Abu Dawud said: Ibn Sirin narrated from Abu Hurairah the words: "he should complete it afterwards." Similarly, Abu Rafi' narrated from Abu Hurairah and Abu Dharr narrated from him the words "then complete it, and complete it afterwards." There is a variation of words in the narration from him.

Abu Hurairah reported the Messenger of Allah (may peace be upon him) as saying; When one of you stands up to pray, the devil comes to him and confuses him so that he does not know how much he has prayed. If any of you has such an experience, he should perform two prostrations while he is sitting.

Abu Dawud said; This tradition has been narrated in a similar manner by Ibn ‘Uyainab, Ma’mar and al-Laith.

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

I asked Abu Wail, "Did you witness the battle of Siffin between `Ali and Muawiya?" He said, "Yes," and added, "Then I heard Sahl bin Hunaif saying, 'O people! Blame your personal opinions in your religion. No doubt, I remember myself on the day of Abi Jandal; if I had the power to refuse the order of Allah's Apostle, I would have refused it. We have never put our swords on our shoulders to get involved in a situation that might have been horrible for us, but those swords brought us to victory and peace, except this present situation.' " Abu Wail said, "I witnessed the battle of Siffin, and how nasty Siffin was!"

I heard the Messenger of Allah (saws) delivering Khutbah during the farewell Hajj, and he was wearing a Burd which he had wrapped from under his armpit." She said: "I was look at muscle of his upper arm quivering and I heard him saying: O you people! Have Taqwa of Allah. If a mutilated Ethiopian slave is put in command over you, then listen to him and obey him, as long as he upholds the Book of Allah among you.'"

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah and 'Irbad bin Sariyah. This Hadith is Hasan Sahih, it has been reported through other routes from Umm Husain.

The Messenger of Allah (saws) said: Gabriel (saws) came to me and said: I came to you last night and was prevented from entering simply because there were images at the door, for there was a decorated curtain with images on it in the house, and there was a dog in the house. So order the head of the image which is in the house to be cut off so that it resembles the form of a tree; order the curtain to be cut up and made into two cushions spread out on which people may tread; and order the dog to be turned out.

The Messenger of Allah (saws) then did so. The dog belonged to al-Hasan or al-Husayn and was under their couch. So he ordered it to be turned out.

Abu Dawud said: Al-Nadd means a thing on which clothes are placed like a couch.

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that.

Ibn Shihab said, "The killing of Ashyam was accidental."

Some clothes were presented to Allah's Apostle as a gift and there was a black Khamisa with it. The Prophet asked (his companions), "To whom do you suggest we give this Khamisa?" The people kept quiet. Then he said, "Bring me Um Khalid," So I was brought to him and he dressed me with it with his own hands and said twice, "May you live so long that you will wear out many garments." He then started looking at the embroidery of that Khamisa and said, "O Um Khalid! This is Sana!" (Sana in Ethiopian language means beautiful.) 'Is-haq, a sub-narrator, said: A woman of my family had told me that she had seen the Khamisa worn by Um Khalid.

Some people from the Ansar asked Allah's Apostle (to give them something) and he gave to everyone of them, who asked him, until all that he had was finished. When everything was finished and he had spent all that was in his hand, he said to them, '"(Know) that if I have any wealth, I will not withhold it from you (to keep for somebody else); And (know) that he who refrains from begging others (or doing prohibited deeds), Allah will make him contented and not in need of others; and he who remains patient, Allah will bestow patience upon him, and he who is satisfied with what he has, Allah will make him self-sufficient. And there is no gift better and vast (you may be given) than patience."

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

Ibn `Abbas said to me, "Shall I show you a woman of the people of Paradise?" I said, "Yes." He said, "This black lady came to the Prophet and said, 'I get attacks of epilepsy and my body becomes uncovered; please invoke Allah for me.' The Prophet said (to her), 'If you wish, be patient and you will have (enter) Paradise; and if you wish, I will invoke Allah to cure you.' She said, 'I will remain patient,' and added, 'but I become uncovered, so please invoke Allah for me that I may not become uncovered.' So he invoked Allah for her."

Narrated 'Ata:

That he had seen Um Zafar, the tall black lady, at (holding) the curtain of the Ka`ba.

