The Prophet and I used to take a bath from a single pot called 'Faraq'.

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid said, "As a young man I used to work with Abdullah ibn Utba ibn Masud in the market of Madina in the time of Umar ibn al-Khattab and we used to take a tenth from the Nabateans."

The Prophet said, "While I was sleeping, a group (of my followers were brought close to me), and when I recognized them, a man (an angel) came out from amongst (us) me and them, he said (to them), 'Come along.' I asked, 'Where?' He said, 'To the (Hell) Fire, by Allah' I asked, 'what is wrong with them' He said, 'They turned apostate as renegades after you left.' Then behold! (Another) group (of my followers) were brought close to me, and when I recognized them, a man (an angel) came out from (me and them) he said (to them); Come along.' I asked, "Where?' He said, 'To the (Hell) Fire, by Allah.' I asked, What is wrong with them?' He said, 'They turned apostate as renegades after you left. So I did not see anyone of them escaping except a few who were like camels without a shepherd."

Yahya related to me from Malik from Ubaydullah ibn Abd ar-Rahman that Ubayd ibn Hunayn, the mawla of the family of Zayd ibn al Khattab, said that he had heard Abu Hurayra say, "I was going along with the Messenger of Allah, may Allah bless him and grant him peace, when he heard a man reciting Surat al-Ikhlas (Sura 112). The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is obligatory,' and I asked him, 'What is, Messenger of Allah?' and he said, 'The Garden.' I wanted to tell the man the good news but I was afraid that I would miss the midday meal with the Messenger of Allah, may Allah bless him and grant him peace, and I preferred to eat with the Messenger of Allah, may Allah bless him and grant him peace. When I went to the man afterwards I found that he had gone."

Yahya related to me from Malik that Yahya ibn Said heard Muhammad ibn Yahya ibn Habban mentioning that a certain man passed Abu Dharr at ar-Rabadha (which was about 30 miles from Madina) and Abu Dharr asked him, "Where are you heading to?" and he replied, "I am intending to do hajj." Abu Dharr questioned, "Has anything else brought you out?" and he said, "No," so Abu Dharr said "Resume what you are doing wholeheartedly."

The man related, "I went on till I came to Makka and I stayed as long as Allah willed. Suddenly, one time, I was with a crowd of people thronging about a man and I pushed through the people to him and it was the old man that I had come across at ar- Rabadha. When he saw me, he recognized me and said, 'Ah, you have done what I told you.' "

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

Yahya related to me from Malik from Ibn Shihab from clsa ibn Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for the people at Mina, and they questioned him and a man came and said to him, 'Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't worry.' Then another came to him and said 'Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.' He advised, 'Throw, and don't worry.' "

Amr continued, saying that the Messenger of Allah, may Allah bless him and grant him peace, was not asked about anything done before or after without his saying, "Do it, and don't worry."

Yahya related to me from Malik from Yahya ibn Said from Abu Salama ibn Abd ar-Rahman that he heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "I used to have to make up days from Ramadan and not be able to do them until Shaban came."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept."

Once the Prophet offered the `Asr prayer and then hurriedly went to his house and returned immediately. I (or somebody else) asked him (as to what was the matter) and he said, "I left at home a piece of gold which was from the charity and I disliked to let it remain a night in my house, so I got it distributed . "

That the Prophet said to him, "Recite the Qur'an to me." `Abdullah said, "Shall I recite (the Qur'an) to you while it has been revealed to you?" He said, "I like to hear it from others."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, prayed in the mosque one night and people prayed behind him. Then he prayed the next night and there were more people. Then they gathered on the third or fourth night and the Messenger of Allah, may Allah bless him and grant him peace, did not come out to them. In the morning, he said, "I saw what you were doing and the only thing that prevented me from coming out to you was that I feared that it would become obligatory (fard) for you." This happened in Ramadan.

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

"Allah's Apostle arranged a horse race amongst the horses that had been made lean, letting them start from Al-Hafya' and their limit (distance of running) was up to Thaniyat-al-Wada`. I asked Musa, 'What was the distance between the two places?' Musa replied, 'Six or seven miles. He arranged a race of the horses which had not been made lean sending them from Thaniyat-al-Wada`, and their limit was up to the mosque of Bani Zuraiq.' I asked, 'What was the distance between those two places?' He replied 'One mile or so.' Ibn `Umar was amongst those who participated in that horse race."

