Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

It was narrated that as-Sa`ib bin Yazeed said: `Umar met `Abdullah bin as-Sa`di... and he mentioned a similar report, but he said: “Give it in charity,” and he said: “Do not hanker after it.`

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."

Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."

One of the sons of Abu Talha became sick and died and Abu Talha at that time was not at home. When his wife saw that he was dead, she prepared him (washed and shrouded him) and placed him somewhere in the house. When Abu Talha came, he asked, "How is the boy?" She said, "The child is quiet and I hope he is in peace." Abu Talha thought that she had spoken the truth. Abu Talha passed the night and in the morning took a bath and when he intended to go out, she told him that his son had died, Abu Talha offered the (morning) prayer with the Prophet and informed the Prophet of what happened to them. Allah's Apostle said, "May Allah bless you concerning your night. (That is, may Allah bless you with good offspring)." Sufyan said, "One of the Ansar said, 'They (i.e. Abu Talha and his wife) had nine sons and all of them became reciters of the Qur'an (by heart).' "

Allah's Apostle gave the judgment that a male or female slave should be given in Qisas for an abortion case of a woman from the tribe of Bani Lihyan (as blood money for the fetus) but the lady on whom the penalty had been imposed died, so the Prophets ordered that her property be inherited by her offspring and her husband and that the penalty be paid by her Asaba.

Allah's Apostle gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Apostle gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.

A man from the Ansar made his slave, a Mudabbar. And apart from that slave he did not have any other property. This news reached Allah's Apostle and he said, "Who will buy that slave from me?" So Nu'aim bin An-Nahham bought him for 800 Dirham. Jabir added: It was a coptic (Egyptian) slave who died that year.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, announced the death of an Najashi to everyone on the day that he died, and went out with them to the place of prayer, and then formed them into rows and said "Allah is greater" four times.

Yahya related to me from Malik from

Abdullah ibn Abi Bakr that his paternal aunt related that her grandmother made a vow to walk to the Quba mosque. She died, and did not fulfill it, so Abdullah ibn Abbas asked her daughter to walk for her.

Yahya said that he had heard Malik say, "No one walks for anyone else."

Allah's Apostle said, "When anyone of you dies, he is shown his place both in the morning and in the evening. If he is one of the people of Paradise; he is shown his place in it, and if he is from the people of the Hell-Fire; he is shown his place there-in. Then it is said to him, 'This is your place till Allah resurrect you on the Day of Resurrection."

Allah's Apostle said, "Amongst the nations before you there was a man who got a wound, and growing impatient (with its pain), he took a knife and cut his hand with it and the blood did not stop till he died. Allah said, 'My Slave hurried to bring death upon himself so I have forbidden him (to enter) Paradise.' "

Used to hear (from the Prophet) that no Prophet dies till he is given the option to select either the worldly life or the life of the Hereafter. I heard the Prophet in his fatal disease, with his voice becoming hoarse, saying, "In the company of those on whom is the grace of Allah ..( to the end of the Verse )." (4.69) Thereupon I thought that the Prophet had been given the option.

A man came to the Prophet (saws) and said: Messenger of Allah, they ask thee for a legal decision about a kalalah. What is meant by kalalah? He replied: The verse revealed in summer is sufficient for you.

I asked AbuIshaq: Does it mean a person who dies and leaves neither children nor father? He said: This is so. The people think it is so.

I said to the Prophet (saws): Your old and astray uncle has died. He said: Go and bury your father, and then do not do anything until you come to me. So I went, buried him and came to him. He ordered me (to take a bath), so I took a bath, and he prayed for me.

The Prophet (saws) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

"The sun eclipsed in the lifetime of Allah's Apostle on the day when (his son) Ibrahim died. So the people said that the sun had eclipsed because of the death of Ibrahim. Allah's Apostle said, "The sun and the moon do not eclipse because of the death or life (i.e. birth) of someone. When you see the eclipse pray and invoke Allah."

While a man was riding (his Mount) in `Arafat, he fell down from it (his Mount) and broke his neck (and died). The Prophet said, "Wash him with water and Sidr and shroud him in two pieces of cloth, and neither perfume him, nor cover his head, for he will be resurrected on the Day of Resurrection saying, 'Labbaik,' (i.e. like a pilgrim)."

While a man was at `Arafat (for Hajj) with Allah's Apostle the fell down from his Mount and broke his neck (and died). So Allah's Apostle said, "Wash him with water and Sidr and shroud him in two pieces of cloth and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be saying 'Labbaik."

'A'isha reported that when any of the members of the household fell ill Allah's Messenger (may peace be upon him) used to blow over him by reciting Mu'awwidhatan, and when he suffered from illness of which he died I used to blow over him and rubbed his body with his hand for his hand had greater healing power than my hand.

`Aisha said, "The Prophet died in my house on the day of my turn while he was leaning on my chest closer to my neck, and Allah made my saliva mix with his Saliva." `Aisha added, "`AbdurRahman came with a Siwak and the Prophet was too weak to use it so I took it, chewed it and then (gave it to him and he) cleaned his teeth with it."

A Jew killed a girl of the Ansar for her ornaments. He then threw her in a well, and crushed her head with stones. He was then arrested and brought to the Prophet (saws). He ordered regarding him that he should be stoned to death. He was then stoned till he died.

Abu Dawud said: It has been transmitted by Ibn Juraij from Ayyub in a similar way.

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

When `Abdullah bin Ubdi (bin Salul) died, his son came to Allah's Apostle and said ' O Allah's Apostle, give me your shirt so that I may shroud my fathers body in it. And please offer a funeral prayer for him and invoke Allah for his forgiveness." The Prophet gave him his shirt and said to him 'Inform us when you finish (and the funeral procession is ready) call us. When he had finished he told the Prophet and the Prophet proceeded to order his funeral prayers but `Umar stopped him and said, "Didn't Allah forbid you to offer the funeral prayer for the hypocrites when He said: "Whether you (O Muhammad) ask forgiveness for them or ask not forgiveness for them: (and even) if you ask forgiveness for them seventy times. Allah will not forgive them." (9.80) Then there was revealed: "And never (O Muhammad) pray for any of them that dies, nor stand at his grave." (9.34) Thenceforth the Prophet did not offer funeral prayers for the hypocrites.

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

A man from the Companions of the Prophet (saws) died on the day of Khaybar. They mentioned the matter to the Messenger of Allah. He said: Offer prayer over your companion. When the faces of the people looked perplexed, he said: Your companion misappropriated booty in the path of Allah. We searched his belongings and found some Jewish beads not worth two dirhams.

A woman made a voyage and vowed that she would fast one month if Allah made her reach her destination with peace and security. Allah made her reach her destination with security but she died before she could fast. Her daughter or sister (the narrator doubted) came to the Messenger of Allah (saws). So he commanded to fast on her behalf.

Abu Dawud said: Malik's version of this tradition is sounder.