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

A woman brought a woven Burda (sheet) having edging (border) to the Prophet, Then Sahl asked them whether they knew what is Burda, they said that Burda is a cloak and Sahl confirmed their reply. Then the woman said, "I have woven it with my own hands and I have brought it so that you may wear it." The Prophet accepted it, and at that time he was in need of it. So he came out wearing it as his waist-sheet. A man praised it and said, "Will you give it to me? How nice it is!" The other people said, "You have not done the right thing as the Prophet is in need of it and you have asked for it when you know that he never turns down anybody's request." The man replied, "By Allah, I have not asked for it to wear it but to make it my shroud." Later it was his shroud.

On the day (of the battle) of Hunain, Allah's Apostle favored some people in the distribution of the booty (to the exclusion of others); he gave Al-Aqra' bin H`Abis one-hundred camels and he gave 'Uyaina the same amount, and also gave to some of the eminent Arabs, giving them preference in this regard. Then a person came and said, "By Allah, in this distribution justice has not been observed, nor has Allah's Pleasure been aimed at." I said (to him), "By Allah, I will inform the Prophet (of what you have said), "I went and informed him, and he said, "If Allah and His Apostle did not act justly, who else would act justly. May Allah be merciful to Moses, for he was harmed with more than this, yet he kept patient."

Some people said, "O Allah's Apostle! Meat is brought to us by some people and we are not sure whether the name of Allah has been mentioned on it or not (at the time of slaughtering the animals)." Allah's Apostle said (to them), "Mention the name of Allah and eat it."

The Prophet (saws) said: Disagreement will occur at the death of a caliph and a man of the people of Medina will come flying forth to Mecca. Some of the people of Mecca will come to him, bring him out against his will and swear allegiance to him between the Corner and the Maqam. An expeditionary force will then be sent against him from Syria but will be swallowed up in the desert between Mecca and Medina. When the people see that, the eminent saints of Syria and the best people of Iraq will come to him and swear allegiance to him between the Corner and the Maqam.

Then there will arise a man of Quraysh whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expedition of Kalb. Disappointed will be the one who does not receive the booty of Kalb. He will divide the property, and will govern the people by the Sunnah of their Prophet (saws) and establish Islam on Earth. He will remain seven years, then die, and the Muslims will pray over him.

Abu Dawud said: Some transmitted from Hisham "nine years" and some "seven years".

That when he asked `Aisha about the statement of Allah "Until when the Apostles gave up hope (of their people)." (12.110) she told him (its meaning), `Urwa added, "I said, 'Did they (Apostles) suspect that they were betrayed (by Allah) or that they were treated as liars by (their people)?' `Aisha said, '(They suspected) that they were treated as liars by (their people),' I said, 'But they were sure that their people treated them as liars and it was not a matter of suspicion.' She said, 'Yes, upon my life they were sure about it.' I said to her. 'So they (Apostles) suspected that they were betrayed (by Allah).' She said, "Allah forbid! The Apostles never suspected their Lord of such a thing.' I said, 'What about this Verse then?' She said, 'It is about the Apostles' followers who believed in their Lord and trusted their Apostles, but the period of trials was prolonged and victory was delayed till the Apostles gave up all hope of converting those of the people who disbelieved them and the Apostles thought that their followers treated them as liars; thereupon Allah's help came to them.

Mu`adh bin Jabal used to pray with the Prophet and then go to lead his people in prayer. Once he led the people in prayer and recited Surat-al-Baqara. A man left (the row of the praying people) and offered (light) prayer (separately) and went away. When Mu`adh came to know about it, he said. "He (that man) is a hypocrite." Later that man heard what Mu`adh said about him, so he came to the Prophet and said, "O Allah's Apostle! We are people who work with our own hands and irrigate (our farms) with our camels. Last night Mu`adh led us in the (night) prayer and he recited Sura-al-Baqara, so I offered my prayer separately, and because of that, he accused me of being a hypocrite." The Prophet called Mu`adh and said thrice, "O Mu`adh! You are putting the people to trials? Recite 'Washshamsi wad-uhaha' (91) or'Sabbih isma Rabbi ka-l-A'la' (87) or the like."

Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."

Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."

