Abu DAwud said : This Abu ‘Abd Allah is Hudhaifah.

Abu Dawud said: This explanation is from the words of Qatadah.

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

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

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

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

Muhammad said, I heard Alī bin Shaqīq saying, I heard Abd Allah bin al-Mubārak saying in front of the people: ‘Abandon the Ḥadīth of Amr bin Thābit for indeed he would curse the Salaf [i.e., the Companions, may Allah be pleased with them]’.

The Prophet (saws) as saying: When a slave steals, sell him, even though it be for half an uqiyah.

This hadith has been narrated on the authority of al-'Ala' b. 'Abd al-Rahman with the same chain of transmitters.

A hadith like this has been narrated by 'Abd al-Rahman b. al-Qasim with the same chain of transmitters.

This hadith has been narrated on the authority of Abu Salama b. 'Abd al-Rahman and Sulaiman b. Yasar.

He (the narrator Yahya) said: Abu Salamah bin 'Abd al-Rahman narrated to me this tradition on the authority of Abu Qatadah from the Prophet (saws)

Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.

Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."

Yahya related to me from Malik from Abd Rabbih ibn Said from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from A'isha and Umm Salama, the wives of the Prophet, may Allah bless him and grant him peace, that the Prophet, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, in Ramadan, and then he would fast."

Yahya related to me from Malik from AbuRijal Muhammad ibn Abd ar- Rahman from Amra bint Abd ar-Rahman that when A'isha umm al-muminin was doing hajj with women who were expecting their periods, she would hurry them to do the tawaf al-ifada on the Day of Sacrifice. If they started to menstruate after the tawaf al-ifada she did not stop for them but left with them while they were menstruating.

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."

The Muslims did not free slaves as Sa'iba, but the People of the Pre-lslamic Period of Ignorance used to do so.

This hadith has been narrated on the authority of 'Abd al-Rahman b. Abu Bakra through another chain of transmitters.

On the authority of his father: Umm Mubashshir said to the Prophet (saws) during the sickness of which he died: What do you think about your illness, Messenger of Allah (saws)? I do not think about the illness of my son except the poisoned sheep of which he had eaten with you at Khaybar. The Prophet (saws) said: And I do not think about my illness except that. This is the time when it cut off my aorta.

Abu Dawud said: Sometime 'Abd al-Razzaq transmitted this tradition, omitting the link of the Companion, from Ma'mar, from al-Zuhri, from the Prophet (saws), and sometimes he transmitted it from al-Zuhri from 'Abd al-Rahman b. Ka'b b. Malik, 'Abd al-Rahman mentioned that Ma'mar sometimes transmitted the tradition in a mursal form (omitting the link of the Companion), and they recorded it. And all this is correct with us. 'Abd al-Razzaq said: When Ibn al-Mubarak came to Ma'mar, he transmitted the traditions in a musnad form (with a perfect chain) which he transmitted as mauquf traditions (statements of the Companions and not of the Prophet).

While I was riding behind the Prophet as a companion rider and there was nothing between me and him except the back of the saddle, he said, "O Mu`adh!" I replied, "Labbaik O Allah's Apostle! And Sa`daik!" He proceeded for a while and then said, "O Mu`adh!" I said, "Labbaik and Sa`daik, O Allah's Apostle!" He then proceeded for another while and said, "O Mu`adh bin Jabal!" I replied, "Labbaik, O Allah's Apostle, and Sa`daik!" He said, "Do you know what is Allah's right on His slaves?" I replied, "Allah and His Apostle know better." He said, "Allah's right on his slaves is that they should worship Him and not worship anything besides Him." He then proceeded for a while, and again said, "O Mu`adh bin Jabal!" I replied. "Labbaik, O Allah's Apostle, and Sa`daik." He said, "Do you know what is (Allah's) slaves' (people's) right on Allah if they did that?" I replied, "Allah and His Apostle know better." He said, "The right of (Allah's) slaves on Allah is that He should not punish them (if they did that).

