A man decided that a slave of his would be manumitted after his death and later on he was in need of money, so the Prophet took the slave and said, "Who will buy this slave from me?" Nu'aim bin `Abdullah bought him for such and such price and the Prophet gave him the slave.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."

Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."

Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

The Prophet said, "Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price."

A man amongst us declared that his slave would be freed after his death. The Prophet called for that slave and sold him. The slave died the same year.

A man manumitted a slave and he had no other property than that, so the Prophet canceled the manumission (and sold the slave for him). Nu'aim bin Al-Nahham bought the slave from him.

Yahya related to me from Malik from Ibn Shihab from Amr ibn ash- Sharid that Abdullah ibn Abbas was asked whether, if a man had two wives, and one of them nursed a slave-boy, and the other had nursed a slave-girl, could the slave-boy marry the slave-girl. He said, "No. The husband is the same."

One day while the Prophet was sitting in the company of some people, (The angel) Gabriel came and asked, "What is faith?" Allah's Apostle replied, 'Faith is to believe in Allah, His angels, (the) meeting with Him, His Apostles, and to believe in Resurrection." Then he further asked, "What is Islam?" Allah's Apostle replied, "To worship Allah Alone and none else, to offer prayers perfectly to pay the compulsory charity (Zakat) and to observe fasts during the month of Ramadan." Then he further asked, "What is Ihsan (perfection)?" Allah's Apostle replied, "To worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is looking at you." Then he further asked, "When will the Hour be established?" Allah's Apostle replied, "The answerer has no better knowledge than the questioner. But I will inform you about its portents.

1. When a slave (lady) gives birth to her master.

2. When the shepherds of black camels start boasting and competing with others in the construction of higher buildings. And the Hour is one of five things which nobody knows except Allah.

The Prophet then recited: "Verily, with Allah (Alone) is the knowledge of the Hour--." (31. 34) Then that man (Gabriel) left and the Prophet asked his companions to call him back, but they could not see him. Then the Prophet said, "That was Gabriel who came to teach the people their religion." Abu 'Abdullah said: He (the Prophet) considered all that as a part of faith.

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, "This is the best of what I have heard on the matter.''

That he used to give his verdict regarding the male or female slaves owned by more than one master, one of whom may manumit his share of the slave. Ibn `Umar used to say in such a case, "The manumitted should manumit the slave completely if he has sufficient money to pay the rest of the price of that slave (which is to be justly estimated) and the other shareholders are to take the price of their shares and the slave is freed (released from slavery)." Ibn `Umar narrated this verdict from the Prophet.

A bedouin came to Allah's Apostle and said, "My wife has delivered a black child." The Prophet said to him, "Have you camels?" He replied, "Yes." The Prophet said, "What color are they?" He replied, "They are red." The Prophet further asked, "Are any of them gray in color?" He replied, "Yes." The Prophet asked him, "Whence did that grayness come?" He said, "I thing it descended from the camel's ancestors." Then the Prophet said (to him), "Therefore, this child of yours has most probably inherited the color from his ancestors."

Once the meal of `Abdur-Rahman bin `Auf was brought in front of him, and he said, "Mus`ab bin `Umair was martyred and he was better than I, and he had nothing except his Burd (a black square narrow dress) to be shrouded in. Hamza or another person was martyred and he was also better than I and he had nothing to be shrouded in except his Burd. No doubt, I fear that the rewards of my deeds might have been given early in this world." Then he started weeping.

A man from the Ansar made his slave, a Mudabbar. And apart from that slave he did not have any other property. This news reached Allah's Apostle and he said, "Who will buy that slave from me?" So Nu'aim bin An-Nahham bought him for 800 Dirham. Jabir added: It was a coptic (Egyptian) slave who died that year.

In other versions of the above tradition, the wordings are" an Abyssinian slave." and" a maimed Abyssinian slave".

Allah's Apostle said, "Whoever manumits his share of a slave, then it is essential for him to get that slave manumitted' completely as long as he has the money to do so. If he has not sufficient money to pay the price of the other shares (after the price of the slave is evaluated justly), the manumitted manumits the slave partially in proportion to his share.

