Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "It is forbidden to be married to a woman and her paternal or maternal aunt at the same time, and for a man to have intercourse with a female slave who is carrying another man's child."

`Utba bin Abi Waqqas authorized his brother Sa`d bin Abi Waqqas to take the son of the slave-girl of Zam`a into his custody, telling him that the boy was his own (illegal) son. When Allah's Apostle went (to Mecca) at the time of the Conquest, Sa`d took the son of the slave-girl of Zam`a to Allah's Apostle and also brought 'Abu bin Zam`a with him and said, "O Allah's Apostle! This is the son of my brother `Utba who authorized me to take him into my custody." 'Abu bin Zam`a said, "O Allah's Apostle! He is my brother, the son of Zam`a's slave-girl and he was born on his bed." Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed much resemblance (to `Utba). Allah's Apostle said, "It is for you, O 'Abu bin Zam`a as he was born on the bed of your father." Allah's Apostle then told Sauda bint Zam`a to observe veil in the presence of the boy as he noticed the boy's resemblance to `Utba and Sauda was the wife of the Prophet .

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Apostle! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

(the wife of the Prophet) `Utba bin Abi Waqqas said to his brother Sa`d bin Abi Waqqas, "The son of the slave girl of Zam`a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa`d took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." `Abd bin Zam`a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa`d said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." `Abd bin Zam`a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O `Abd bin Zam`a!" Then Allah's Apostle further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sauda bint Zam`a, "Veil (screen) yourself before him," when he saw the child's resemblance to `Utba. The boy did not see her again till he met Allah.

Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, "What's the matter with men who have intercourse with their slave- girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her."

`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.

Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."

`Utba bin Abi Waqqas authorized his brother Sa`d to take the son of the slave-girl of Zam`a into his custody. `Utba said (to him). "He is my son." When Allah's Apostle arrived in Mecca during the Conquest (of Mecca), Sa`d bin Abi Waqqas took the son of the slave-girl of Zam`a and took him to the Prophet `Abd bin Zam`a too came along with him. Sa`d said. "This is the son of my brother and the latter has informed me that he is his son." `Abd bin Zam`a said, "O Allah's Apostle! This is my brother who is the son of the slave-girl of Zam`a and was born on his (i.e. Zam'as) bed.' Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed that he, of all the people had the greatest resemblance to `Utba bin Abi Waqqas. Allah's Apostle then said (to `Abd), " He is yours; he is your brother, O `Abd bin Zam`a, he was born on the bed (of your father)." (At the same time) Allah's Apostle said (to his wife Sauda), "Veil yourself before him (i.e. the son of the slave-girl) O Sauda," because of the resemblance he noticed between him and `Utba bin Abi Waqqas. Allah's Apostle added, "The boy is for the bed (i.e. for the owner of the bed where he was born), and stone is for the adulterer." (Ibn Shihab said, "Abu Huraira used to say that (i.e. the last statement of the Prophet in the above Hadith 596, publicly.")

(the wife of the Prophet) `Utba bin Abi Waqqas entrusted (his son) to his brother Sa`d bin Abi Waqqas saying, "The son of the slave-girl of Zam`a is my (illegal) son, take him into your custody." So during the year of the Conquest (of Mecca) Sa`d took the boy and said, "This is my brother's son whom my brother entrusted to me." 'Abu bin Zam's got up and said, "He is my brother and the son of the slave girl of my father and was born on my father's bed." Then both of them came to Allah's Apostle and Sa`d said, "O Allah's Apostle! This is my brother's son whom my brother entrusted to me." Then 'Abu bin Zam`a got up and said, "This is my brother and the son of the slave-girl of my father." Allah's Apostle said, "O Abu bin Zam`a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation)." Then the Prophet said to his wife Sauda bint Zam`a, "Screen yourself from this boy," when he saw the boy's resemblance to `Utba. Since then the boy did not see Sauda till he died.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave-girl gives birth to a child by her master, he must not sell her, give her away, or bequeath her. He enjoys her and when he dies she is free ."

Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"

There was a black slave girl belonging to an 'Arab tribe and they manumitted her but she remained with them. The slave girl said, "Once one of their girls (of that tribe) came out wearing a red leather scarf decorated with precious stones. It fell from her or she placed it somewhere. A kite passed by that place, saw it Lying there and mistaking it for a piece of meat, flew away with it. Those people searched for it but they did not find it. So they accused me of stealing it and started searching me and even searched my private parts." The slave girl further said, "By Allah! while I was standing (in that state) with those people, the same kite passed by them and dropped the red scarf and it fell amongst them. I told them, 'This is what you accused me of and I was innocent and now this is it.' " `Aisha added: That slave girl came to Allah's Apostle and embraced Islam. She had a tent or a small room with a low roof in the mosque. Whenever she called on me, she had a talk with me and whenever she sat with me, she would recite the following: "The day of the scarf (band) was one of the wonders of our Lord, verily He rescued me from the disbelievers' town. `Aisha added: "Once I asked her, 'What is the matter with you? Whenever you sit with me, you always recite these poetic verses.' On that she told me the whole story. "

Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "

Allah's Apostle said, "The Prophet Abraham migrated with Sarah. The people (of the town where they migrated) gave her Ajar (i.e. Hajar). Sarah returned and said to Abraham, "Do you know that Allah has humiliated that pagan and he has given a slave-girl for my service?"

Allah's Apostle said, any man who has a slave girl whom he educates properly, teaches good manners, manumits and marries her, will get a double reward And if any man of the people of the Scriptures believes in his own prophet and then believes in me too, he will (also) get a double reward And any slave who fulfills his duty to his master and to his Lord, will (also) get a double reward."

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people, "She is your concern," and people considered that to be one pronouncement of divorce.

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Awf bought a slave- girl and found that she had a husband, so he returned her.

The Prophet (saws) said: When one has a look into the house, then there is no (need of) permission.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, "Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing." The Messenger of Allah, may Allah bless him and grant him peace, said, "This is only one of the brothers of the diviners." He disapproved of the rhyming speech of the man's declaration.