Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her."

The Prophet came from the direction of Bir Jamal. A man met him and greeted him. But he did not return back the greeting till he went to a (mud) wall and wiped his face and hands with its dust (performed Tayammum) and then returned back the greeting.

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

Ali ibn AbuTalib commanded him to ask the Messenger of Allah (saws) what a man should do when he wants to have intercourse with his wife and the prostatic fluid comes out (at this moment). (He said): I am ashamed of consulting him because of the position of his daughter. Al-Miqdad said: I asked the Messenger of Allah (saws) about it. He said: When any of you finds, he should wash his private part, and perform ablution as he does for prayer.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

The Prophet (p.b.u.h) offered the funeral prayer of a man one night after he was buried, he and his companions stood up (for the Prayer). He had asked them about him before standing, saying, "Who is this?" They said, "He is so and so and was buried last night." So all of them offered the funeral prayer.

When we were ordered to give alms, we began to work as porters (to earn something we could give in charity). Abu `Aqil came with one half of a Sa` (special measure for food grains) and another person brought more than he did. So the hypocrites said, "Allah is not in need of the alms of this (i.e. Abu `Aqil); and this other person did not give alms but for showing off." Then Allah revealed:-- 'Those who criticize such of the Believers who give charity voluntarily and those who could not find to give in charity except what is available to them.' (9.79)

Um Habiba said to Allah's Apostle "We have heard that you want to marry Durra bint Abu-Salama." Allah's Apostle said, "Can she be married along with Um Salama (her mother)? Even if I have not married Um Salama, she would not be lawful for me to marry, for her father is my foster brother."

I performed ablution in my house and then went out and said, "Today I shall stick to Allah's Apostle and stay with him all this day of mine (in his service)." I went to the Mosque and asked about the Prophet . They said, "He had gone in this direction." So I followed his way, asking about him till he entered a place called Bir Aris. I sat at its gate that was made of date-palm leaves till the Prophet finished answering the call of nature and performed ablution. Then I went up to him to see him sitting at the well of Aris at the middle of its edge with his legs uncovered, hanging in the well. I greeted him and went back and sat at the gate. I said, "Today I will be the gatekeeper of the Prophet." Abu Bakr came and pushed the gate. I asked, "Who is it?" He said, "Abu Bakr." I told him to wait, went in and said, "O Allah's Apostle! Abu Bakr asks for permission to enter." He said, "Admit him and give him the glad tidings that he will be in Paradise." So I went out and said to Abu Bakr, "Come in, and Allah's Apostle gives you the glad tidings that you will be in Paradise" Abu Bakr entered and sat on the right side of Allah's Apostle on the built edge of the well and hung his legs n the well as the Prophet did and uncovered his legs. I then returned and sat (at the gate). I had left my brother performing ablution and he intended to follow me. So I said (to myself). "If Allah wants good for so-and-so (i.e. my brother) He will bring him here." Suddenly somebody moved the door. I asked, "Who is it?" He said, "`Umar bin Al-Khattab." I asked him to wait, went to Allah's Apostle, greeted him and said, `Umar bin Al-Khattab asks the permission to enter." He said, "Admit him, and give him the glad tidings that he will be in Paradise." I went to "`Umar and said "Come in, and Allah's Apostle, gives you the glad tidings that you will be in Paradise." So he entered and sat beside Allah's Apostle on the built edge of the well on the left side and hung his legs in the well. I returned and sat (at the gate) and said, (to myself), "If Allah wants good for so-and-so, He will bring him here." Somebody came and moved the door. I asked "Who is it?" He replied, "Uthman bin `Affan." I asked him to wait and went to the Prophet and informed him. He said, "Admit him, and give him the glad tidings of entering Paradise, I asked him to wait and went to the Prophet and informed him. He said, "Adult him, and give him the glad tidings of entering Paradise after a calamity that will befall him." So I went up to him and said to him, "Come in; Allah's Apostle gives you the glad tidings of entering Paradise after a calamity that will befall you. "Uthman then came in and found that the built edge of the well was occupied, so he sat opposite to the Prophet on the other side. Sa`id bin Al-Musaiyab said, "I interpret this (narration) in terms of their graves."