The Prophet (saws) said: No (Muslim) man will desert a man who is a Muslim in a place where his respect may be violated and his honour aspersed without Allah deserting him in a place here he wishes his help; and no (Muslim) man who will help a Muslim in a place where his honour may be aspersed and his respect violated without Allah helping him in a place where he wishes his help.

Yahya said: 'Ubaid Allah b. 'Abd Allah b. 'Umar and 'Uqbah b. Shaddad transmitted it to me.

Abu Dawud said: This yahya b. Sulaim is the son of Zaid, the freed slave of the Prophet (saws), and Isma'il b. Bashir is the freed slave of Banu Maghalah. Sometimes the name of 'Utbah b. Shaddad is mentioned instead of 'Uqbah.

`Umar bin Al-Khattab asked (the people) about the Imlas of a woman, i.e., a woman who has an abortion because of having been beaten on her `Abdomen, saying, "Who among you has heard anything about it from the Prophet?" I said, "I did.'' He said, "What is that?" I said, "I heard the Prophet saying, "Its Diya (blood money) is either a male or a female slave.' " `Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "

The Prophet delivered a sermon and said, "Allah gave a choice to one of (His) slaves either to choose this world or what is with Him in the Hereafter. He chose the latter." Abu Bakr wept. I said to myself, "Why is this Sheikh weeping, if Allah gave choice to one (of His) slaves either to choose this world or what is with Him in the Here after and he chose the latter?" And that slave was Allah's Apostle himself. Abu Bakr knew more than us. The Prophet said, "O Abu Bakr! Don't weep. The Prophet added: Abu- Bakr has favored me much with his property and company. If I were to take a Khalil from mankind I would certainly have taken Abu Bakr but the Islamic brotherhood and friendship is sufficient. Close all the gates in the mosque except that of Abu Bakr.

'Uthman prayed four rak'ahs at Mina. 'Abd Allah (b. Mas'ud) said: I prayed two rak'ahs along with the Prophet (saws) and two rak'ahs along with 'Umar. The version of Hafs added: And along with 'Uthman during the early period of his caliphate. He ('Uthman) began to offer complete prayer (i.e. four rak'ahs) later on. The version of Abu Mu'awiyah added: Then your modes of action varied. I would like to pray two rak'ahs acceptable to Allah instead of four rak'ahs.

Al-A'mash said: Mu'awiyah b. Qurrah reported to me from his teachers: 'Abd Allah (b. Mas'ud) once prayed four rak'ahs. He was told: You criticized 'Uthman but you yourself prayed four ? He replied: Dissension is evil.

Abu Dawud said: This tradition has been narrated by al-Thawri to the same effect on the authority of Khusaif. 'Abd al-Rahman b. Samurah also prayed in like manner. But the section which he (the Prophet) led in one rak'ah and then uttered the salutation and went and took the place of their companions. They came and prayed one rak'ah by themselves. Then they returned to their place and they prayed (one rak'ah) by themselves.

Abu Dawud said: Muslim b. Ibrahim reported from 'Abd al-Samad b. Habib on the authority of his father that they had fought a battle at Kabul along with 'Abd al-Rahman b. Samurah. He led us in prayer in time of danger.

We fasted with the Messenger of Allah (saws) during Ramadan, but he did not make us get up at night for prayer at any time during the month till seven nights remained; then he made us get up for prayer till a third of the night had passed. When the sixth remaining night came, he did not make us get up for prayer. When the fifth remaining night came, he made us stand in prayer till a half of the night had gone.

So I said: Messenger of Allah, I wish you had led us in supererogatory prayers during the whole of tonight.

He said: When a man prays with an imam till he goes he is reckoned as having spent a whole night in prayer. On the fourth remaining night he did not make us get up. When the third remaining night came, he gathered his family, his wives, and the people and prayed with us till we were afraid we should miss the falah (success).

I said: What is falah? He said: The meal before daybreak. Then he did not make us get up for prayer during the remainder of the month.

Uyaynah ibn Hisn and Aqra' ibn Habis came to the Messenger of Allah (saws). They begged from him. He commanded to give them what they begged. He ordered Mu'awiyah to write a document to give what they begged. Aqra' took his document, wrapped it in his turban, and went away.

