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."

The Messenger of Allah (saws) said one day from the pulpit: When some people were sailing in the sea, their food was finished. An island appeared to them. They went out seeking bread. They were met by the Jassasah (the Antichrist's spy).

I said to AbuSalamah: What is the Jassasah? He replied: A woman trailing the hair of her skin and of her head. She said: In this castle. He then narrated the rest of the (No. 4311) tradition. He asked about the palm-trees of Baysan and the spring of Zughar. He said: He is the Antichrist. Ibn Salamah said to me: There is something more in this tradition, which I could not remember. He said: Jabir testified that it was he who was Ibn Sayyad.

I said: He died. He said: Let him die. I said: He accepted Islam. He said: Let him accept Islam. I said: He entered Medina. He said: Let him enter Medina.

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.' "

There was no name dearer to `Ali than his nickname Abu Turab (the father of dust). He used to feel happy whenever he was called by this name. Once Allah's Apostle came to the house of Fatima but did not find `Ali in the house. So he asked "Where is your cousin?" She replied, "There was something (a quarrel) between me and him whereupon he got angry with me and went out without having a midday nap in my house." Allah's Apostle asked a person to look for him. That person came, and said, "O Allah's Apostle! He (Ali) is sleeping in the mosque." So Allah's Apostle went there and found him lying. His upper body cover had fallen off to one side of his body, and so he was covered with dust. Allah's Apostle started cleaning the dust from him, saying, "Get up, O Abu Turab! Get up, Abu Turab!" (See Hadith No. 432, Vol 1)

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not ask for a woman in marriage when another muslim has already done so."

Malik said, "The explanation of the statement of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - is that 'Do not ask for a woman in marriage when another muslim has already done so' means that when a man has asked for a woman in marriage, and she has inclined to him and they have agreed on a bride-price, which she has suggested and with which they are mutually satisfied, it is forbidden for another man to ask for that woman in marriage. It does not mean that when a man has asked for a woman in marriage, and his suit does not agree with her and she does not incline to him that no one else can ask for her in marriage. That is a door to misery for people."

Allah's Apostle came to `Abdullah bin Ubai (a hypocrite) after his death and he has been laid in his pit (grave). He ordered (that he be taken out of the grave) and he was taken out. Then he placed him on his knees and threw some of his saliva on him and clothed him in his (the Prophet's) own shirt. Allah knows better (why he did so). `Abdullah bin Ubai had given his shirt to Al-Abbas to wear. Abu Harun said, "Allah's Apostle at that time had two shirts and the son of `Abdullah bin Ubai said to him, 'O Allah's Apostle! Clothe my father in your shirt which has been in contact with your skin.' ' Sufyan added, "Thus people think that the Prophet clothed `Abdullah bin Tubal in his shirt in lieu of what he (Abdullah) had done (for Al `Abbas, the Prophet's uncle.)"

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."

"The idolaters wanted to purchase the body of a man who was from the idolaters. But the Prophet (saws) refused to trade with them [for him]."

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from a narration of Al-Hakam. Al-Hajjaj bin Artah also reported it from Al-Ahkam. Ahmad bin Al-Hasan said: "I heard Ahmad bin Hanbal saying: 'Ibn Abi Laila's narrations are not used as proof." Muhammad bin Isma'il said: "Ibn Abi Laila is truthful, but his correct Ahadith are not recognizable from his weak ones. And I do not report anything from him." Ibn Abi Laila is truthful, and Faqih, the problem is only in the chain.

Nasr bin 'Ali narrated to us, [he said:] "Abdullah bin Dawud narrated us, from Sufyan Ath-Thawri who said: 'Our Fuqaha' are Ibn Abi Laila and 'Abdullah bin Shubrumah.'"

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available at Mecca, and he was fettered with iron chains, and in fact, it was nothing but food bestowed upon him by Allah." So they took him out of the Sanctuary (of Mecca) to kill him. He said, "Allow me to offer a two-rak`at prayer." Then he went to them and said, "Had I not been afraid that you would think I was afraid of death, I would have prayed for a longer time." So it was Khubaib who first set the tradition of praying two rak`at before being executed. He then said, "O Allah! Count them one by one," and added, 'When I am being martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, because this death is in Allah's Cause. If He wishes, He will bless the cut limbs." Then `Uqba bin Al-Harith got up and martyred him. The narrator added: The Quraish (infidels) sent some people to `Asim in order to bring a part of his body so that his death might be known for certain, for `Asim had killed one of their chiefs on the day of Badr. But Allah sent a cloud of wasps which protected his body from their messengers who could not harm his body consequently.

