Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

Malik related to me that he heard that a man of the Ansar from the tribe of Banu al-Harith ibn al-Khazraj, gave sadaqa to his parents and then they died. Their son inherited the property he had given them and it was palm-trees. He asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, "You are rewarded for your sadaqa, and take it as your inheritance."

Anas said When the verse “You will never attain righteousness until you give freely of what you love" came down, Abu Talhah said Messenger of Allah (saws), I think our Lord asks us for our property. I call you as witness that I dedicate my land at Ariha ‘to Him’. The Messenger of Allah (saws) said to him Divide it among your nearest relatives. So he divided it among Hassan bin Thabit and Ubayy bin Ka’b.

Abu Dawud said I have been gold by an Ansari Muhammad bin ‘Abdallah that the name of Abu Talhah is Zaid bin Sahal bin al-Aswad bin Haram bin ‘Amar bin Zaid bin Manat bin ‘Adi bin ‘Amr bin Malik bin al-Najjar; and Hassan bin Tabit is son of al-Mundhir in al-Haram. Thus both of them (Abu Talhah and Hassan) have their common link in Haram who is the third great grandfather. Ubbay bin Ka’b is son of Qais bin ‘Atik bin Zaid bin Mu’awiyah bin ‘Amr bin Malik bin al-Najjar. Thus the common tie between Hassan, Abu Talhah and Ubbay is ‘Amr (bin Malik). The Ansari said between Ubbay and Abi Talhah there are six great grandfathers.

My father bought a slave who practiced the profession of cupping. (My father broke the slave's instruments of cupping). I asked my father why he had done so. He replied, "The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed and receiving or giving Riba, (usury), and cursed the picture-makers."

Yahya related to me from Malik from Abu'r-Rijal, Muhammad ibn Abdar-Rahman ibn Haritha that his mother, Amra bint Abd ar-Rahman used to sell her fruit and keep some of it aside.

Malik said, "The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard, he can keep aside up to a third of the fruit, but that is not to be exceeded. There is no harm in what is less than a third."

Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep aside only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified, because the owner was only keeping aside certain fruit of his own orchard and everything else he sold.

Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.

Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.

Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.

Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth said (to me), "What forbids you to talk to `Uthman about his brother Al-Walid because people have talked much about him?" So I went to `Uthman and when he went out for prayer I said (to him), "I have something to say to you and it is a piece of advice for you " `Uthman said, "O man, from you." (`Umar said: I see that he said, "I seek Refuge with Allah from you.") So I left him and went to them. Then the messenger of `Uthman came and I went to him (i.e. `Uthman), `Uthman asked, "What is your advice?" I replied, "Allah sent Muhammad with the Truth, and revealed the Divine Book (i.e. Qur'an) to him; and you were amongst those who followed Allah and His Apostle, and you participated in the two migrations (to Ethiopia and to Medina) and enjoyed the company of Allah's Apostle and saw his way. No doubt, the people are talking much about Al-Walid." `Uthman said, "Did you receive your knowledge directly from Allah's Apostle ?" I said, "No, but his knowledge did reach me and it reached (even) to a virgin in her seclusion." `Uthman said, "And then Allah sent Muhammad with the Truth and I was amongst those who followed Allah and His Apostle and I believed in what ever he (i.e. the Prophet) was sent with, and participated in two migrations, as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance him. By Allah! I never disobeyed him, nor did I cheat him till Allah took him unto Him. Then I treated Abu Bakr and then `Umar similarly and then I was made Caliph. So, don't I have rights similar to theirs?" I said, "Yes." He said, "Then what are these talks reaching me from you people? Now, concerning what you mentioned about the question of Al-Walid, Allah willing, I shall deal with him according to what is right." Then he called `Ali and ordered him to flog him, and `Ali flogged him (i.e. Al-Walid) eighty lashes.

The Prophet said: None is more patient than Allah against the harmful saying. He hears from the people they ascribe children to Him, yet He gives them health and (supplies them with) provision."

A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (saws): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn Abi Salama saw the Messenger of Allah, may Allah bless him and grant him peace, praying in one garment in the house of Umm Salama. He was completely covered by it, and had put both ends over his shoulders.

Yahya related to me from Malik from Yahya ibn Said from Abbad ibn Tamin that one time Uwaymir ibn Ashqar sacrificed his animal before the prayer on the morning of the Day of Sacrifice, and he mentioned that the Messenger of Allah, may Allah bless him and grant him peace, had ordered him to sacrifice another animal.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, forbade that the meat from sacrificial animals be eaten after three days. Then later he said, "Eat, give sadaqa, provide for yourselves and store up."

The Messenger of Allah (saws) used to observe the witr prayer with nine rak'ahs. Then he used to pray seven rak'ahs (of witr prayer). He would pray two rak'ahs sitting after the witr in which he would recite the Qur'an (sitting). When he wished to bow, he stood up and bowed and prostrated.

Abu Dawud said: These two traditions have been transmitted by Khalid b. 'Abd Allah al-Wasiti. In his version he said: 'Alqamah b. Waqqas said: O mother, how did he pray the two rak'ahs ? He narrated the rest of the tradition to the same effect.

A dead man in debt used to be brought to Allah's Apostle who would ask, "Has he left anything to re pay his debts?" If he was informed that he had left something to cover his debts the Prophet would offer the funeral prayer for him; otherwise he would say to the Muslims present there), "Offer the funeral prayer for your friend:"but when Allah helped the Prophet to gain victory (on his expeditions), he said, "I am closer to the Believers than themselves, so. if one of the Believers dies in debt, I will repay it, but if he leaves wealth, it will be for his heirs.