The Prophet said, "The example of a believer who recites the Qur'an and acts on it, like a citron which tastes nice and smells nice. And the example of a believer who does not recite the Qur'an but acts on it, is like a date which tastes good but has no smell. And the example of a hypocrite who recites the Qur'an is like a Raihana (sweet basil) which smells good but tastes bitter And the example of a hypocrite who does not recite the Qur'an is like a colocynth which tastes bitter and has a bad smell."

The Prophet said, "The tribe of Quraish has precedence over the people in this connection (i.e the right of ruling). The Muslims follow the Muslims amongst them, and the infidels follow the infidels amongst them. People are of different natures: The best amongst them in the pre-lslamic period are the best in Islam provided they comprehend the religious knowledge. You will find that the best amongst the people in this respect (i.e. of ruling) is he who hates it (i.e. the idea of ruling) most, till he is given the pledge of allegiance."

I went to Sham and offered a two-rak`at prayer and then said, "O Allah! Bless me with a good pious companion." So I went to some people and sat with them. An old man came and sat by my side. I asked, "Who is he?" They replied, "(He is) Abu-Ad-Darda.' I said (to him), "I prayed to Allah to bless me with a pious companion and He sent you to me." He asked me, "From where are you?" I replied, "From the people of Al-Kufa." He said, "Isn't there amongst you Ibn Um `Abd, the one who used to carry the shoes, the cushion(or pillow) and the water for ablution? Is there amongst you the one whom Allah gave Refuge from Satan through the request of His Prophet. Is there amongst you the one who keeps the secrets of the Prophet which nobody knows except him?" Abu Darda further asked, "How does `Abdullah (bin Mas`ud) recite the Sura starting with, 'By the Night as it conceals (the light)." (92.1) Then I recited before him: 'By the Night as it envelops: And by the Day as it appears in brightness; And by male and female.' (91.1-3) On this Abu Ad-Darda' said, "By Allah, the Prophet made me recite the Sura in this way while I was listening to him (reciting it).

Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam asked Said ibn al-Musayyab's advice. "I am a man who buys food with receipts from al-Jar. Perhaps I will buy something for a dinar and half a dirham, and will be given food for a half." Said said, "No. You give a dirham, and take the rest in food." (A half dirham did not exist as a coin.)

when this Verse:--'Say (O Muhammad!): He has Power to send torments on you from above,' (6.65) was revealed; The Prophet said, "I take refuge with Your Face." Allah revealed:-- '..or from underneath your feet.' (6.65) The Prophet then said, "I seek refuge with Your Face!" Then Allah revealed:--'...or confuse you in party-strife.' (6.65) Oh that, the Prophet said, "This is easier."

Asma bint Abi Bakr said, "We broke our fast during the lifetime of the Prophet on a cloudy day and then the sun appeared." Hisham was asked, "Were they ordered to fast in lieu of that day?" He replied, "It had to be made up for." Ma`mar said, "I heard Hisham saying, "I don't know whether they fasted in lieu of that day or not."

Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.

She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days."

She added, "When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it."

If a man saw a dream during the lifetime of the Prophet he would narrate it to the Prophet. Once I wished to see a dream and narrate it to the Prophet I was young, unmarried, and used to sleep in the Mosque during the lifetime of the Prophet. I dreamt that two angels took me and went away with me towards the (Hell) Fire which looked like a well with the inside walls built up, and had two side-walls like those of a well. There I saw some people in it whom I knew. I started saying, "I seek Refuge with Allah from the (Hell) Fire, I seek Refuge with Allah from the (Hell) Fire." Then another angel met the other two and said to me, "Do not be afraid." I narrated my dream to Hafsa who, in her turn, narrated it to the Prophet. He said, "What an excellent man `Abdullah is if he only observes the night prayer." (Salem, a sub-narrator said, "Abdullah used not to sleep at night but very little hence forward."

I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Anas ibn Malik that his grandmother, Mulayka, invited the Messenger of Allah, may Allah bless him and grant him peace, for food and he ate some of it. Then the Messenger of Allah, may Allah bless him and grant him peace, said, "Get up and I will lead you in prayer."

