Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

Sharid's mother left a will to emancipate a believing slave on her behalf. So he came to the Prophet (saws) and said: Messenger of Allah, my mother left a will that I should emancipate a believing slave for her, and I have a black Nubian slave-girl. He mentioned a tradition about the test of the girl.

Abu Dawud said: Khalid b. 'Abd Allah narrated this tradition direct from the Prophet (saws). He did not mention the name of al-Sharid.

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

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 .' "

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

Malik related to me from Nafi that Abdullah ibn Umar made two of his slave-girls mudabbara, and he had intercourse with them while they were mudabbara.

We had some sheep which used to graze at Sala'. One of our slavegirls saw a sheep dying and she broke a stone and slaughtered the sheep with it. My father said to the people, "Don't eat it till I ask the Prophet about it (or till I send somebody to ask the Prophet)." So, he asked or sent somebody to ask the Prophet, and the Prophet permitted him to eat it. 'Ubaidullah (a sub-narrator) said, "I admire that girl, for though she was a slave-girl, she dared to slaughter the sheep . "

That during the Mina days, Abu Bakr came to her, while there where two girls with her, beating drums, and the Prophet was (lying) covering himself with his garment. Abu Bakr rebuked the two girls, but the Prophet uncovered his face and said, "O Abu Bakr! Leave them, for these are the days of Id (festival)." Those days were the days of Mina-. `Aisha added, "I was being screened by the Prophet while I was watching the Ethiopians playing in the Mosque. `Umar rebuked them, but the Prophet said, "Leave them, O Bani Arfida! Play. (for) you are safe."

Allah's Apostle said, "He who has a slave-girl and educates and treats her nicely and then manumits and marries her, will get a double reward."

Yahya related to me from Malik that he had heard that Abd ar- Rahman ibn Awf divorced his wife, and gave her compensation in the form of a slave-girl.

The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.

Ar-Rubai (the paternal aunt of Anas bin Malik) broke the incisor tooth of young Ansari girl. Her family demanded the Qisas and they came to the Prophet who passed the judgment of Qisas. Anas bin An-Nadr (the paternal uncle of Anas bin Malik) said, "O Allah's Apostle! By Allah, her tooth will not be broken." The Prophet said, "O Anas! (The law prescribed in) Allah's Book is Qisas." But the people (i.e. the relatives of the girl) gave up their claim and accepted a compensation. On that Allah's Apostle said, "Some of Allah's worshippers are such that if they take an oath, Allah will fulfill it for them."

that the Prophet saw in her house a girl whose face had a black spot. He said. "She is under the effect of an evil eye; so treat her with a Ruqya."

The Prophet was more shy (from Haya': pious shyness from committing religeous indiscretions) than a veiled virgin girl. (See Hadith No. 762, Vol. 4)

Some meat was presented to the Prophet (p.b.u.h) and it had been given to Barira (the freed slave-girl of Aisha) in charity. He said, "This meat is a thing of charity for Barira but it is a gift for us."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab gave his son a slave-girl and said, "Do not touch her, for I have uncovered her."

We used to take it away (i.e. silk) from boys, and leave it for girls. Mis'ar said: I asked Amr ibn Dinar about it, but he did not know it.

The Prophet (saws) said: He who sees something which should be kept hidden and conceals it will be like one who has brought to life a girl buried alive.

`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.

Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.

"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."

The Prophet (saws) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.

The Messenger of Allah (saws) said: Two sheep which resemble each other are to be sacrificed for a boy and one for a girl.

Abu Dawud said: This is a sound tradition, and the tradition narrated by Sufyan is misunderstanding.

that she intended to buy Barira (a slave girl) and her masters stipulated that they would have her Wala'. When `Aisha mentioned that to the Prophet ; he said, "Buy her, for the Wala' is for the one who manumits."

Malik said that if a slave-girl, who was the wife of a slave, was set free before he had consummated the marriage, and she chose herself, then she had no bride-price and it was a pronouncement of divorce. That was what was done among them.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The idda of a slave-girl when her husband dies is two months and five days."

"Allah's Apostle said to me, "Have you got married O Jabir?" I replied, "Yes." He asked "What, a virgin or a matron?" I replied, "Not a virgin but a matron." He said, "Why did you not marry a young girl who would have fondled with you?" I replied, "O Allah's Apostle! My father was martyred on the day of Uhud and left nine (orphan) daughters who are my nine sisters; so I disliked to have another young girl of their age, but (I sought) an (elderly) woman who could comb their hair and look after them." The Prophet said, "You have done the right thing."