We set out with the Prophet with the intention of performing Hajj only. The Prophet reached Mecca and performed Tawaf of the Ka`ba and between Safa and Marwa and did not finish the Ihram, because he had the Hadi with him. His companions and his wives performed Tawaf (of the Ka`ba and between Safa and Marwa), and those who had no Hadi with them finished their Ihram. I got the menses and performed all the ceremonies of Hajj. So, when the Night of Hasba (night of departure) came, I said, "O Allah's Apostle! All your companions are returning with Hajj and `Umra except me." He asked me, "Didn't you perform Tawaf of the Ka`ba (Umra) when you reached Mecca?" I said, "No." He said, "Go to Tan`im with your brother `Abdur-Rahman, and assume Ihram for `Umra and I will wait for you at such and such a place." So I went with `Abdur-Rahman to Tan`im and assumed Ihram for `Umra. Then Safiya bint Huyay got menses. The Prophet said, " 'Aqra Halqa! You will detain us! Didn't you perform Tawaf-al-Ifada on the Day of Nahr (slaughtering)?" She said, "Yes, I did." He said, "Then there is no harm, depart." So I met the Prophet when he was ascending the heights towards Mecca and I was descending, or vice-versa.

A man came to the Prophet (saws) and said: Messenger of Allah! one of us has thoughts of such nature that he would rather be reduced to charcoal than speak about them. He said: Allah is Most Great, Allah is Most Great, Allah is Most Great. Praise be to Allah Who has reduced the guile of the devil to evil prompting. Ibn Qudamah said "reduced his matter" instead of "reduced his guile".

Ibn Qudamah said "reduced his matter" instead of "reduced his guile".

While we were sitting with the Prophet who had a stick with which he was scraping the earth, he lowered his head and said, "There is none of you but has his place assigned either in the Fire or in Paradise." Thereupon a man from the people said, "Shall we not depend upon this, O Allah's Apostle?" The Prophet said, "No, but carry on and do your deeds, for everybody finds it easy to do such deeds (as will lead him to his place)." The Prophet then recited the Verse: 'As for him who gives (in charity) and keeps his duty to Allah..' (92.5)

We were with Abu Huraira while he was wearing two linen garments dyed with red clay. He cleaned his nose with his garment, saying, "Bravo! Bravo! Abu Huraira is cleaning his nose with linen! There came a time when I would fall senseless between the pulpit of Allah's Apostle and `Aisha's dwelling whereupon a passerby would come and put his foot on my neck, considering me a mad man, but in fact, I had no madness, I suffered nothing but hunger."

The Messenger of Allah (saws) announced to go on expedition for Tabuk. I went to my family and then proceeded (on journey). The vanguard of the Companions of the Messenger of Allah (saws) had already proceeded. So I began to announce loudly in Medina: Is there anyone who takes a man on his ride, and he will get his share (from the booty? An old man from the Ansar (Helpers) spoke loudly: We shall have his share if we take him with us on our mount by turns, and he will have his meal with us. I said: Yes. He said: So go on journey with Allah's blessing. I then proceeded along with my best companion and Allah gave us booty. Some she-camels were given to me as my share of booty. I drove them till I reached him. He came out and sat on the rear part of the saddle of his camel. He then said: Drive them backward. He again said: Drive them forward. He then said: I find your she-camels very gentle. He said: This is your booty which I stipulated for you. He replied: Take your she-camels, my nephew; we did not intend (to get) your portion.

Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves.

Malik added that he had heard that the man did not have any property other than them.

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.' "

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (saws) and said: "O Messenger of Allah! Stop him (from making purchases)." So Allah's Prophet (saws) called him to prohibit him, and he said: "O Messenger of Allah! I have no patience for business." So he said: "When you are buying, say: 'Hand to hand, and no cheating.'"

[Abu 'Eisa said:] There is a narration on this topic from Ibn 'Umar.

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

The Prophet (saws) said: If any man is among a people in whose midst he does acts of disobedience, and, though they are able to make him change (his acts), they do not change, Allah will smite them with punishment before they die.

The Prophet (saws) said: A man never did a good deed but removed a thorny branch from the road; it was either in the tree and someone cut it and threw it on the road, or it was lying in it, he removed it. Allah accepted this good deed of his and brought him into Paradise.

The Prophet (or 'Abul Qasim) said, "While a man was walking, clad in a two-piece garment and proud of himself with his hair well-combed, suddenly Allah made him sink into the earth and he will go on sinking into it till the Day of Resurrection.