On the day of Badr, the Prophet ordered that the corpses of twenty four leaders of Quraish should be thrown into one of the dirty dry wells of Badr. (It was a habit of the Prophet that whenever he conquered some people, he used to stay at the battle-field for three nights. So, on the third day of the battle of Badr, he ordered that his she-camel be saddled, then he set out, and his companions followed him saying among themselves." "Definitely he (i.e. the Prophet) is proceeding for some great purpose." When he halted at the edge of the well, he addressed the corpses of the Quraish infidels by their names and their fathers' names, "O so-and-so, son of so-and-so and O so-and-so, son of so-andso! Would it have pleased you if you had obeyed Allah and His Apostle? We have found true what our Lord promised us. Have you too found true what your Lord promised you? "`Umar said, "O Allah's Apostle! You are speaking to bodies that have no souls!" Allah's Apostle said, "By Him in Whose Hand Muhammad's soul is, you do not hear, what I say better than they do." (Qatada said, "Allah brought them to life (again) to let them hear him, to reprimand them and slight them and take revenge over them and caused them to feel remorseful and regretful.")

Allah's Apostle informed (the people) about the death of An-Najashi on the very day he died. He went towards the Musalla (praying place) and the people stood behind him in rows. He said four Takbirs (i.e. offered the Funeral prayer).

I proceeded along with the Prophet on the day of `Arafat (9th Dhul-Hijja). The Prophet heard a great hue and cry and the beating of camels behind him. So he beckoned to the people with his lash, "O people! Be quiet. Hastening is not a sign of righteousness."

"When the Messenger of Allah (saws) arrived from Tabuk, the people went out to Thaniyyah Al-Wada' to meet him." As-Sa'ib said: "I went out with the people, and I was a boy."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The people of Najran came to the Prophet and said, "Send an honest man to us." The Prophet said, "I will send to you an honest man who is really trustworthy." Everyone of the (Muslim) people hoped to be that one. The Prophet then sent Abu Ubaida bin Al-Jarrah.

As-Salami: Allah's Apostle used to teach his companions to perform the prayer of Istikhara for each and every matter just as he used to teach them the Suras from the Qur'an He used to say, "If anyone of you intends to do some thing, he should offer a two rak`at prayer other than the compulsory prayers, and after finishing it, he should say: O Allah! I consult You, for You have all knowledge, and appeal to You to support me with Your Power and ask for Your Bounty, for You are able to do things while I am not, and You know while I do not; and You are the Knower of the Unseen. O Allah If You know It this matter (name your matter) is good for me both at present and in the future, (or in my religion), in my this life and in the Hereafter, then fulfill it for me and make it easy for me, and then bestow Your Blessings on me in that matter. O Allah! If You know that this matter is not good for me in my religion, in my this life and in my coming Hereafter (or at present or in the future), then divert me from it and choose for me what is good wherever it may be, and make me be pleased with it." (See Hadith No. 391, Vol. 8)

Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman ibn Mamar al-Ansari from Abu Yunus, the mawla of A'isha, from A'isha that she overheard a man standing at the door saying to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I get up in the morning junub, in a state of major ritual impurity, and want to fast," and the Messenger of Allah, may Allah bless him and grant him peace, said, "I too get up in the morning junub and want to fast, so I do ghusl and fast." The man said to him, "You are not the same as us. Allah has forgiven you all your wrong actions that have gone before and those that have come after." The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I hope that I am the most fearful of you with respect to Allah and the most knowledgeable of you in how I have taqwa."

When Allah's Apostle became seriously ill, Bilal came to him for the prayer. He said, "Tell Abu Bakr to lead the people in the prayer." I said, "O Allah's Apostle! Abu Bakr is a softhearted man and if he stands in your place, he would not be able to make the people hear him. Will you order `Umar (to lead the prayer)?" The Prophet said, "Tell Abu Bakr to lead the people in the prayer." Then I said to Hafsa, "Tell him, Abu i Bakr is a softhearted man and if he stands in his place, he would not be able to make the people hear him. Would you order `Umar to lead the prayer?' " Hafsa did so. The Prophet said, "Verily you are the companions of Joseph. Tell Abu Bakr to lead the people in the prayer." So Abu- Bakr stood for the prayer. In the meantime Allah's Apostle felt better and came out with the help of two persons and both of his legs were dragging on the ground till he entered the mosque. When Abu Bakr heard him coming, he tried to retreat but Allah's Apostle beckoned him to carry on. The Prophet sat on his left side. Abu Bakr was praying while standing and Allah's Apostle was leading the prayer while sitting. Abu Bakr was following the Prophet and the people were following Abu Bakr (in the prayer).