Anas said, "I stood up and took a woven mat belonging to us that had become black through long use and sprinkled it with water, and the Messengerof Allah, may Allah bless him and grant him peace, stood on it. The orphan and I formed a row behind him, and the old woman stood behind us. He prayed two rakas with us and then left."

regarding the Verse: 'If a wife fears cruelty or desertion on her husband's part ...') (4.128) It concerns the woman whose husband does not want to keep her with him any longer, but wants to divorce her and marry some other lady, so she says to him: 'Keep me and do not divorce me, and then marry another woman, and you may neither spend on me, nor sleep with me.' This is indicated by the Statement of Allah: 'There is no blame on them if they arrange an amicable settlement between them both, and (such) settlement is better." (4.128)

While the Prophet was in a funeral procession, he took a stick and started scraping the earth with it and said, "There is none of you but has his place assigned either in Hell or in Paradise." They (the people) said, "Shall we not depend upon that (and give up doing any deeds)?' He said, " Carry on doing (good deeds) for everybody will find it easy to do such deeds as will lead him to his destined place for which he has been created ." (And then the Prophet recited the Verse):-- 'As for him who gives (in charity) and keeps his duty to Allah...' (92.5)

Allah's Apostle said, "Satan puts three knots at the back of the head of any of you if he is asleep. On every knot he reads and exhales the following words, 'The night is long, so stay asleep.' When one wakes up and remembers Allah, one knot is undone; and when one performs ablution, the second knot is undone, and when one prays the third knot is undone and one gets up energetic with a good heart in the morning; otherwise one gets up lazy and with a mischievous heart."

AbuThumamah al-Hannat said that Ka'b ibn Ujrah met him while he was going to the mosque; one of the two (companions) met his companion (on his way to the mosque) And he met crossing the fingers of my both hands. He prohibited me to do so, and said: The Messenger of Allah (saws) has said: If any of you performs ablution, and performs his ablution perfectly, and then goes out intending for the mosque, he should not cross the fingers of his hand because he is already in prayer.

When Allah's Apostle arrived in Mecca, he refused to enter the Ka`ba while there were idols in it. So he ordered that they be taken out. The pictures of the (Prophets) Abraham and Ishmael, holding arrows of divination in their hands, were carried out. The Prophet said, "May Allah ruin them (i.e. the infidels) for they knew very well that they (i.e. Abraham and Ishmael) never drew lots by these (divination arrows). Then the Prophet entered the Ka`ba and said. "Allahu Akbar" in all its directions and came out and not offer any prayer therein.

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

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

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

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

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

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

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

On the authority of Abu Huraira: The people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" The Prophet said, "Do you have any difficulty in seeing the moon on a full moon night?" They said, "No, O Allah's Apostle." He said, "Do you have any difficulty in seeing the sun when there are no clouds?" They said, "No, O Allah's Apostle." He said, "So you will see Him, like that. Allah will gather all the people on the Day of Resurrection, and say, 'Whoever worshipped something (in the world) should follow (that thing),' so, whoever worshipped the sun will follow the sun, and whoever worshiped the moon will follow the moon, and whoever used to worship certain (other false) deities, he will follow those deities. And there will remain only this nation with its good people (or its hypocrites). (The sub-narrator, Ibrahim is in doubt.) Allah will come to them and say, 'I am your Lord.' They will (deny Him and) say, 'We will stay here till our Lord comes, for when our Lord comes, we will recognize Him.' So Allah will come to them in His appearance which they know, and will say, 'I am your Lord.' They will say, 'You are our Lord,' so they will follow Him.

Then a bridge will be laid across Hell (Fire)' I and my followers will be the first ones to go across it and none will speak on that Day except the Apostles. And the invocation of the Apostles on that Day will be, 'O Allah, save! Save!' In Hell (or over The Bridge) there will be hooks like the thorns of As-Sa'dan (thorny plant). Have you seen As-Sa'dan? " They replied, "Yes, O Allah's Apostle!" He said, "So those hooks look like the thorns of As-Sa'dan, but none knows how big they are except Allah. Those hooks will snap the people away according to their deeds. Some of the people will stay in Hell (be destroyed) because of their (evil) deeds, and some will be cut or torn by the hooks (and fall into Hell) and some will be punished and then relieved. When Allah has finished His Judgments among the people, He will take whomever He will out of Hell through His Mercy. He will then order the angels to take out of the Fire all those who used to worship none but Allah from among those whom Allah wanted to be merciful to and those who testified (in the world) that none has the right to be worshipped but Allah. The angels will recognize them in the Fire by the marks of prostration (on their foreheads), for the Fire will eat up all the human body except the mark caused by prostration as Allah has forbidden the Fire to eat the mark of prostration. They will come out of the (Hell) Fire, completely burnt and then the water of life will be poured over them and they will grow under it as does a seed that comes in the mud of the torrent.

