`Abdur-Rahman bin `Auf came (from Mecca to Medina) and the Prophet made a bond of brotherhood between him and Sa`d bin Ar-Rabi` Al-Ansari. Al-Ansari had two wives, so he suggested that `Abdur- Rahman take half, his wives and property. `Abdur-Rahman replied, "May Allah bless you with your wives and property. Kindly show me the market." So `Abdur-Rahman went to the market and gained (in bargains) some dried yoghurt and some butter. After a few days the Prophet saw `Abdur-Rahman with some yellow stains on his clothes and asked him, "What is that, O `Abdur-Rahman?" He replied, "I had married an Ansari woman." The Prophet asked, "How much Mahr did you give her?" He replied, "The weight of one (date) stone of gold." The Prophet said, "Offer a banquet, even with one sheep."

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

" We were accompanying a funeral procession in Baqi-I-Gharqad. The Prophet came to us and sat and we sat around him. He had a small stick in his hand then he bent his head and started scraping the ground with it. He then said, "There is none among you, and not a created soul, but has place either in Paradise or in Hell assigned for him and it is also determined for him whether he will be among the blessed or wretched." A man said, "O Allah's Apostle! Should we not depend on what has been written for us and leave the deeds as whoever amongst us is blessed will do the deeds of a blessed person and whoever amongst us will be wretched, will do the deeds of a wretched person?" The Prophet said, "The good deeds are made easy for the blessed, and bad deeds are made easy for the wretched." Then he recited the Verses:-- "As for him who gives (in charity) and is Allah-fearing And believes in the Best reward from Allah. " (92.5-6)

My father was martyred on the day (of the battle) of Uhud and his creditors demanded the debt back in a harsh manner. So I went to Allah's Apostle and informed him of that, he asked them to accept the fruits of my garden and excuse my father, but they refused. So, Allah's Apostle did not give them the fruits, nor did he cut them and distribute them among them, but said, "I will come to you tomorrow morning." So, he came to us the next morning and walked about in between the date-palms and invoked Allah to bless their fruits. I plucked the fruits and gave back all the rights of the creditors in full, and a lot of fruits were left for us. Then I went to Allah's Apostle, who was sitting, and informed him about what happened. Allah's Apostle told `Umar, who was sitting there, to listen to the story. `Umar said, "Don't we know that you are Allah's Apostle? By Allah! you are Allah's Apostle!"

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Yahya related to me from Malik from Hisham ibn Urwa that his father never brought food or drink, nor even a remedy which he ate or drank but that he said, "Praise be to Allah who has guided us and fed us and given us to drink and blessed us. Allah is greater. O Allah! We have found Your blessing with every evil, give us every good in the morning and evening. We ask You for its completion and its gratitude. There is no good except Your good. There is no god other than You, the God of the salihun and the Lord of the Worlds. Praise be to Allah. There is no god but Allah. What Allah wills. There is no power except in Allah. O Allah! Bless us in what You have provided us with and protect us from the punishment of the Fire!"

Al-hamdu lillahi-lladhi hadana wa at amana wa saqana wa naamana. Allahu akbar. Allahumma'l fatna nimatik bi-kulli sharr. Fa asbahna minha wa amsayna bi-kulli khayr. Nasaluka tamamaha wa shukraha. La khayr illa khayruk. Wa la ilaha ghayruk. Ilaha'-saliheen wa rabba'l-alameen. Al-hamdu lillah. Wa la ilaha illa'llah. Ma sha'Allah. Wa la quwwata illa billah. Allahumma barik lana fima razaqtana. Waqina adhaba'n-nar.

Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it."

Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' "

"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle."

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

The Prophet said, "When it is a Friday, the angels stand at the gate of the mosque and keep on writing the names of the persons coming to the mosque in succession according to their arrivals. The example of the one who enters the mosque in the earliest hour is that of one offering a camel (in sacrifice). The one coming next is like one offering a cow and then a ram and then a chicken and then an egg respectively. When the Imam comes out (for Jumua prayer) they (i.e. angels) fold their papers and listen to the Khutba."

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

Yahya related to me from Malik from Yahya ibn Said from 'Amra bint Abd ar-Rahman from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a jewish woman came to beg from her and said, "May Allah give you refuge from the punishment of the grave." So A'isha asked the Messenger of Allah, may Allah bless him and grant him peace, "Are people punished in their graves?", and the Messenger of Allah, may Allah bless him and grant him peace, took refuge in Allah from that. Then one morning the Messenger of Allah, may Allah bless him and grant him peace, went out on a journey and there was an eclipse of the sun, and he returned in the late morning and passed through his apartments. Then he stood and prayed, and the people stood behind him. He stood for a long time, and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time, and then went into ruku for a long time, though less than the first time. Then he rose, and went down into sajda. Then he stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose and stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose, and went down into sajda. When he had finished he said what Allah willed him to say, and then he told them to seek protection for themselves from the punishment of the grave."

