Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abu Salama that she saw Zaynab bint Jahsh, the wife of Abd ar-Rahman ibn Awf, and she used to bleed as if menstruating. She would do ghusl and pray.

that Allah's Apostle was asked about an unmarried slave-girl who committed illegal sexual intercourse. They heard him saying, "Flog her, and if she commits illegal sexual intercourse after that, flog her again, and on the third (or the fourth) offense, sell her."

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?"

Once a slave of Ibn `Umar fled and joined the Byzantine. Khalid bin Al-Walid got him back and returned him to `Abdullah (bin `Umar). Once a horse of Ibn `Umar also ran away and followed the Byzantines, and he (i.e. Khalid) got it back and returned it to `Abdullah.

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace ,said, "There is a tax of a fifth on buried treasure."

The Prophet (saws) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him.

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

The Prophet said, "You will be gathered (on the Day of Resurrection) and some people will be driven (by the angels) to the left side (and taken to Hell) whereupon I will say as the pious slave (Jesus) said:- - "And I was a witness over them while I dwelt amongst them...the ALMIGHTY, the All Wise." (5.117-118)

Allah's Apostle was praying and he was carrying Umama the daughters of Zainab, the daughter of Allah's Apostle and she was the daughter of 'As bin Rabi`a bin `Abd Shams. When he prostrated, he put her down and when he stood, he carried her (on his neck).

The Prophet said, "My Lord says, 'If My slave comes nearer to me for a span, I go nearer to him for a cubit; and if he comes nearer to Me for a cubit, I go nearer to him for the span of outstretched arms; and if he comes to Me walking, I go to him running.' "

Yahya related to me from Malik, from Yahya ibn Said, that Umar ibn Abd alAziz was once going from Mina (to Arafa) on the day of Arafa and heard the takbir being said loudly, so he sent the guard to shout out to the people, "O people, you should be saying the talbiya."

A slave girl belonging to Ka`b used to graze some sheep at Sl'a (mountain). Once one of her sheep was dying. She reached it (before it died) and slaughtered it with a stone. The Prophet was asked, and he said, "Eat it."

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 related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that Abu Bakr as-Siddiq visited A'isha while she had a [health] complaint and a jewish woman was making incantation (ruqya) for her. Abu Bakr said, "Do it (incantation) with the Book of Allah."

When the last ten days of Ramadan came, the Prophet (saws) kept vigil and prayed during the whole night, and tied the wrapper tightly, and awakened his family (to pray during the night).

Abu Dawud said: The name of Abu Ya'fur is 'Abd al-Rahman b. 'Ubaid b. Nistas.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Dhakwan Abu Amr (a slave belonging to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, who was freed by her after her death) used to stand in prayer and recite for her in Ramadan.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, made the zakat of breaking the fast at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female, and stipulated it as a sa' of dates or a sa' of barley.

Allah's Apostle was on a journey and he had a black slave called Anjasha, and he was driving the camels (very fast, and there were women riding on those camels). Allah's Apostle said, "Waihaka (May Allah be merciful to you), O Anjasha! Drive slowly (the camels) with the glass vessels (women)!"

(the freed slave of Ibn `Abbas) Ibn `Abbas told me, "In the lifetime of the Prophet it was the custom to celebrate Allah's praises aloud after the compulsory congregational prayers." Ibn `Abbas further said, "When I heard the Dhikr, I would learn that the compulsory congregational prayer had ended."

Allah's Apostle enjoined the payment of one Sa' of dates or one Sa' of barley as Zakat-ul-Fitr on every Muslim slave or free, male or female, young or old, and he ordered that it be paid before the people went out to offer the `Id prayer. (One Sa' = 3 Kilograms approx.)

When the Prophet returned (from Jihad), he would say Takbir thrice and add, "We are returning, if Allah wishes, with repentance and worshipping and praising (our Lord) and prostrating ourselves before our Lord. Allah fulfilled His Promise and helped His Slave, and He Alone defeated the (infidel) clans."

Malik related to me from Abd ar-Rahman ibn Harmala from Amr ibn Shuayb from his father from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "One rider is a shaytan. Two riders are two shaytans, and three are a riding-party."

I heard the Messenger of Allah (saws) say: "Whoever shoots an arrow in the cause of Allah, then he has the reward of freeing a slave."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Abu Najih is 'Amr bin 'Abasah As-Sulami, and 'Abdullah bin Al-Azraq is 'Abdullah bin Zaid.