I fought along with the Prophet (saws) in such and such battles. The people occupied much space and encroached on the road. The Prophet (saws) sent an announcer to announce among the people: Those who occupy much space or encroach on the road will not be credited with jihad.

The Prophet (saws) said: Shall I not inform you of something more excellent in degree than fasting, prayer and almsgiving (sadaqah)? The people replied: Yes, Prophet of Allah! He said: It is putting things right between people, spoiling them is the shaver (destructive).

The Prophet said to me during Hajjat-al-Wida`: Let the people keep quiet and listen. Then he said (addressing the people), "Do not (become infidels) revert to disbelief after me by striking the necks (cutting the throats) of one another (killing each other).

"The Prophet became sick and when his disease became aggravated, he said, "Tell Abu Bakr to lead the prayer." `Aisha said, "He is a softhearted man and would not be able to lead the prayer in your place." The Prophet said again, "Tell Abu Bakr to lead the people in prayer." She repeated the same reply but he said, "Tell Abu Bakr to lead the people in prayer. You are the companions of Joseph." So the messenger went to Abu Bakr (with that order) and he led the people in prayer in the lifetime of the Prophet.

`Aisha said, "Allah's Apostle ordered Abu Bakr to lead the people in the prayer during his illness and so he led them in prayer." `Urwa, a sub narrator, added, "Allah's Apostle felt a bit relieved and came out and Abu Bakr was leading the people. When Abu Bakr saw the Prophet he retreated but the Prophet beckoned him to remain there. Allah's Apostle sat beside Abu Bakr. Abu Bakr was following the prayer of Allah's Apostle and the people were following the prayer of Abu Bakr."

I offered the `Asr prayer behind the Prophet at Medina. When he had finished the prayer with Taslim, he got up hurriedly and went out by crossing the rows of the people to one of the dwellings of his wives. The people got scared at his speed . The Prophet came back and found the people surprised at his haste and said to them, "I remembered a piece of gold Lying in my house and I did not like it to divert my attention from Allah's worship, so I have ordered it to be distributed (in charity).

A funeral procession passed and the people praised the deceased. The Prophet said, "It has been affirmed to him." Then another funeral procession passed and the people spoke badly of the deceased. The Prophet said, "It has been affirmed to him". `Umar bin Al-Khattab asked (Allah's Apostle (p.b.u.h) ), "What has been affirmed?" He replied, "You praised this, so Paradise has been affirmed to him; and you spoke badly of this, so Hell has been affirmed to him. You people are Allah's witnesses on earth."

I was the butler of the people in the house of Abu Talha, and in those days drinks were prepared from dates. Allah's Apostle ordered somebody to announce that alcoholic drinks had been prohibited. Abu Talha ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Medina. Some people said, "Some people were killed and wine was still in their stomachs." On that the Divine revelation came:-- "On those who believe And do good deeds There is no blame For what they ate (in the past)." (5.93)

The Prophet said, "While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, "Think of good deeds which you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you." One of them said, 'O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.' So, Allah removed the rock a little and they saw the sky. The second man said, 'O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, 'O Allah's slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).' So, I got up. O Allah! If I did it for Your sake only, please remove the rock.' The rock shifted a little more. Then the third man said, 'O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, 'Fear Allah (and give me my right)." I said, 'Go and take those cows and the shepherd.' He said, 'Be afraid of Allah! Don't mock at me.' I said, 'I am not mocking at you. Take (all that).' So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.' So, Allah removed the rock."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that Abd ar-Rahman ibn Abd al-Qari said, "I went out with Umar ibn alKhattab in Ramadan to the mosque and the people there were spread out in groups. Some men were praying by themselves, whilst others were praying in small groups. Umar said, 'By Allah! It would be better in my opinion if these people gathered behind one reciter.' So he gathered them behind Ubayy ibn Kab. Then I went out with him another night and the people were praying behind their Qur'an reciter. Umar said, 'How excellent this new way is, but what you miss while you are asleep is better than what you watch in prayer.' He meant the end of the night, and people used to watch the beginning of the night in prayer."