Whenever the Prophet (saws) became free from burying the dead, he used to stay at him (i.e. his grave) and say: Seek forgiveness for your brother, and beg steadfastness for him, for he will be questioned now.

Abu Dawud said: The full name of the narrator Buhair is Buhair b. Raisan.

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

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

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

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, divorced his free wife twice, so he asked Uthman ibn Affan for an opinion, and he said, "She is haram for you."

Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth."

Malik said, "This is what is done among us."

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing, is that the child of the half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternal half- brother of the father, the maternal uncle, the great-grandmother who is the mother of the mother's father, the daughter of the full- brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship."

Malik said, "The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anything apart from those that are named in the Qur'an. Allah, the Blessed, the Exalted, mentioned in His Book the inheritance ofthe mother from her children, the inheritance of the daughters from their father, the inheritance of the wife from her husband, the inheritance of the full sisters, the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet, may Allah bless him and grant him peace, made about her. A woman inherits from a slave she frees herself because Allah, the Blessed, the Exalted, said in His Book, 'They are your brothers in the deen and your mawali.' "

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

This is how Sa'eed narrated it: "Kanz" while Abu 'Awanah said in his narration: "Kibr" and he did not mention "from Ma'dan" in it. But the narration of Sa'eed is more correct.

Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If a man gives his slave permission to marry, the divorce is in the hand of the slave, and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave."

The Prophet said, "Allah said, 'I will be an opponent to three types of people on the Day of Resurrection: -1. One who makes a covenant in My Name, but proves treacherous; -2. One who sells a free person and eats his price; and -3. One who employs a laborer and takes full work from him but does not pay him for his lab our.' "

Allah's Apostle said, "A woman was tortured and was put in Hell because of a cat which she had kept locked till it died of hunger." Allah's Apostle further said, (Allah knows better) Allah said (to the woman), 'You neither fed it nor watered when you locked it up, nor did you set it free to eat the vermin of the earth.' "

Yahya related to me from Malik from Hisham ibn 'Urwa from his father that al-Miswar ibn Makhrama told him that Subaya al-Aslamiya gave birth a few nights after the death of her husband. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "You are free to marry, so marry whomever you wish."

The Prophet (saws) said: None of you must say: "My slave" (abdi) and "My slave-woman" (amati), and a slave must not say: "My lord" (rabbi or rabbati). The master (of a slave) should say: "My young man" (fataya) and "My young woman" (fatati), and a slave should say "My master" (sayyidi) and "My mistress" (sayyidati), for you are all (Allah's slave and the Lord is Allah, Most High.

Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."

Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."

Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."

Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."

Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

Bahira is a she-camel whose milk is kept for the idols and nobody is allowed to milk it; Sa'iba was the she-camel which they used to set free for their gods and nothing was allowed to be carried on it. Abu Huraira said: Allah's Apostle said, "I saw `Amr bin 'Amir Al-Khuza`i (in a dream) dragging his intestines in the Fire, and he was the first person to establish the tradition of setting free the animals (for the sake of their deities)," Wasila is the she-camel which gives birth to a she-camel as its first delivery, and then gives birth to another she-camel as its second delivery. People (in the Pre-lslamic periods of ignorance) used to let that she camel loose for their idols if it gave birth to two she-camels successively without giving birth to a male camel in between. 'Ham' was the male camel which was used for copulation. When it had finished the number of copulations assigned for it, they would let it loose for their idols and excuse it from burdens so that nothing would be carried on it, and they called it the 'Hami.' Abu Huraira said, "I heard the Prophet saying so."

Ibn `Abbas said: Um Hufaid, Ibn `Abbas's aunt sent some dried yogurt (butter free), ghee (butter) and a mastigar to the Prophet as a gift. The Prophet ate the dried yogurt and butter but left the mastigar because he disliked it. Ibn `Abbas said, "The mastigar was eaten at the table of Allah's Apostle and if it had been illegal to eat, it could not have been eaten at the table of Allah's Apostle."

The Prophet said, "When nightfalls, then keep your children close to you, for the devil spread out then. An hour later you can let them free; and close the gates of your house (at night), and mention Allah's Name thereupon, and cover your utensils, and mention Allah's Name thereupon, (and if you don't have something to cover your utensil) you may put across it something (e.g. a piece of wood etc.).

Yahya related to me from Malik from Abdu Rabbih ibn Said from Muhammad ibn Ibrahim ibn al-Harith at-Taymi that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, asked Zayd ibn Thabit for an opinion. He said, "I have divorced my free wife twice." Zayd ibn Thabit said, "She is haram for you."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked whether, when a man married a slave of his to a slave-girl and the slave divorced her irrevocably, and then her master gave her to the slave, she was then halal for the slave by the possession of the right hand. They said, "No. She is not halal until she has married another husband."

Yahya related to me from Malik from Ata ibn Abdullah al-Khurasani that Said ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit own,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' "

Malik said that Ata said that he had asked Said ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sas.''

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.

Allah's Apostle said, "Do not sell fruits of dates until they become free from all the dangers of being spoilt or blighted; and do not sell fresh dates for dry dates." Narrated Salim and `Abdullah from Zaid bin Habit' "Later on Allah's Apostle permitted the selling of ripe fruits on trees for fresh dates or dried dates in Bai'-al-'Araya, and did not allow it for any other kind of sale."

I said to Tawus, "I wish you would give up Mukhabara (Sharecropping), for the people say that the Prophet forbade it." On that Tawus replied, "O `Amr! I give the land to sharecroppers and help them. No doubt; the most learned man, namely Ibn `Abbas told me that the Prophet had not forbidden it but said, 'It is more beneficial for one to give his land free to one's brother than to charge him a fixed rental."

Barirah went to Aisha, the mother of the faithful believers to seek her help in her emancipation Aisha said to her, "If your masters agree, I will pay them your price in a lump sum and manumit (free) you." Barirah mentioned that offer to her masters but they refused to sell her unless the Wala' was for them. `Aisha told Allah's Apostle about it. He said, "Buy and manumit her as the Wala' is for the liberator."

The Prophet said, "Allah will say to that person of the (Hell) Fire who will receive the least punishment, 'If you had everything on the earth, would you give it as a ransom to free yourself (i.e. save yourself from this Fire)?' He will say, 'Yes.' Then Allah will say, 'While you were in the backbone of Adam, I asked you much less than this, i.e. not to worship others besides Me, but you insisted on worshipping others besides me.' "

Yahya related to me from Malik from Yahya ibn Said and from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said, ''Umar ibn al-Khattab said, 'If a woman is divorced and has one or two periods and then stops menstruating, she must wait nine months. If it is clear that she is pregnant, that is that. If not, she must do an idda of three months after the nine, and then she is free to marry.' "

The Prophet (saws) said: (The narrator Musa said in another place: From Samurah ibn Jundub as presumed by Hammad): If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free. AbuDawud said: A similar tradition has also been transmitted by Samurah from the Prophet (saws) through a different chain.

Abu Dawud said: Only Hammad b. Salamah has transmitted this tradition and he had doubt in it.

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came to get him and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. Then he would not pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Anas.

[Abu 'Eisa said:] The Hadith of Jabir is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. There is no harm in a slave for two slaves in hand to hand exchange, but they differ when it is on credit.

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."

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 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.