Usama bin Zaid said, "The Prophet rode over a donkey with a saddle underneath which there was a thick soft Fadakiya velvet sheet. Usama bin Zaid was his companion rider, and he was going to pay a visit to Sa`d bin Ubada (who was sick) at the dwelling place of Bani Al-Harith bin Al-Khazraj, and this incident happened before the battle of Badr. The Prophet passed by a gathering in which there were Muslims and pagan idolators and Jews, and among them there was `Abdullah bin Ubai bin Salul, and there was `Abdullah bin Rawaha too. When a cloud of dust raised by the animal covered that gathering, `Abdullah bin Ubai covered his nose with his Rida (sheet) and said (to the Prophet), "Don't cover us with dust." The Prophet greeted them and then stopped, dismounted and invited them to Allah (i.e., to embrace Islam) and also recited to them the Holy Qur'an. `Abdullah bin Ubai' bin Salul said, "O man! There is nothing better than what you say, if what you say is the truth. So do not trouble us in our gatherings. Go back to your mount (or house,) and if anyone of us comes to you, tell (your tales) to him." On that `Abdullah bin Rawaha said, "(O Allah's Apostle!) Come to us and bring it(what you want to say) in our gatherings, for we love that." So the Muslims, the pagans and the Jews started quarreling till they were about to fight and clash with one another. The Prophet kept on quietening them (till they all became quiet). He then rode his animal, and proceeded till he entered upon Sa`d bin 'Ubada, he said, "O Sa`d, didn't you hear what Abu Habbab said? (He meant `Abdullah bin Ubai). He said so-and-so." Sa`d bin 'Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Allah, Allah has given you what He has given you. The people of this town decided to crown him (as their chief) and make him their king. But when Allah prevented that with the Truth which He had given you, it choked him, and that was what made him behave in the way you saw him behaving." So the Prophet excused him.

A man who had drunk wine was brought before the Prophet (saws) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (saws) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes.

Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

The Prophet (saws) said: (The standard) weight is the weight of the people of Mecca, and the (standard) measure is the measure of the people of Medina.

Abu Dawud said: Al-Firyabi and Abu Ahmad have also transmitted from Sufyan in a similar way, and he (Ibn Dukain) agreed with them on the text. The version of Abu Ahmad has: "from Ibn 'Abbas" instead of Ibn 'Umar. It has also been transmitted by al-Walid b. Muslim from Hanzalah. This version has: "the weight of Medina and the measure of Mecca."

Abu Dawud said: There is a variation in the text of the version of this tradition narrated by Malik b. Dinar from 'Ata' from the Prophet (saws).

Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wala al-Misri asked Abdullah ibn Abbas about what is squeezed from the grapes. Ibn Abbas replied, "A man gave the Messenger of Allah, may Allah bless him and grant him peace, a small water-skin of wine. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Don't you know that Allah has made it haram?' He said, 'No.' Then a man at his side whispered to him. The Messenger of Allah, may Allah bless him and grant him peace, asked what he had whispered, and the man replied, 'I told him to sell it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The One who made drinking it haram has made selling it haram.' The man then opened the water- skins and poured out what was in them ."

A woman from the tribe of Khath'am came in the year (of ,Hajjat-al-Wada` of the Prophet ) and said, "O Allah's Apostle! My father has come under Allah's obligation of performing Hajj but he is a very old man and cannot sit properly on his Mount. Will the obligation be fulfilled if I perform Hajj on his behalf?" The Prophet replied in the affirmative.

The client of Usamah ibn Zayd said that he went along with Usamah to Wadi al-Qura in pursuit of his camels. He would fast on Monday and Thursday. His client said to him: Why do you fast on Monday and Thursday, while you are an old man? He said: The Prophet of Allah (saws) used to fast on Monday and Thursday. When he was asked about it, he said: The works of the servants (of Allah) are presented (to Allah) on Monday and Thursday.

"The Prophet said, "Last night a big demon (afreet) from the Jinns came to me and wanted to interrupt my prayers (or said something similar) but Allah enabled me to overpower him. I wanted to fasten him to one of the pillars of the mosque so that all of you could See him in the morning but I remembered the statement of my brother Solomon (as stated in Quran): My Lord! Forgive me and bestow on me a kingdom such as shall not belong to anybody after me (38.35)." The sub narrator Rauh said, "He (the demon) was dismissed humiliated."

When a woman went out in the time of the Prophet (saws) for prayer, a man attacked her and overpowered (raped) her.

She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Messenger of Allah (saws).

When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her.

He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.

He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.

Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.

A lady came to the Prophet and declared that she had decided to offer herself to Allah and His Apostle. The Prophet said, "I am not in need of women." A man said (to the Prophet) "Please marry her to me." The Prophet said (to him), "Give her a garment." The man said, "I cannot afford it." The Prophet said, "Give her anything, even if it were an iron ring." The man apologized again. The Prophet then asked him, "What do you know by heart of the Qur'an?" He replied, "I know such-andsuch portion of the Qur'an (by heart)." The Prophet said, "Then I marry her to you for that much of the Qur'an which you know by heart."

On his father's authority, said that his grandfather reported the Messenger of Allah (saws) said: The blood-wit for a man who makes a covenant is half of the blood-wit for a free man.

Abu Dawud said: It has been transmitted by Usamah b. Zaid al-Laithi and 'Abd al-Rahman b. al-Harith on the authority of 'Amr b. Suh'aib in similar manner.