We were in the company of Allah's Apostle and we assumed the state of Ihram of Hajj and arrived at Mecca on the fourth of Dhul-Hijja. The Prophet ordered us to perform the Tawaf around the Ka`ba and (Sa`i) between As-Safa and Al-Marwa and use our lhram just for `Umra, and finish the state of Ihram unless we had our Hadi with us. None of us had the Hadi with him except the Prophet and Talha. `Ali came from Yemen and brought the Hadi with him. `Ali said, 'I had assumed the state of Ihram with the same intention as that with which Allah's Apostle had assumed it. The people said, "How can we proceed to Mina and our male organs are dribbling?" Allah's Apostle said, "If I had formerly known what I came to know latterly, I would not have brought the Hadi, and had there been no Hadi with me, I would have finished my Ihram." Suraqa (bin Malik) met the Prophet while he was throwing pebbles at the Jamrat-Al-`Aqaba, and asked, "O Allah's Apostle! Is this (permitted) for us only?" The Prophet replied. "No, it is forever" `Aisha had arrived at Mecca while she was menstruating, therefore the Prophet ordered her to perform all the ceremonies of Hajj except the Tawaf around the Ka`ba, and not to perform her prayers unless and until she became clean . When they encamped at Al-Batha, `Aisha said, "O Allah's Apostle! You are proceeding after performing both Hajj and `Umra while I am proceeding with Hajj only?" So the Prophet ordered `Abdur-Rahman bin Abu Bakr As-Siddiq to go with her to at-Tan`im, and so she performed the `Umra in Dhul-Hijja after the days of the Hajj.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Allah's Apostle said, 'Nations were displayed before me; one or two prophets would pass by along with a few followers. A prophet would pass by accompanied by nobody. Then a big crowd of people passed in front of me and I asked, Who are they Are they my followers?" It was said, 'No. It is Moses and his followers It was said to me, 'Look at the horizon.'' Behold! There was a multitude of people filling the horizon. Then it was said to me, 'Look there and there about the stretching sky! Behold! There was a multitude filling the horizon,' It was said to me, 'This is your nation out of whom seventy thousand shall enter Paradise without reckoning.' "Then the Prophet entered his house without telling his companions who they (the 70,000) were. So the people started talking about the issue and said, "It is we who have believed in Allah and followed His Apostle; therefore those people are either ourselves or our children who are born m the Islamic era, for we were born in the Pre-lslamic Period of Ignorance.'' When the Prophet heard of that, he came out and said. "Those people are those who do not treat themselves with Ruqya, nor do they believe in bad or good omen (from birds etc.) nor do they get themselves branded (Cauterized). but they put their trust (only) in their Lord " On that 'Ukasha bin Muhsin said. "Am I one of them, O Allah's Apostle?' The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, 'Ukasha has anticipated you."

Allah's Apostle narrated to us two narrations, one of which I have seen (happening) and I am waiting for the other. He narrated that honesty was preserved in the roots of the hearts of men (in the beginning) and then they learnt it (honesty) from the Qur'an, and then they learnt it from the (Prophet's) Sunna (tradition). He also told us about its disappearance, saying, "A man will go to sleep whereupon honesty will be taken away from his heart, and only its trace will remain, resembling the traces of fire. He then will sleep whereupon the remainder of the honesty will also be taken away (from his heart) and its trace will resemble a blister which is raised over the surface of skin, when an ember touches one's foot; and in fact, this blister does not contain anything. So there will come a day when people will deal in business with each other but there will hardly be any trustworthy persons among them. Then it will be said that in such-and-such a tribe there is such-and-such person who is honest, and a man will be admired for his intelligence, good manners and strength, though indeed he will not have belief equal to a mustard seed in his heart." The narrator added: There came upon me a time when I did not mind dealing with anyone of you, for if he was a Muslim, his religion would prevent him from cheating; and if he was a Christian, his Muslim ruler would prevent him from cheating; but today I cannot deal except with so-and-so and so-and-so. (See Hadith No. 208, Vol. 9)

Once I went (from Medina) towards (Al-Ghaba) before the first Adhan of the Fajr Prayer. The shecamels of Allah's Apostle used to graze at a place called Dhi-Qarad. A slave of `Abdur-Rahman bin `Auf met me (on the way) and said, "The she-camels of Allah's Apostle had been taken away by force." I asked, "Who had taken them?" He replied "(The people of) Ghatafan." I made three loud cries (to the people of Medina) saying, "O Sabahah!" I made the people between the two mountains of Medina hear me. Then I rushed onward and caught up with the robbers while they were watering the camels. I started throwing arrows at them as I was a good archer and I was saying, "I am the son of Al-Akwa`, and today will perish the wicked people." I kept on saying like that till I restored the shecamels (of the Prophet), I also snatched thirty Burda (i.e. garments) from them. Then the Prophet and the other people came there, and I said, "O Allah's Prophet! I have stopped the people (of Ghatafan) from taking water and they are thirsty now. So send (some people) after them now." On that the Prophet said, "O the son of Al-Akwa`! You have over-powered them, so forgive them." Then we all came back and Allah's Apostle seated me behind him on his she-camel till we entered Medina.