Then Allah will finish the judgments among the people, and there will remain one man facing the (Hell) Fire and he will be the last person among the people of Hell to enter Paradise. He will say, 'O my Lord! Please turn my face away from the fire because its air has hurt me and its severe heat has burnt me.' So he will invoke Allah in the way Allah will wish him to invoke, and then Allah will say to him, 'If I grant you that, will you then ask for anything else?' He will reply, 'No, by Your Power, (Honor) I will not ask You for anything else.' He will give his Lord whatever promises and covenants Allah will demand.

So Allah will turn his face away from Hell (Fire). When he will face Paradise and will see it, he will remain quiet for as long as Allah will wish him to remain quiet, then he will say, 'O my Lord! Bring me near to the gate of Paradise.' Allah will say to him, 'Didn't you give your promises and covenants that you would never ask for anything more than what you had been given? Woe on you, O Adam's son! How treacherous you are!' He will say, 'O my lord,' and will keep on invoking Allah till He says to him, 'If I give what you are asking, will you then ask for anything else?' He will reply, 'No, by Your (Honor) Power, I will not ask for anything else.'

Then he will give covenants and promises to Allah and then Allah will bring him near to the gate of Paradise. When he stands at the gate of Paradise, Paradise will be opened and spread before him, and he will see its splendor and pleasures whereupon he will remain quiet as long as Allah will wish him to remain quiet, and then he will say, O my Lord! Admit me into Paradise.' Allah will say, 'Didn't you give your covenants and promises that you would not ask for anything more than what you had been given?' Allah will say, 'Woe on you, O Adam's son! How treacherous you are! '

The man will say, 'O my Lord! Do not make me the most miserable of Your creation,' and he will keep on invoking Allah till Allah will laugh because of his sayings, and when Allah will laugh because of him, He will say to him, 'Enter Paradise,' and when he will enter it, Allah will say to him, 'Wish for anything.' So he will ask his Lord, and he will wish for a great number of things, for Allah Himself will remind him to wish for certain things by saying, '(Wish for) so-and-so.' When there is nothing more to wish for, Allah will say, 'This is for you, and its equal (is for you) as well."

'Ata' bin Yazid added: Abu Sa'id Al-Khudri who was present with Abu Huraira, did not deny whatever the latter said, but when Abu Huraira said that Allah had said, "That is for you and its equal as well," Abu Sa'id Al-Khudri said, "And ten times as much, O Abu Huraira!" Abu Huraira said, "I do not remember, except his saying, 'That is for you and its equal as well.'" Abu Sa'id Al-Khudri then said, "I testify that I remember the Prophet saying, 'That is for you, and ten times as much.' ' Abu Huraira then added, "That man will be the last person of the people of Paradise to enter Paradise."

Allah's Apostle said, "While I was sleeping, I saw myself (in a dream) standing by a well. I drew from it as much water as Allah wished me to draw, and then Ibn Quhafa (Abu Bakr) took the bucket from me and drew one or two buckets, and there was weakness in his drawing----may Allah forgive him! Then `Umar took the bucket which turned into something like a big drum. I had never seen a powerful man among the people working as perfectly and vigorously as he did. (He drew so much water that) the people drank to their satisfaction and watered their camels that knelt down there. (See Hadith No. 16, Vol. 5)

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

It was narrated from al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari that they heard Umar bin al Khattab say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratal-Furqan during the lifetime of the Messenger of Allah (ﷺ). I listened to his recitation and he was reciting in a way different from the way in which the Messenger of Allah (ﷺ) had taught me to recite it. I was about to interrupt him whilst he was praying, but I waited until he said the tasleem, and when he had said the tasleem,... and he narrated a similar report.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab used to say, "O Allah! I ask you for martyrdom in Your way and death in the city of Your Messenger!"