Yahya related to me from Malik that Zayd ibn Aslam said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for a rest one night on the way to Makka and appointed Bilal to wake them up for the prayer. Bilal slept and everyone else slept and none of them woke up until the sun had risen. When they did wake up they were all alarmed. The Messenger of Allah, may Allah bless him and grant him peace, ordered them to ride out of the valley, saying that there was a shaytan in it. So they rode out of the valley and the Messenger of Allah, may Allah bless him and grant him peace, ordered them to dismount and do wudu and he told Bilal either to call the prayer or to give the iqama. The Messenger of Allah, may Allah bless him and grant him peace, then led them in the prayer. Noticing their uneasiness, he went to them and said, 'O people! Allah seized our spirits (arwah) and if He had wished He would have returned them to us at a time other than this. So if you sleep through the time for a prayer or forget it and then are anxious about it, pray it as if you were praying it in its time.' The Messenger of Allah, may Allah bless him and grant him peace, turned to Abu Bakr and said, 'Shaytan came to Bilal when he was standing in prayer and made him lie down and lulled him to sleep like a small boy.' The Messenger of Allah, may Allah bless him and grant him peace, then called Bilal and told him the same as he had told Abu Bakr. Abu Bakr declared, 'I bear witness that you are the Messenger of Allah.' "

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

My father died and was in debt. I suggested that his creditors take the fruits (i.e. dates) of my garden in lieu of the debt of my father, but they refused the offer, as they thought that it would not cover the full debt. So, I went to the Prophet and told him about it. He said (to me), "When you pluck the dates and collect them in the Mirbad (i.e. a place where dates are dried), call me (Allah's Apostle)." Finally he came accompanied by Abu Bakr and `Umar and sat on the dates and invoked Allah to bless them. Then he said, "Call your creditors and give them their full rights." So, I paid all my father's creditors in full and yet thirteen extra Wasqs of dates remained, seven of which were 'Ajwa and six were Laun or six of which were Ajwa and seven were Laun. I met Allah's Apostle at sunset and informed him about it. On that he smiled and said, "Go to Abu Bakr and `Umar and tell them about it." They said, "We perceived that was going to happen, as Allah's Apostle did what he did."

The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.

Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?

He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.

Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.

The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.

When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.

Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.

Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.

Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

When the emigrants reached Medina. Allah's Apostle established the bond of fraternity between `Abdur-Rahman and Sa`d bin Ar-Rabi. Sa`d said to `Abdur-Rahman, "I am the richest of all the Ansar, so I want to divide my property (between us), and I have two wives, so see which of the two you like and tell me, so that I may divorce her, and when she finishes her prescribed period (i.e. 'Idda) of divorce, then marry her." `Abdur-Rahman said, "May Allah bless your family and property for you; where is your market?" So they showed him the Qainuqa' market. (He went there and) returned with a profit in the form of dried yogurt and butter. He continued going (to the market) till one day he came, bearing the traces of yellow scent. The Prophet asked, "What is this (scent)?" He replied, "I got married." The Prophet asked, "How much Mahr did you give her?" He replied, "I gave her a datestone of gold or a gold piece equal to the weight of a date-stone." (The narrator, Ibrahim, is in doubt as to which is correct.)

Yahya related to me from Malik from Abu Hazim ibn Dinar that Abu Idris al-Khawlani said, "I entered the Damascus mosque and there was a young man with a beautiful mouth and white teeth sitting with some people. When they disagreed about something, they referred it to him and proceeded from his statement. I inquired about him, and it was said, 'This is Muadh ibn Jabal.' The next day I went to the noon-prayer, and I found that he had preceded me to the noon prayer and I found him praying."

Abu Idris continued, "I waited for him until he had finished the prayer. Then I came to him from in front of him and greeted him and said, 'By Allah! I love you for Allah!' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' "

He continued, "He took me by the upper part of my cloak and pulled me to him and said, 'Rejoice! I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Allah, the Blessed and Exalted, said, 'My love is obliged for those who love each other in Me, and those who sit with each other in Me, and those who visit each other in Me, and those who give to each other generously in Me.' " ' "

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

When Allah's Apostle reached Medina, Abu Bakr and Bilal became ill. When Abu Bakr's fever got worse, he would recite (this poetic verse): "Everybody is staying alive with his People, yet Death is nearer to him than His shoe laces." And Bilal, when his fever deserted him, would recite: "Would that I could stay overnight in A valley wherein I would be Surrounded by Idhkhir and Jalil (kinds of goodsmelling grass). Would that one day I could Drink the water of the Majanna, and Would that (The two mountains) Shama and Tafil would appear to me!" The Prophet said, "O Allah! Curse Shaiba bin Rabi`a and `Utba bin Rabi`a and Umaiya bin Khalaf as they turned us out of our land to the land of epidemics." Allah's Apostle then said, "O Allah! Make us love Medina as we love Mecca or even more than that. O Allah! Give blessings in our Sa and our Mudd (measures symbolizing food) and make the climate of Medina suitable for us, and divert its fever towards Aljuhfa." Aisha added: When we reached Medina, it was the most unhealthy of Allah's lands, and the valley of Bathan (the valley of Medina) used to flow with impure colored water.

