Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

During the affliction of Ibn Az-Zubair, two men came to Ibn `Umar and said, "The people are lost, and you are the son of `Umar, and the companion of the Prophet, so what forbids you from coming out?" He said, "What forbids me is that Allah has prohibited the shedding of my brother's blood." They both said, "Didn't Allah say, 'And fight then until there is no more affliction?" He said "We fought until there was no more affliction and the worship is for Allah (Alone while you want to fight until there is affliction and until the worship become for other than Allah." Narrated Nafi` (through another group of sub-narrators): A man came to Ibn `Umar and said, "O Abu `Abdur Rahman! What made you perform Hajj in one year and Umra in another year and leave the Jihad for Allah' Cause though you know how much Allah recommends it?" Ibn `Umar replied, "O son of my brother! Islam is founded on five principles, i.e. believe in Allah and His Apostle, the five compulsory prayers, the fasting of the month of Ramadan, the payment of Zakat, and the Hajj to the House (of Allah)." The man said, "O Abu `Abdur Rahman! Won't you listen to why Allah has mentioned in His Book: 'If two groups of believers fight each other, then make peace between them, but if one of then transgresses beyond bounds against the other, then you all fight against the one that transgresses. (49.9) and:--"And fight them till there is no more affliction (i.e. no more worshiping of others along with Allah)." Ibn `Umar said, "We did it, during the lifetime of Allah's Apostle when Islam had only a few followers. A man would be put to trial because of his religion; he would either be killed or tortured. But when the Muslims increased, there was no more afflictions or oppressions." The man said, "What is your opinion about `Uthman and `Ali?" Ibn `Umar said, "As for `Uthman, it seems that Allah has forgiven him, but you people dislike that he should be forgiven. And as for `Ali, he is the cousin of Allah's Apostle and his son-in-law." Then he pointed with his hand and said, "That is his house which you see."

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

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

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

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

I heard Allah's Apostle saying, "Three men from among those who were before you, set out together till they reached a cave at night and entered it. A big rock rolled down the mountain and closed the mouth of the cave. They said (to each other), Nothing could save you from this rock but to invoke Allah by giving reference to the righteous deed which you have done (for Allah's sake only).' So, one of them said, 'O Allah! I had old parents and I never provided my family (wife, children etc.) with milk before them. One day, by chance I was delayed, and I came late (at night) while they had slept. I milked the sheep for them and took the milk to them, but I found them sleeping. I disliked to provide my family with the milk before them. I waited for them and the bowl of milk was in my hand and I kept on waiting for them to get up till the day dawned. Then they got up and drank the milk. O Allah! If I did that for Your Sake only, please relieve us from our critical situation caused by this rock.' So, the rock shifted a little but they could not get out." The Prophet added, "The second man said, 'O Allah! I had a cousin who was the dearest of all people to me and I wanted to have sexual relations with her but she refused. Later she had a hard time in a famine year and she came to me and I gave her one-hundred-and-twenty Dinars on the condition that she would not resist my desire, and she agreed. When I was about to fulfill my desire, she said: It is illegal for you to outrage my chastity except by legitimate marriage. So, I thought it a sin to have sexual intercourse with her and left her though she was the dearest of all the people to me, and also I left the gold I had given her. O Allah! If I did that for Your Sake only, please relieve us from the present calamity.' So, the rock shifted a little more but still they could not get out from there." The Prophet added, "Then the third man said, 'O Allah! I employed few laborers and I paid them their wages with the exception of one man who did not take his wages and went away. I invested his wages and I got much property thereby. (Then after some time) he came and said to me: O Allah's slave! Pay me my wages. I said to him: All the camels, cows, sheep and slaves you see, are yours. He said: O Allah's slave! Don't mock at me. I said: I am not mocking at you. So, he took all the herd and drove them away and left nothing. O Allah! If I did that for Your Sake only, please relieve us from the present suffering.' So, that rock shifted completely and they got out walking.

I suffered from drought; so I entered a garden of Medina, and rubbed an ear-corn. I ate and carried in my garment. Then its master came, he beat me and took my garment. He came to the Messenger of Allah (saws) who said to him: You did not teach him if he was ignorant; and you did not feed him if he was hungry. He ordered him, so he returned my garment to me, and gave me one or half a wasq (sixty or thirty sa's) of corn.

