Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

The Messenger of Allah (saws) used to divide his time equally and said: O Allah, this is my division concerning what I control, so do not blame me concerning what You control and I do not.

Abu Dawud said: By it meant the heart.

A man asked the Messenger of Allah (saws): Is there any food from which I should keep myself away? I heard the Messenger of Allah (saws) say: Anything which creates doubt should not occur in your mind by which you resemble Christianity.

When the Prophet of Allah (saws) conquered Makkah. The people of Makkah began to bring their boys and he would invoke a blessing on them and rub their heads. I was brought, but as I had been perfumed with khaluq, he did not touch me because of the khaluq.

I was in the company of the Prophet in the cave, and on seeing the traces of the pagans, I said, "O Allah's Apostle If one of them (pagans) should lift up his foot, he will see us." He said, "What do you think of two, the third of whom is Allah?"

The Prophet said, "Every Prophet was given miracles because of which people believed, but what I have been given, is Divine Inspiration which Allah has revealed to me. So I hope that my followers will outnumber the followers of the other Prophets on the Day of Resurrection."

Allah's Prophet used to say, "O Allah! I seek refuge with You from incapacity and laziness, from cowardice and geriatric old age, and seek refuge with You from the punishment of the grave, and I seek refuge with You from the afflictions of life and death."

The Prophet said, "Some of my companions will come to me at my Lake Fount, and after I recognize them, they will then be taken away from me, whereupon I will say, 'My companions!' Then it will be said, 'You do not know what they innovated (new things) in the religion after you."

The Prophet wore a gold ring and then the people followed him and wore gold rings too. Then the Prophet said, "I had this golden ring made for myself. He then threw it away and said, "I shall never put it on." Thereupon the people also threw their rings away.

A cloud came and it rained till the roof started leaking and in those days the roof used to be of the branches of date-palms. Iqama was pronounced and I saw Allah's Apostles prostrating in water and mud and even I saw the mark of mud on his forehead.

The Prophet said, "I have made Medina a sanctuary between its two (Harrat) mountains." The Prophet went to the tribe of Bani Haritha and said (to them), "I see that you have gone out of the sanctuary," but looking around, he added, "No, you are inside the sanctuary."

I poured water while the Prophet (saws) performed ablution in the battle of Tabuk. He wiped over the upper part of the socks and their lower part.

Abu Dawud said: I have been told that Thawr did not hear this tradition from Raja'.

Abu Huraira said, "Allah's Apostle said, 'No one should prevent his neighbor from fixing a wooden peg in his wall." Abu Huraira said (to his companions), "Why do I find you averse to it? By Allah, I certainly will narrate it to you."

I was in the company of Talha bin 'Ubaidullah, Sa`d, Al-Miqdad bin Al-Aswad and `Abdur Rahman bin `Auf and I heard none of them narrating anything from Allah's Apostle but Talha was talking about the day (of the battle) of Uhud.

I used to sit with Ibn `Abbas in Mecca. Once I had a fever and he said (to me), "Cool your fever with Zamzam water, for Allah's Apostle said: 'It, (the Fever) is from the heat of the (Hell) Fire; so, cool it with water (or Zamzam water).

The Prophet said one statement and I said another. The Prophet said "Whoever dies while still invoking anything other than Allah as a rival to Allah, will enter Hell (Fire)." And I said, "Whoever dies without invoking anything as a rival to Allah, will enter Paradise."

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

I know (about) the Hijab (the order of veiling of women) more than anybody else. Ubai bin Ka`b used to ask me about it. Allah's Apostle became the bridegroom of Zainab bint Jahsh whom he married at Medina. After the sun had risen high in the sky, the Prophet invited the people to a meal. Allah's Apostle remained sitting and some people remained sitting with him after the other guests had left. Then Allah's Apostle got up and went away, and I too, followed him till he reached the door of `Aisha's room. Then he thought that the people must have left the place by then, so he returned and I also returned with him. Behold, the people were still sitting at their places. So he went back again for the second time, and I went along with him too. When we reached the door of `Aisha's room, he returned and I also returned with him to see that the people had left. Thereupon the Prophet hung a curtain between me and him and the Verse regarding the order for (veiling of women) Hijab was revealed.

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal got a fever. I entered upon them and asked, "O my father! How are you? O Bilal! How are you?" Whenever fever attacked Abu Bakr, he would recite the following poetic verses: 'Everybody is staying alive among his people, yet death is nearer to him than his shoe laces." And whenever the fever deserted Bilal, he would recite (two poetic lines): 'Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I would drink of the water of Majinna and would that Shama and Tafil (two mountains at Mecca) would appear to me.' Then I came and informed Allah's Apostle about that, whereupon he said, "O Allah! Make us love Medina as much or more than we love Mecca. O Allah! Make it healthy and bless its Mudd and Sa for us, and take away its fever and put it in Al Juhfa."