The Messenger of Allah (saws) commissioned me as a collector of zakat. I visited a man. When he had collected his property of camels, I found that a she-camel in her second year was due from him.

I said to him: Pay a she-camel in her second year, for she is to be paid as sadaqah (zakat) by you.

He said: That one is not worthy of milking and riding. Here is another she-camel which is young, grand and fat. So take it.

I said to him: I shall not take an animal for which I have not been commanded. The Messenger of Allah (saws) is here near to you. If you like, go to him, and present to him what you presented to me. Do that; if he accepts it from you, I shall accept it; if he rejects it, I shall reject it.

He said: I shall do it. He accompanied me and took with him the she-camel which he had presented to me. We came to the Messenger of Allah (saws). He said to him: Prophet of Allah, your messenger came to me to collect zakat on my property. By Allah, neither the Messenger of Allah nor his messenger has ever seen my property before. I gathered my property (camels), and he estimated that a she-camel in her second year would be payable by me. But that has neither milk nor is it worth riding. So I presented to him a grand young she-camel for acceptance as zakat. But he has refused to take her. Look, she is here; I have brought her to you, Messenger of Allah. Take her.

The Messenger of Allah (saws) said: That is what is due from you. If you give voluntarily a better (animal) Allah will give a reward to you for it. We accept her from you.

She is here, Messenger of Allah; I have brought her to you. So take her. The Messenger of Allah (saws) then ordered me to take possession of it, and he prayed for a blessing on his property.

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 from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).

When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

The Prophet said, "Whoever slaughtered the sacrifice before the `Id prayer, should repeat it (slaughter another one)." A man said "This is the day on which meat is desired." Then he mentioned the need of his neighbors (for meat) and the Prophet seemed to accept his excuse. The man said, "I have a Jadha'a which is to me better than two sheep." The Prophet allowed him (to slaughter it as a sacrifice). But I do not know whether this permission was general for all Muslims or not. The Prophet then went towards two rams and slaughtered them, and the people went towards their sheep and slaughtered them.

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Abu 'Ali said: Did you hear Abu Dawud ? He said: Some of my companions reminded me of some words that were omitted from writing on the paper.

Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "

Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "

Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'

Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "

Allah's Apostle (p.b.u.h) said, "Any person who takes a bath on Friday like the bath of Janaba and then goes for the prayer (in the first hour i.e. early), it is as if he had sacrificed a camel (in Allah's cause); and whoever goes in the second hour it is as if he had sacrificed a cow; and whoever goes in the third hour, then it is as if he had sacrificed a horned ram; and if one goes in the fourth hour, then it is as if he had sacrificed a hen; and whoever goes in the fifth hour then it is as if he had offered an egg. When the Imam comes out (i.e. starts delivering the Khutba), the angels present themselves to listen to the Khutba."

(the wife of the Prophet) that she was told that `Abdullah bin Az-Zubair (on hearing that she was selling or giving something as a gift) said, "By Allah, if `Aisha does not give up this, I will declare her incompetent to dispose of her wealth." I said, "Did he (`Abdullah bin Az-Zubair) say so?" They (people) said, "Yes." `Aisha said, "I vow to Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, `Abdullah bin Az-Zubair sought intercession with her, but she said, "By Allah, I will not accept the intercession of anyone for him, and will not commit a sin by breaking my vow." When this state of affairs was prolonged on Ibn Az-Zubair (he felt it hard on him), he said to Al- Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth, who were from the tribe of Bani Zahra, "I beseech you, by Allah, to let me enter upon `Aisha, for it is unlawful for her to vow to cut the relation with me." So Al-Miswar and `Abdur-Rahman, wrapping their sheets around themselves, asked `Aisha's permission saying, "Peace and Allah's Mercy and Blessings be upon you! Shall we come in?" `Aisha said, "Come in." They said, "All of us?" She said, "Yes, come in all of you," not knowing that Ibn Az- Zubair was also with them. So when they entered, Ibn Az-Zubair entered the screened place and got hold of `Aisha and started requesting her to excuse him, and wept. Al-Miswar and `Abdur Rahman also started requesting her to speak to him and to accept his repentance. They said (to her), "The Prophet forbade what you know of deserting (not speaking to your Muslim Brethren), for it is unlawful for any Muslim not to talk to his brother for more than three nights (days)." So when they increased their reminding her (of the superiority of having good relation with Kith and kin, and of excusing others' sins), and brought her down to a critical situation, she started reminding them, and wept, saying, "I have made a vow, and (the question of) vow is a difficult one." They (Al-Miswar and `Abdur-Rahman) persisted in their appeal till she spoke with `Abdullah bin Az- Zubair and she manumitted forty slaves as an expiation for her vow. Later on, whenever she remembered her vow, she used to weep so much that her veil used to become wet with her tears.