That he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) (The sub-narrator then mentioned the Hadith.)

Musaykah, a slave-girl of some Ansari, came and said: My master forces me to commit fornication. Thereupon the following verse was revealed: "But force not your maids to prostitution (when they desire chastity)."

After the slanderers had given a forged statement against her, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration was delayed. He wanted to ask them and consult them about the question of divorcing me. Usama gave his evidence that was based on what he knew about my innocence, but `Ali said, "Allah has not put restrictions on you and there are many women other than her. Furthermore you may ask the slave girl who will tell you the truth." So the Prophet asked Barira (my salve girl), "Have you seen anything that may arouse your suspicion?" She replied, "I have not seen anything more than that she is a little girl who sleeps, leaving the dough of her family (unguarded) that the domestic goats come and eat it." Then the Prophet stood on the pulpit and said, "O Muslims! Who will help me against the man who has harmed me by slandering my wife? By Allah, I know nothing about my family except good." The narrator added: Then the Prophet mentioned the innocence of `Aisha. (See Hadith No. 274, Vol. 6)

(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.

Ar-Rabi, the daughter of An-Nadr broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to accept the Irsh (compensation for wounds etc.) and forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr asked, "O Allah"; Apostle! Will the tooth of Ar-Rabi` be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken." The Prophet said, "O Anas! Allah"; law ordains retaliation." Later the relatives of the girl agreed and forgave her. The Prophet said, "There are some of Allah's slaves who, if they take an oath by Allah, are responded to by Allah i.e. their oath is fulfilled). Anas added, "The people agreed and accepted the Irsh."

Allah's Apostle said, "A man bought a piece of land from another man, and the buyer found an earthenware jar filled with gold in the land. The buyer said to the seller. 'Take your gold, as I have bought only the land from you, but I have not bought the gold from you.' The (former) owner of the land said, "I have sold you the land with everything in it.' So both of them took their case before a man who asked, 'Do you have children?' One of them said, "I have a boy.' The other said, "I have a girl.' The man said, 'Marry the girl to the boy and spend the money on both of them and give the rest of it in charity.'"

Aisha wanted to buy a slave-girl in order to manumit her. The girl's masters stipulated that her Wala' would be for them. Allah's Apostle said (to `Aisha), "What they stipulate should not stop you, for the Wala' is for the liberator."

This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.

Yahya related to me from Malik that Abd arRahman ibn al-Mujabbir said that Salim ibn Abdullah gave his son a slave-girl and said, "Do not go near her, for I wanted her, and did not act towards her."

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

(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.

The Prophet stayed for three days between Khaibar and Medina, and there he consummated his marriage to Safiyya bint Huyai. I invited the Muslims to the wedding banquet in which neither meat nor bread was offered. He ordered for leather dining-sheets to be spread, and dates, dried yoghurt and butter were laid on it, and that was the Prophet's wedding banquet. The Muslims wondered, "Is she (Saffiyya) considered as his wife or his slave girl?" Then they said, "If he orders her to veil herself, she will be one of the mothers of the Believers; but if he does not order her to veil herself, she will be a slave girl. So when the Prophet proceeded from there, he spared her a space behind him (on his shecamel) and put a screening veil between her and the people.

The Prophet stayed for three days at a place between Khaibar and Medina, and there he consummated his marriage with Safiyya bint Huyay. I invited the Muslims to a banquet which included neither meat nor bread. The Prophet ordered for the leather dining sheets to be spread, and then dates, dried yogurt and butter were provided over it, and that was the Walima (banquet) of the Prophet. The Muslims asked whether Safiyya would be considered as his wife or as a slave girl of what his right hands possessed. Then they said, "If the Prophet screens her from the people, then she Is the Prophet's wife but if he does not screen her, then she is a slave girl." So when the Prophet proceeded, he made a place for her (on the camel) behind him and screened her from people.

I was in the house of `Aisha, the mother of the Believers. She said, "This revelation: "Nay, but the Hour is their appointed time (for their full recompense); and the Hour will be more previous and most bitter." (54.46) was revealed to Muhammad at Mecca while I was a playfull little girl."