I heard the Messenger of Allah (saws) say: Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful.

When Allah, Most High, revealed the verses: "Come not nigh to the orphan's property except to improve it". And "Those who unjustly eat up the property of orphans", everyone who had an orphan with him went and separated his food from his (orphan's) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled.

This fell heavy on them, and they mentioned this to the Messenger of Allah (saws). So Allah, Most High, revealed the verse: "They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren." Then they mixed their food with his food and their drink with his drink.

Yahya related to me from Malik from Abdullah ibn Yazid that Zayd ibn Ayyash told him that he had once asked Sad ibn Abi Waqqas about selling white wheat for a type of good barley. Sad asked him which was the better and when he told him the white wheat, he forbade the transaction. Sad said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about selling dried dates for fresh dates, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do the dates diminish in size when they become dry?' When he was told that they did, he forbade that."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, borrowed a young camel and then the camels of sadaqa came to him." Abu Rafi said, "He ordered me to repay the man his young camel. I said, 'I can only find a good camel in its seventh year in the camels.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him. The best of people are those who discharge their debts in the best manner.' "

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."

I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?

When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.

The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.

If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban and from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade mulamasa and munabadha.

Malik said, "Mulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it, or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another, and the other throws his garment without either of them making any inspection. Each of them says, 'this is for this. 'This is what is forbidden of mulamasa and munabadha."

Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with, and what people had done in the past, and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them, an uncertain transaction was not intended and it did not resemble mulamasa.

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

the Messenger of Allah (saws) prohibited selling the Wala' and [from] conferring it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of 'Abdullah bin Dinar from Ibn 'Umar from the Prophet (saws). Shu'bah, Sufyan Ath-Thawri, and Malik bin Anas (also) reported it from 'Abdullah bin Dinar. It has been related that Shu'bah said: "I so wished that 'Abdullah bin Dinar would permit me when he narrated this Hadith that I stand-up, so that I kiss his head." And Yahya bin Sulaim reported this Hadith from 'Ubaidullah bin 'Umar from Nafi', from Ibn 'Umar from the Prophet (saws). But this is mistaken, Yahya bin Sulaim erred in it, what is correct is: "From 'Ubaidullah bin 'Umar, from 'Abdullah bin Dinar, from Ibn 'Umar from the Prophet (saws). This is how it is reported by more than one narrator from 'Ubaidullah bin 'Umar.

[Abu 'Eisa said:] And 'Abdullah bin Dinar is alone with this Hadith.

Ibn Mansur said: "I said to Ahmad: 'The Prophet (saws) gave the Nafl when he divided the fourth, after the Khumus, and when he was returning (he gave) the third from the Khumus.' So he said: 'The Khumus is taken, and then the Nafl is given from what remains, nothing beyond this.''"

[Abu 'Eisa said:] This Hadith is (understood) as Ibn Musayyab said: "The Nafl is from te Khumus." Ishaq said as he said.

While Allah's Apostle was sitting, a Jew came and said, "O Abul Qasim! One of your companions has slapped me on my face." The Prophet asked who that was. He replied that he was one of the Ansar. The Prophet sent for him, and on his arrival, he asked him whether he had beaten the Jew. He (replied in the affirmative and) said, "I heard him taking an oath in the market saying, 'By Him Who gave Moses superiority over all the human beings.' I said, 'O wicked man! (Has Allah given Moses superiority) even over Muhammad I became furious and slapped him over his face." The Prophet said, "Do not give a prophet superiority over another, for on the Day of Resurrection all the people will fall unconscious and I will be the first to emerge from the earth, and will see Moses standing and holding one of the legs of the Throne. I will not know whether Moses has fallen unconscious or the first unconsciousness was sufficient for him."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Yahya said that Malik spoke about a man who loaned another man money and then the debtor asked him to leave it with him as a qirad. Malik said, "I do not like that unless he takes his money back from him, and then pays it to him as a qirad if he wishes or if he wishes keep it."

Malik spoke about an investor who paid a man qirad money and the man told him that it was collected with him and asked him to write it for him as a loan. He said, "I do not like that unless he takes his money from him and then lends it to him or keeps it as he wishes. That is only out of fear that he has lost some of it, and wants to defer it so that he can make up what has been lost of it. That is disapproved of and is not permitted and it is not good."