We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' Safiya became clean from her menses then Allah's Apostle married her. Hais (i.e. an 'Arabian dish) was prepared on a small leather mat. Then the Prophet said to me, "I invite the people around you." So that was the marriage banquet of the Prophet and Safiya. Then we proceeded towards Medina, and I saw the Prophet, making for her a kind of cushion with his cloak behind him (on his camel). He then sat beside his camel and put his knee for Safiya to put her foot on, in order to ride (on the camel).

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

that he heard Allah's Apostle saying, "Allah willed to test three Israelis who were a Leper, a blind man and a bald-headed man. So, he sent them an angel who came to the leper and said, 'What thing do you like most?' He replied, 'Good color and good skin, for the people have a strong aversion to me.' The angel touched him and his illness was cured, and he was given a good color and beautiful skin. The angel asked him, 'What kind of property do you like best?' He replied, 'Camels (or cows).' (The narrator is in doubt, for either the leper or the bald-headed man demanded camels and the other demanded cows). So he (i.e. the leper) was given a pregnant she-camel, and the angel said (to him), 'May Allah bless you in it.' The angel then went to the bald-headed man and said, 'What thing do you like most?' He said, 'I like good hair and wish to be cured of this disease, for the people feel repulsion for me.' The angel touched him and his illness was cured, and he was given good hair. The angel asked (him), 'What kind of property do you like best?' He replied, 'Cows,' The angel gave him a pregnant cow and said, 'May Allah bless you in it.' The angel went to the blind man and asked, 'What thing do you like best?' He said, '(I like) that Allah may restore my eye-sight to me so that I may see the people.' The angel touched his eyes and Allah gave him back his eye-sight. The angel asked him, 'What kind of property do you like best?' He replied, 'Sheep.' The angel gave him a pregnant sheep. Afterwards, all the three pregnant animals gave birth to young ones, and multiplied and brought forth so much that one of the (three) men had a herd of camels filling a valley, and one had a herd of cows filling a valley, and one had a flock of sheep filling a valley. Then the angel, disguised in the shape and appearance of a leper, went to the leper and said, I am a poor man, who has lost all means of livelihood while on a journey. So none will satisfy my need except Allah and then you. In the Name of Him Who has given you such nice color and beautiful skin, and so much property, I ask you to give me a camel so that I may reach my destination. The man replied, 'I have many obligations (so I cannot give you).' The angel said, 'I think I know you; were you not a leper to whom the people had a strong aversion? Weren't you a poor man, and then Allah gave you (all this property).' He replied, '(This is all wrong), I got this property through inheritance from my fore-fathers.' The angel said, 'If you are telling a lie, then let Allah make you as you were before. ' Then the angel, disguised in the shape and appearance of a bald man, went to the bald man and said to him the same as he told the first one, and he too answered the same as the first one did. The angel said, 'If you are telling a lie, then let Allah make you as you were before.' The angel, disguised in the shape of a blind man, went to the blind man and said, 'I am a poor man and a traveler, whose means of livelihood have been exhausted while on a journey. I have nobody to help me except Allah, and after Him, you yourself. I ask you in the Name of Him Who has given you back your eye-sight to give me a sheep, so that with its help, I may complete my journey.' The man said, 'No doubt, I was blind and Allah gave me back my eye-sight; I was poor and Allah made me rich; so take anything you wish from my property. By Allah, I will not stop you for taking anything (you need) of my property which you may take for Allah's sake.' The angel replied, 'Keep your property with you. You (i.e the three men) have been tested, and Allah is pleased with you and is angry with your two companions."

The Prophet offered four rak`at of Zuhr prayer at Medina; and two rak`at of `Asr prayer at Dhil- Hulaifa and spent the night there and when (the day) dawned, he mounted his Mount and started saying, "None has the right to be worshipped but Allah, and Glorified be Allah." When he reached Al- Baida' he recited Talbiya for both Hajj and `Umra. And when he arrived at Mecca, he ordered them (his companions) to finish their Ihram. The Prophet slaughtered seven Budn (camel) with his own hands while the camels were standing He also sacrificed two horned rams (black and white in color) at Medina.

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."