As for Uyaynah, he took his document and came to the Prophet (saws) at his home, and said to him: Muhammad, do you see me? I am taking a document to my people, but I do not know what it contains, just like the document of al-Mutalammis. Mu'awiyah informed the Messenger of Allah (saws) of his statement.

Thereupon the Messenger of Allah (saws) said: He who begs (from people) when he has sufficient is simply asking for a large amount of Hell-fire. (An-Nufayl (a transmitter) said elsewhere: "embers of Hell".)

They asked: Messenger of Allah, what is a sufficiency? (Elsewhere an-Nufayl said: What is a sufficiency which makes begging unfitting?)

He replied: It is that which would provide a morning and an evening meal. (Elsewhere an-Nufayl said: It is when one has enough for a day and night, or for a night and a day.) He (an-Nufayl) narrated to us this tradition briefly in the words that I have mentioned.

Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, "What's the matter with men who have intercourse with their slave- girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her."

Yahya related to me from Malik that his paternal uncle, Abu Suhayl ibn Malik said, "I was a prisoner with Umar ibn Abd al-Aziz. He said, 'What do you think about these Qadariyya (fatalists)?' I said, 'My opinion is that one should ask them to turn from wrong action, if they will do so. If not, subject them to the sword.' Umar ibn Abd al- Aziz said, 'That is my opinion.

Malik added, "That is my opinion also."

Allah's Apostle said, any man who has a slave girl whom he educates properly, teaches good manners, manumits and marries her, will get a double reward And if any man of the people of the Scriptures believes in his own prophet and then believes in me too, he will (also) get a double reward And any slave who fulfills his duty to his master and to his Lord, will (also) get a double reward."

Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, heard Abu Bakribn Abd ar-Rahman say, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I had arranged to do hajj, but I was prevented,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do umra in Ramadan, for doing umra in it is like doing hajj.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father said that the Messenger of Allah, may Allah bless him and grant him peace, once said to Abd ar-Rahman ibn Awf, "What do you do, Abu Muhammad, when saluting the corner?" and Abd ar-Rahman said, "Sometimes I salute it, and sometimes I don't." The Messenger of Allah, may Allah bless him and grant him peace, said, "You are right."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father gave her in marriage and she had been previously married. She disapproved of that, and went to the Messenger of Allah, may Allah bless him and grant him peace, and he revoked the marriage.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Umar, and said, "Abu Abd ar-Rahman! I placed the command of my wife in her hand, and she divorced herself, what do you think?" Abdullah ibn Umar said, "I think that it is as she said." The man said, "Don't do it, Abu Abd ar-Rahman!" Ibn Umar said, "You did it, it has nothing to do with me."

Allah's Apostle said "Three persons will have a double reward:

1. A Person from the people of the scriptures who believed in his prophet (Jesus or Moses) and then believed in the Prophet Muhammad (i .e. has embraced Islam).

2. A slave who discharges his duties to Allah and his master.

3. A master of a woman-slave who teaches her good manners and educates her in the best possible way (the religion) and manumits her and then marries her."

We would not wash our feet after treading on something unclean, nor would we hold our hair and garments (during prayer).

Abu Dawud said: The tradition has been reported by Ibrahim b. Abi Mu'awiyah through a different chain of narrators: A'mash - Shaqiq - Masruq - 'Abd Allah (b. Mas'ud). And Hannad reported from Shaqiq, or reported on his authority saying: 'Abd Allah (b. Mas'ud) said.

The Prophet said, "You should not say, 'Feed your lord (Rabbaka), help your lord in performing ablution, or give water to your lord, but should say, 'my master (e.g. Feed your master instead of lord etc.) (Saiyidi), or my guardian (Maulai), and one should not say, my slave (Abdi), or my girl-slave (Amati), but should say, my lad (Fatai), my lass (Fatati), and 'my boy (Ghulami).

The Prophet (saws) said: No sadaqah is due on a horse or a slave except that given at the breaking of the fast (at the end of Ramadan).

The Prophet (saws) said: If any slave marries without the permission of his masters, he is a fornicator.