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

I intended to ask `Umar about those two ladies who back each other against 'Allah's Apostle . For one year I was seeking the opportunity to ask this question, but in vain, until once when I accompanied him for Hajj. While we were in Zahran, `Umar went to answer the call of nature and told me to follow him with some water for ablution. So I followed him with a container of water and started pouring water for him. I found it a good opportunity to ask him, so I said, "O chief of the Believers! Who were those two ladies who had backed each other (against the Prophet)?" Before I could complete my question, he replied, "They were `Aisha and Hafsa."

We paid a visit to Khabbab who was sick, and he said, "We migrated with the Prophet for Allah's Sake and our wages became due on Allah. Some of us died without having received anything of the wages, and one of them was Mus`ab bin `Umar, who was martyred on the day of the battle of Uhud, leaving only one sheet (to shroud him in). If we covered his head with it, his feet became uncovered, and if we covered his feet with it, his head became uncovered. So the Prophet ordered us to cover his head with it and put some Idhkhir (a kind of grass) over his feet. On the other hand, some of us have had the fruits (of our good deed) and are plucking them (in this world).

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

(the daughter of Khalid bin Sa`id) I went to Allah's Apostle with my father and I was Nearing a yellow shirt. Allah's Apostle said, "Sanah, Sanah!" (`Abdullah, the narrator, said that 'Sanah' meant 'good' in the Ethiopian language). I then started playing with the seal of Prophethood (in between the Prophet's shoulders) and my father rebuked me harshly for that. Allah's Apostle said. "Leave her," and then Allah's Apostle (invoked Allah to grant me a long life) by saying (thrice), "Wear this dress till it is worn out and then wear it till it is worn out, and then wear it till it is worn out." (The narrator adds, "It is said that she lived for a long period, wearing that (yellow) dress till its color became dark because of long wear.")

We visited Khabbaba who said, "We migrated with the Prophet for Allah's Sake, so our reward became due and sure with Allah. Some of us passed away without taking anything of their rewards (in this world) and one of them was Mus`ab bin `Umar who was martyred on the day (of the battle) of Uhud leaving a striped woolen cloak. When we covered his head with it, his feet became naked, and when covered his feet, his head became naked. So Allah's Apostle ordered us to cover his head and put some Idhkhir (i.e. a special kind of grass) on his feet. (On the other hand) some of us have had their fruits ripened (in this world) and they are collecting them."

Abu Hurairah said: (It will atone for his sins) for three days more. he further said: One is rewarded ten times for doing a good work.

Abu Dawud said: The version narrated by Muhammad b. Salamah is perfect, and Hammad did not make a mention of the statement of Abu Hurairah.

Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."

Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "

Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."

I asked `Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka`ba or performs `Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." `Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.' But in fact, this divine inspiration was revealed concerning the Ansar who used to assume lhram for worship ping an idol called "Manat" which they used to worship at a place called Al-Mushallal before they embraced Islam, and whoever assumed Ihram (for the idol), would consider it not right to perform Tawaf between Safa and Marwa. When they embraced Islam, they asked Allah's Apostle (p.b.u.h) regarding it, saying, "O Allah's Apostle! We used to refrain from Tawaf between Safa and Marwa." So Allah revealed: 'Verily; (the mountains) As-Safa and Al-Marwa are among the symbols of Allah.' " Aisha added, "Surely, Allah's Apostle set the tradition of Tawaf between Safa and Marwa, so nobody is allowed to omit the Tawaf between them." Later on I (`Urwa) told Abu Bakr bin `Abdur-Rahman (of `Aisha's narration) and he said, 'I have not heard of such information, but I heard learned men saying that all the people, except those whom `Aisha mentioned and who used to assume lhram for the sake of Manat, used to perform Tawaf between Safa and Marwa. When Allah referred to the Tawaf of the Ka`ba and did not mention Safa and Marwa in the Qur'an, the people asked, 'O Allah's Apostle! We used to perform Tawaf between Safa and Marwa and Allah has revealed (the verses concerning) Tawaf of the Ka`ba and has not mentioned Safa and Marwa. Is there any harm if we perform Tawaf between Safa and Marwa?' So Allah revealed: "Verily As-Safa and Al- Marwa are among the symbols of Allah." Abu Bakr said, "It seems that this verse was revealed concerning the two groups, those who used to refrain from Tawaf between Safa and Marwa in the Pre- Islamic Period of ignorance and those who used to perform the Tawaf then, and after embracing Islam they refrained from the Tawaf between them as Allah had enjoined Tawaf of the Ka`ba and did not mention Tawaf (of Safa and Marwa) till later after mentioning the Tawaf of the Ka`ba.'