Allah's Apostle sent an army unit headed by Usama bin Zaid and the people criticized his leadership. The Prophet said (to the people), "If you are criticizing his leadership now, then you used to criticize his father's leadership before. By Allah, he (Usama's father) deserved the leadership and used to be one of the most beloved persons to me, and now his son (Usama) is one of the most beloved persons to me after him. " (See Hadith No. 745, Vol. 5)

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Amr ibn Hazm that he had heard Abbad ibn Tamim say that he had heard Abdullah ibn Zayd al-Mazini say, "The Messenger of Allah, may Allah bless him and grant him peace, came out to the place of prayer and asked for rain, and when he faced the qibla he turned his cloak inside out."

Malik was asked how many rakas there were in the prayer of asking for rain and he said, "Two rakas, and the imam does the prayer before he gives the khutba. He prays two rakas, and then he gives a khutba and makes dua, facing the qibla and turning his cloak inside out. He recites out loud in both rakas, and when he turns his cloak inside out he puts what is on his right on his left, and what is on his left on his right, and all the people turn their cloaks inside out when the imam does so, and face the qibla, sitting."

When Hind, daughter of Utbah, said: Prophet of Allah, accept my allegiance, he replied; I shall not accept your allegiance till you make a difference to the palms of your hands; for they look like the paws of a beast of prey.

I said: Messenger of Allah, I am a man who goes out hunting; may I pray in a single shirt? He replied: Yes, but fasten it even if it should be with a thorn.

Malik related to me from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one leaves Madina preferring to live elsewhere, but that Allah will give it better than him in place of him ."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A person who drags his garment in arrogance will not be looked at by Allah on the Day of Rising."

Yahya related to me from Malik that Abdullah ibn Abi Bakr said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'May Allah curse the jews! They were forbidden to eat fat, so they sold it and ate its price.' "

That he heard Anas bin Malik when he went with him to Al-Walid, saying, "Once the Prophet called the Ansar in order to give them the territory of Bahrain they said, 'No, unless you give to our emigrant brethren a similar share.' On that he said 'If you do not agree to it, then be patient till you meet me, for after me others will be given preference to you."'

Malik related to me from al-Walid ibn Abdullah ibn Sayyad that al-Muttalib ibn Abdullah ibn Hantab al-Makhzumi informed him that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "What is backbiting?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is to mention about a man what he does not want to hear." He said, "Messenger of Allah! Even if it is true?" The Messenger of Allah, may Allah bless him and grant him peace, said, "If you utter something false, then it is slander."

I heard the Messenger of Allah (saws) say: May Allah brighten a man who hears a tradition from us, gets it by heart and passes it on to others. Many a bearer of knowledge conveys it to one who is more versed than he is; and many a bearer of knowledge is not versed in it.

Abu Dawud said: This Hadith has a continuous chain of narrators, 'Ubadah bin Al-Walid bin 'Ubadah (did) met Jabir.

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

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

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

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

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

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

A man asked Al-Bara', "O Abu '`Umara! Did you all flee on the day (of the battle) of Hunain?" He replied, "No, by Allah! Allah's Apostle did not flee, but his young unarmed companions passed by the archers of the tribe of Hawazin and Bani Nasr whose arrows hardly missed a target, and they threw arrows at them hardly missing a shot. So the Muslims retreated towards the Prophet while he was riding his white mule which was being led by his cousin Abu Sufyan bin Al-Harith bin `Abdul Muttalib. The Prophet dismounted and invoked Allah for victory; then he said, 'I am the Prophet, without a lie; I am the son of `Abdul Muttalib, and then he arranged his companions in rows."

A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to present myself to you (for marriage)." Allah's Apostle glanced at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to offer." The man said, 'No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and try to find something." So the man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Go again and look for something, even if it were an iron ring." He went and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet).' He had no Rida (upper garment). He added, "I give half of it to her." Allah's Apostle said "What will she do with your Izar? If you wear it, she will have nothing over herself thereof (will be naked); and if she wears it, then you will have nothing over yourself thereof ' So the man sat for a long period and then got up (to leave). When Allah's Apostle saw him leaving, he ordered that he e called back. When he came, the Prophet asked (him), "How much of the Qur'an do you know (by heart)?" The man replied, I know such Sura and such Sura and such Sura," naming the suras. The Prophet said, "Can you recite it by heart?" He said, 'Yes." The Prophet said, "Go I let you marry her for what you know of the Qur'an (as her Mahr).

The Prophet said, "If anyone of you, on having sexual relation with his wife, says: 'O Allah! Protect me from Satan, and prevent Satan from approaching the offspring you are going to give me,' and if it happens that the lady conceives a child, Satan will neither harm it nor be given power over it."

The Messenger of Allah (saws) distributed sacrificial animals among his Companions. He gave me a kid (of less than a year). I took it to him and said: This is a kid. He said: Sacrifice it. so I sacrificed it.

Yahya related to me from Malik from Yahya ibn Said that a man greeted Abdullah ibn Umar. He said, "Peace be upon you and the mercy of Allah and his barakat, on and on." Abdullah ibn Umar said to him, "And on you, a thousand times," as if he disliked that.

I reached the Prophet in the mosque while he was bowing in prayer and I too bowed before joining the row mentioned it to the Prophet and he said to me, "May Allah increase your love for the good. But do not repeat it again (bowing in that way).

Malik related to me from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fever is from the vehemence of the heat of Jahannam, so put it out with water."

Yahya related to me from Malik from Yahya ibn Sa'id from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to raise his hands in the prayer.

Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do some of the prayers in your houses."

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, "Blessing is in the forelocks of horses until the Day of Rising."