`Ubaidullah narrated as above in brief.

I heard Abu-l-Qasim (the Prophet) saying, "If somebody slanders his slave and the slave is free from what he says, he will be flogged on the Day of Resurrection unless the slave is really as he has described him."

The Prophet came to know that one of his companions had given the promise of freeing his slave after his death, but as he had no other property than that slave, the Prophet sold that slave for 800 dirhams and sent the price to him.

A man pledged that his slave would be manumitted after his death. The Prophet asked, "Who will buy the slave from me?" Nu'aim bin `Abdullah bought the slave and the Prophet took its price and gave it to the owner.

Yahya related to me that Malik said, "A man does not have to pay zakat for the slaves of his slaves, or for some one employed by him, or for his wife's slaves, except for anyone who serves him and whose services are indispensable to him, in which case he must pay zakat. He does not have to pay zakat for any of his slaves that are kafir and have not become muslim, whether they be for trade or otherwise."

Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of 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 commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it."

When Abu Huraira accompanied by his slave came intending to embrace Islam, they lost each other on the way. (When the slave showed up) Abu Huraira said (to the Prophet), "I make you witness that the slave is free for Allah's Cause."

From Malik from Abu'z-Zinad that Umar ibn Abd al-Aziz wrote to Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa, "Pronounce judgement on the basis of an oath with one witness."

Malik related to me that he heard that Umar ibn al-Khattab saw a female slave belonging to Abdullah ibn Umar ibn al-Khattab. She was dressed like free (non-slave) women. He went to his daughter Hafsa and said, "Didn't I see your brother's slave-girl dressed like a free (non-slave) woman walking among the people and causing trouble?" Umar disapproved of that.

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.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Nafi, the mawla of Abdullah ibn Umar said, "You cannot do itikaf unless you are fasting, because of what Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, then complete the fast until night-time, and do not have intercourse with them while you are doing itikaf in mosques,' (Sura 2 ayat 187). Allah only mentions itikaf together with fasting."

Malik said, "That is what we go by here."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab said to the corner of the Black Stone while he was doing tawaf of the House, "You are only a stone, and if I had not seen the Messenger of Allah, may Allah bless him and grant him peace, kiss you, I would not do so." Then he kissed it.

Malik said, "I have heard some of the people of knowledge recommending someone doing tawaf of the House to put his hand to his mouth when he takes it from the Yamani corner."

"`Umar bin Al-Khattab addressed the Corner (Black Stone) saying, 'By Allah! I know that you are a stone and can neither benefit nor harm. Had I not seen the Prophet touching (and kissing) you, I would never have touched (and kissed) you.' Then he kissed it and said, 'There is no reason for us to do Ramal (in Tawaf) except that we wanted to show off before the pagans, and now Allah has destroyed them.' `Umar added, '(Nevertheless), the Prophet did that and we do not want to leave it (i.e. Ramal).'

Yahya said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave Hafsa bint Abd arRahman in marriage to al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When Abd ar-Rahman arrived, he said, "Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir said, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "I won't oppose something that you have already completed." Hafsa was confirmed with al-Mundhir, and there was no divorce.

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.

Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values."

A man died leaving no heir but a slave whom he had emancipated. The Messenger of Allah (saws) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Messenger of Allah (saws) assigned his estate to him (the emancipated slave).

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that.

Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

Malik related to me from Amr ibn Yahya al-Mazini that his father said, "There was a stream in my grand-father's garden belonging to Abd ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a corner of the garden nearer to his land, and the owner of the garden prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he should transfer it."

The Prophet said, "Whoever manumits his share of a jointly possessed slave, it is essential for him to manumit the slave completely if he has sufficient money. Otherwise he should look for some work for the slave (to earn what would enable him to emancipate himself), without overburdening him with work."

`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.")

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

Malik said, "It is not halal to marry a christian or jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)

Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to christian and jewish slave-girls from the People of the Book."

