will come when the people will wage holy war, and it will be asked, 'Is there any amongst you who has enjoyed the company of Allah's Apostle?' They will say: 'Yes.' And then victory will be bestowed upon them. They will wage holy war again, and it will be asked: 'Is there any among you who has enjoyed the company of the companions of Allah's Apostle ?' They will say: 'Yes.' And then victory will be bestowed on them."

(Who was one of those who had given the Pledge of allegiance to the Prophet beneath the Tree) When the people brought Sadaqa (i.e. rak`at) to the Prophet he used to say, "O Allah! Bless them with your Mercy." Once my father came with his Sadaqa to him whereupon he (i.e. the Prophet) said. "O Allah! Bless the family of Abu `Aufa."

Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed.

Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself."

I went to Sham with a group of the companions of `Abdullah (bin Mas`ud). Abu Ad-Darda' heard of our arrival so he came to us and said, "Is there anybody among you who can recite (Qur'an)" We replied in the affirmative. Then he asked, "Who is the best reciter?" They pointed at me. Then he told me to recite, so I recited the verse:-- 'By the night as it envelops 'By the day as it appears in brightness; By (Him Who created) male and the female.' (92.1-3) Abu Ad-Darda' then said to me, "Did you hear it (like this) from the mouth of your friend (`Abdullah bin Mas`ud)?" I said, "Yes." He said, "I too, heard it (like this) from the mouth of the Prophet, but these people do not consider this recitation as the correct one."

My ears heard and my eyes saw the Prophet when he spoke, "Anybody who believes in Allah and the Last Day, should serve his neighbor generously, and anybody who believes in Allah and the Last Day should serve his guest generously by giving him his reward." It was asked. "What is his reward, O Allah's Apostle?" He said, "(To be entertained generously) for a day and a night with high quality of food and the guest has the right to be entertained for three days (with ordinary food) and if he stays longer, what he will be provided with will be regarded as Sadaqa (a charitable gift). And anybody who believes in Allah and the Last Day should talk what is good or keep quiet (i.e. abstain from all kinds of dirty and evil talks).

Yahya related to me from Malik from Muhammad ibn Amr ibn AIqama from Malik ibn Abdullah as-Sadi that Abu Hurayra said, "The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan."

Malik said, concerning someone who forgot and raised his head before the imam in ruku or sujud, "The sunna of that is to return to bowing or prostrating and not to wait for the imam to come up. What he has done is a mistake, because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The imam is appointed to be followed as a leader, so do not oppose him.' Abu Hurayra said, 'The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan.' "

Malik was asked about whether a man could stand at Arafa, or at Muzdalifa, or stone the Jamras, or do say between Safa and Marwa if he was not in wudu, and he said, "Every practice in the hajj that a menstruating woman can take part in can be taken part in by a man who is not in wudu and there is nothing due from him for that. However, it is better for him to be in wudu for all those things, and he should not make a general practice of it."

Malik was asked whether a man who was riding should get down to do the standing at Arafa or if he could stand while mounted, and he said, "He can stand while mounted, unless he or his riding beast have an illness, in which case Allah is the one who most often accepts an excuse."

When the Messenger of Allah (saws) addressed, he would say: Praise be to Allah, from Whom we seek help and pardon,and we seek refuge in Allah from the evils of our souls. He whom Allah guide has no one who can lead him astray, and he whom He leads astray has no one to guide him. And I bear witness that there is no god but Allah, and I bear witness that Muhammad is His servant and apostle. He sent him before the coming of the last hour with truth giving good tidings and warning. He who obeys Allah and His Apostle follows the right path; and he who disobeys them shall harm none except himself, and he will not harm Allah in the least.

Allah's Apostle recited the Verse:-- "It is He who has sent down to you the Book. In it are Verses that are entirely clear, they are the foundation of the Book, others not entirely clear. So as for those in whose hearts there is a deviation (from the Truth ). follow thereof that is not entirely clear seeking affliction and searching for its hidden meanings; but no one knows its hidden meanings but Allah. And those who are firmly grounded in knowledge say: "We believe in it (i.e. in the Qur'an) the whole of it (i.e. its clear and unclear Verses) are from our Lord. And none receive admonition except men of understanding." (3.7) Then Allah's Apostle said, "If you see those who follow thereof that is not entirely clear, then they are those whom Allah has named [as having deviation (from the Truth)] 'So beware of them."

Abu Dawud said: This tradition has also been transmitted by Hashim bin al-Qasim from Muhammad b. 'Adb Allah al-'Ammi from Thabit on the authority of Anas from Prophet (saws) to the same effect.

Abu Dawud said: The tradition of Hammad (i.e. 'Abd al-Rahman's version) is sounder.

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

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."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

The Prophet (saws) said: He who does not thank the people is not thankful to Allah.

Allah's Apostle has cursed the lady who uses false hair.

The Prophet said, "The best among you (Muslims) are those who learn the Qur'an and teach it."

Allah's Apostle said, "Allah will not be merciful to those who are not merciful to mankind."

The Prophet said, "The most hated man in the Sight of Allah is the one who is the most quarrelsome."

"The Prophet had fixed the Mawaqit as follows: (No. 603)