The Messenger of Allah (saws) sent an expedition to Khath'am. Some people sought protection by having recourse to prostration, and were hastily killed. When the Prophet (saws) heard that, he ordered half the blood-wit to be paid for them, saying: I am not responsible for any Muslim who stays among polytheists. They asked: Why, Messenger of Allah? He said: Their fires should not be visible to one another.

Abu Dawud said: Hushaim, Ma'mar, Khalid b. al-Wasiti and a group of narrators have also narrated it, but did not mention Jarir.

No woman of Banu Qurayzah was killed except one. She was with me, talking and laughing on her back and belly (extremely), while the Messenger of Allah (saws) was killing her people with the swords. Suddenly a man called her name: Where is so-and-so? She said: I I asked: What is the matter with you? She said: I did a new act. She said: The man took her and beheaded her. She said: I will not forget that she was laughing extremely although she knew that she would be killed.

The people of pre-Islamic times used to eat some things and leave others alone, considering them unclean. Then Allah sent His Prophet (saws) and sent down His Book, marking some things lawful and others unlawful; so what He made lawful is lawful, what he made unlawful is unlawful, and what he said nothing about is allowable. And he recited: "Say: I find not in the message received by me by inspiration any (meat) forbidden to be eaten by one who wishes to eat it...." up to the end of the verse.

That a woman of Banu Asad: One day I was with Zaynab, the wife of the Messenger of Allah (saws), and we were dyeing her clothes with red ochre. In the meantime the Messenger of Allah (saws) peeped us. When he saw the red ochre, he returned. When Zaynab saw this, she realised that the Messenger of Allah (saws) disapproved of what she had done. She then took and washed her clothes and concealed all redness. The Messenger of Allah (saws) then returned and peeped, and when he did not see anything, he entered.

The Messenger of Allah (saws) said: Before the Last Hour there will be commotions like pieces of a dark night in which a man will be a believer in the morning and an infidel in the evening, or a believer in the evening and infidel in the morning. He who sits during them will be better than he who gets up and he who walks during them is better than he who runs. So break your bows, cut your bowstrings and strike your swords on stones. If people then come in to one of you, let him be like the better of Adam's two sons.

He (Abu Hurayrah) said: I heard my friend AbulQasim (saws) say: On the Day of Resurrection Allah will raise martyrs from the mosque of al-Ashshar, who will be the only ones to rise with the martyrs of Badr.

Abu Dawud said: This mosque is near the river.

A Jewess presented a roasted sheep to the Messenger of Allah (saws) at Khaybar.

He then mentioned the rest of the tradition like that of Jabir (No. 4495). He said: Then Bashir ibn al-Bara' ibn Ma'rur al-Ansari died. He sent someone to call on the Jewess, and said to her (when she came): What motivated you to do the work you have done? He then mentioned the rest of the tradition similar to the one mentioned by Jabir (No. 4495).

The Messenger of Allah (saws) then ordered regarding her and she was killed. But he (AbuSalamah) did not mention the matter of cupping.

A man asked permission to see the Prophet (saws), and the Prophet (saws) said: He is a bad member of the tribe. When he entered, the Messenger of Allah (saws) treated in a frank and friendly way and spoke to him. When he departed , I said: Messenger of Allah! When he asked permission, you said: He is a bad member of the tribe, but when he entered, you treated him in a frank and friendly way. The Messenger of Allah replied: Aisha! Allah does not like the one who is unseemly and lewd in his language.

AbdulHamid, a client of Banu Hashim, said that his mother who served some of the daughters of the Prophet (saws) told him that one of the daughters of the Prophet (saws) said that the Prophet (saws) used to teach her saying: Say in the morning: Glory be to Allah, and I begin with praise of Him; there is no power but in Allah ; what Allah wills comes to pass and what He does not will does not come to pass; I know that Allah is Omnipotent and that Allah has comprehended everything in knowledge" ; for whoever says it in the morning will be guarded till the evening, and whoever says it in the evening will be guarded till the morning.

Abu Dawud said : Ibn Juraij did not hear these two traditions from Abu al-Zubair, I have been informed by Ahmad. B. Hanbal saving : Ibn Juraij heard them from Yasin al-Zayyat.

Aby Dawud said: Al-Mughirah b. Muslim has transmitted it from Abu al-Zubair from Jabir From the prophet(saws).