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal had a fever. I entered upon them and said, "O my father! How are you? O Bilal! How are you?" Whenever Abu Bakr got the fever he used to say, "Everybody is staying alive with his people, yet death is nearer to him than his shoe laces." And when fever deserted Bilal, he would recite (two poetic verses): "Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I could drink of the water of Majinna, and would that Shama and Tafil (two mountains at Mecca) would appear to me!" I went to Allah's Apostle and informed him about that. He said, "O Allah! Make us love Medina as much or more than we love Mecca, and make it healthy, and bless its Sa and its Mudd, and take away its fever and put it in Al-Juhfa." (See Hadith No 558) .

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

Safiya got her menses on the night of Nafr (departure from Hajj), and she said, "I see that I will detain you." The Prophet said, "Aqra Halqa! Did she perform the Tawaf on the Day of Nahr (slaughtering)?" Somebody replied in the affirmative. He said, "Then depart." (Different narrators mentioned that) `Aisha said, "We set out with Allah''s Apostle (from Medina) with the intention of performing Hajj only. When we reached Mecca, he ordered us to finish the Ihram. When it was the night of Nafr (departure), Safiya bint Huyay got her menses. The Prophet said, "Halqa Aqra! I think that she will detain you," and added, "Did you perform the Tawaf (Al-Ifada) on the Day of Nahr (slaughtering)?" She replied, "Yes." He said, "Then depart." I said, "O Allah''s Apostle! I have not (done the Umra)." He replied, "Perform `Umra from Tan`im." My brother went with me and we came across the Prophet in the last part of the night. He said, "Wait at such and such a place."

Jarir bin `Abdullah said to me, "Allah's Apostle said to me, 'Won't you relieve me from Dhul- Khalasa?' Dhul-Khalasa was a house where the tribe of Khatham used to stay, and it used to be called Ka`bat-ul Yamaniya. So I proceeded with one hundred-and-fifty (men) from the tribe of Ahmas who were good cavalry. I informed the Prophet that I could not sit firm on horses, so he stroke me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man." Jarir set out towards that place, dismantled and burnt it, and then sent the good news to Allah's Apostle . The messenger of Jarir said to Allah's Apostle. "O Allah's Apostle! By Him Who has sent you with the Truth, I did not come to you till it (i.e. the house) had been turned (black) like a scabby camel (covered with tar)." So the Prophet invokes Allah to Bless the horses of the men of Ahmas five times.

When the Messenger of Allah (saws) entered upon Abu Salamah, his eyes were fixedly open. So he closed them. The members of his family cried. He said: Do not pray for yourself anything but good, for the angels utter Amin to what you say. He then said: O Allah, forgive Abu Salamah, raise his rank among those who are guided, and grant him a succession in his descendants who remain. Forgive both us and him, Lord of the universe. O Allah,make his grave spacious for him, and grant him light in it.

Abu Dawud said: The eyes of the deceased should be closed after his expiry. I heard Muhammad b. al-Nu'man al-Muqri say: I heard a man who was devoted to Allah say: I closed the eyes of Ja'far al-Mu'allim when he was dying. He was a man devoted to Allah. I saw him in a dream on the night he died. He said: The biggest thing for me was closing the eyes by you before I died.

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."

Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator `Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was `Umar bin Al- Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, `Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator `Auf added that Abu Raja' had named him but he had forgotten) and `Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and poured some water into the pot. Then he closed the big openings of the bags and opened the small ones and the people were called upon to drink and water their animals. So they all watered their animals and they (too) all quenched their thirst and also gave water to others and last of all the Prophet gave a pot full of water to the person who was Junub and told him to pour it over his body. The woman was standing and watching all that which they were doing with her water. By Allah, when her water bags were returned the looked like as if they were more full (of water) than they had been before (Miracle of Allah's Apostle) Then the Prophet ordered us to collect something for her; so dates, flour and Sawiq were collected which amounted to a good meal that was put in a piece of cloth. She was helped to ride on her camel and that cloth full of foodstuff was also placed in front of her and then the Prophet said to her, "We have not taken your water but Allah has given water to us." She returned home late. Her relatives asked her: "O so and so what has delayed you?" She said, "A strange thing! Two men met me and took me to the man who is called the Sabi' and he did such and such a thing. By Allah, he is either the greatest magician between this and this (gesturing with her index and middle fingers raising them towards the sky indicating the heaven and the earth) or he is Allah's true Apostle." Afterwards the Muslims used to attack the pagans around her abode but never touched her village. One day she said to her people, "I think that these people leave you purposely. Have you got any inclination to Islam?" They obeyed her and all of them embraced Islam. Abu `Abdullah said: The word Saba'a means "The one who has deserted his old religion and embraced a new religion." Abul 'Ailya [??] said, "The S`Abis are a sect of people of the Scripture who recite the Book of Psalms."

I suffered from drought; so I entered a garden of Medina, and rubbed an ear-corn. I ate and carried in my garment. Then its master came, he beat me and took my garment. He came to the Messenger of Allah (saws) who said to him: You did not teach him if he was ignorant; and you did not feed him if he was hungry. He ordered him, so he returned my garment to me, and gave me one or half a wasq (sixty or thirty sa's) of corn.