Malik said, "The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."

The Prophet was given some clothes including a black Khamisa. The Prophet said, "To whom shall we give this to wear?" The people kept silent whereupon the Prophet said, "Fetch Um Khalid for me." I (Um Khalid) was brought carried (as I was small girl at that time). The Prophet took the Khamisa in his hands and made me wear it and said, "May you live so long that your dress will wear out and you will mend it many times." On the Khamisa there were some green or pale designs (The Prophet saw these designs) and said, "O Um Khalid! This is Sanah." (Sanah in a Ethiopian word meaning beautiful).

The Prophet offered four rak`at of Zuhr prayer at Medina; and two rak`at of `Asr prayer at Dhil- Hulaifa and spent the night there and when (the day) dawned, he mounted his Mount and started saying, "None has the right to be worshipped but Allah, and Glorified be Allah." When he reached Al- Baida' he recited Talbiya for both Hajj and `Umra. And when he arrived at Mecca, he ordered them (his companions) to finish their Ihram. The Prophet slaughtered seven Budn (camel) with his own hands while the camels were standing He also sacrificed two horned rams (black and white in color) at Medina.

"that a man from [Banu] Fazarah came to the Prophet (saws) and said: 'O Messenger of Allah (saws)! My wife gave birth to black boy." So the Prophet (s.a.w) said: "[Do you have any camels?]" He said: 'Yes." He said: "Then what are their colors?" He said: "Red." He said: "Is there a gray one among them?" He said: "Yes, there is a grey one among them." He said: "From where does that come?" He said: "Perhaps it is hereditary." He said: "Then in the same way, perhaps it is his heredity."

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

the freed salve of Muhammad bin Al-Qasim said: "Muhammad bin Al-Qasim sent me to Al-Bara' bin 'Azib to ask him about the flag of the Messenger of Allah (saws). He said: 'It was a black square of Namirah.'"

[Abu 'Eisa said:] There are narrations on this topic from 'Ali, Al-Harith bin Hassan, and Ibn 'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we don know know of it except from the report of Ibn Abi Za'idah. And Abu Ya'qub Ath-Thaqafi's name is Ishaq bin Ibrahim. 'Ubaidullah bin Musa also reports from him.

This hadith has been narrated by Amr al-Naqid, Yazid b. Harun, 'Abd b. Humaid, Abd al-Razzaq, Thauri, Ayyub b. Musa, with the same chain of transmitters. In hadith narrated by Abd al-Razzaq there is a mention of the menstruation and of the sexual intercourse. The rest of the hadith has been transmitted like that of Ibn 'Uyaina.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When the slave divorces his wife twice, she is haram for him until she has married another husband, whether she is free or a slave. The idda of a free woman is three menstrual periods, and the idda of a slave-girl is two periods.

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

When I came to the Prophet said on my way, "O what a long tedious tiresome night; nevertheless, it has rescued me from the place of Heathenism." A slave of mine ran away on the way. When I reached the Prophet I gave him the oath of allegiance (for Islam), and while I was sitting with him, suddenly the slave appeared. The Prophet said to me. "O Abu Huraira! Here is your slave," I said, "He (i.e. the slave) is (free) for Allah's Sake," and manumitted him.

the freed slave of Ibn `Abbas, that Maimuna bint Al-Harith told him that she manumitted a slave-girl without taking the permission of the Prophet. On the day when it was her turn to be with the Prophet, she said, "Do you know, O Allah's Apostle, that I have manumitted my slave-girl?" He said, "Have you really?" She replied in the affirmative. He said, "You would have got more reward if you had given her (i.e. the slave-girl) to one of your maternal uncles."

Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered .' "

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

The Prophet said, "Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)".

Yahya related to me from Malik from Nafi that Sulayman ibn Yasar told him that one time the fodder of the animals of Abd ar-Rahman ibn al-Aswad ibn Abd Yaghuth was finished so he said to his slave, "Take some of your family's wheat as food and buy with it barley, and take only a like quantity.' "