A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (saws).

This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

Umar stood on the pulpit. He then mentioned the rest of the tradition to the same effect as mentioned before. He did not mention "that she should be killed". This version adds: "a male or a female slave". Umar then said: Allah is Most Great. Had I not heard it, we would have decided about it something else.

Abu Dawud said: 'Ata also transmitted it from Ibn 'Abbas in a similar way. He commanded to act upon this.

The Messenger of Allah (saws) forbade to make a vow. He said: It has not effect against fate, it is only from the miserly that it is means by which something is extracted.

Musaddad said: The Messenger of Allah (saws) said: A vow does not avert anything (i.e. has no effect against fate).

The Messenger of Allah (saws) was asked about lailat al-qadr and I was hearing: He said: It is during the whole of Ramadan.

Abu Dawud said: Sufyan and Shu'bah narrated this tradition from Abu Ishaq as a statement of Ibn 'Umar himself, they did not transmit it as a saying of the Prophet (saws)

Ibn 'Umar used to let out his land till it reached him that Rafi' b. Khadij al-Ansari narrated that the Messenger of Allah (saws) forbade let out land. So 'Abd Allah (b. 'Umar) said: Ibn Khadij, what do you narrate from the Messenger of Allah (saws) about leasing the land? Rafi' replied to 'Abd Allah b. 'Umar: I heard both of my uncles were present in the battle of Badr say, and they narrated it to the members of the family, that the Messenger of Allah (saws) forbade leasing land. 'Abd Allah said: I swear by Allah, I knew that land was leased in the time of the Messenger of Allah (saws). 'Abd Allah then feared that the Messenger of Allah (saws) might have created something new in that matter, so he gave up leasing land.

Abu Dawud said: This tradition has also been transmitted by Ayyub, 'Ubaid Allah, Kathir b. Farqad, Malik from Nafi' on the authority of Rafi' from the Prophet (saws). It has also been transmitted by al-Auzai' from Hafs b. 'Inan al-Hanafi from Nafi' from Rafi' who said: I heard the Messenger of Allah (saws) say: Similarly, it has been transmitted by Zaid b. Abi Unaisah from al-Hakkam from Nafi' from Ibn 'Umar that he went to Rafi' and asked: Have you heard the Messenger of Allah (saws) say? He replied: Yes. Similarly, it has also been transmitted by 'Ikrimah b. 'Ammar from Abu al-Najashi, from Rafi' b. Khadij who said: I heard the Prophet (saws) say. It has also been transmitted by al-Auza'i from Abu al-Najashi from Rafi' b. Khadij from his uncle Zuhair b. Rafi' from the Prophet (saws).

Abu Dawud said: The name of Abu al-Najashi is 'Ata b. Suhaib.

When we conquered Khaibar, we gained neither gold nor silver as booty, but we gained cows, camels, goods and gardens. Then we departed with Allah's Apostle to the valley of Al-Qira, and at that time Allah's Apostle had a slave called Mid`am who had been presented to him by one of Banu Ad-Dibbab. While the slave was dismounting the saddle of Allah's Apostle an arrow the thrower of which was unknown, came and hit him. The people said, "Congratulations to him for the martyrdom." Allah's Apostle said, "No, by Him in Whose Hand my soul is, the sheet (of cloth) which he had taken (illegally) on the day of Khaibar from the booty before the distribution of the booty, has become a flame of Fire burning him." On hearing that, a man brought one or two leather straps of shoes to the Prophet and said, "These are things I took (illegally)." On that Allah's Apostle said, "This is a strap, or these are two straps of Fire."

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

There was a man called Abu Shu'aib, and he had a slave who was a butcher. He said (to his slave), "Prepare a meal to which I may invite Allah's Apostle along with four other men." So he invited Allah's Apostle and four other men, but another man followed them whereupon the Prophet said, "You have invited me as one of five guests, but now another man has followed us. If you wish you can admit him, and if you wish you can refuse him." On that the host said, "But I admit him." Narrated Muhammad bin Isma`il: If guests are sitting at a dining table, they do not have the right to carry food from other tables to theirs, but they can pass on food from their own table to each other; otherwise they should leave it.

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Apostle! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

The Prophet said, "You will be gathered (on the Day of Judgment), bare-footed, naked and not circumcised." He then recited:--'As We began the first creation, We, shall repeat it: A Promise We have undertaken: Truly we shall do it.' (21.104) He added, "The first to be dressed on the Day of Resurrection, will be Abraham, and some of my companions will be taken towards the left side (i.e. to the (Hell) Fire), and I will say: 'My companions! My companions!' It will be said: 'They renegade from Islam after you left them.' Then I will say as the Pious slave of Allah (i.e. Jesus) said. 'And I was a witness Over them while I dwelt amongst them. When You took me up You were the Watcher over them, And You are a witness to all things. If You punish them. They are Your slaves And if You forgive them, Verily you, only You are the All-Mighty, the All-Wise." (5.120-121)

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

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

Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn Abd ar-Rahman heard his mother, Amra bint Abd ar-Rahman say, "A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale, but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah, may Allah bless him and grant him peace, and told him about it. The Messengerof Allah, may Allah bless him and grant him peace, said, 'By this oath, he has sworn not to do good.' The owner of the orchard heard about it and went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, the choice is his.' "

Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."

"The Prophet (saws) judged that the produce is produce is for the responsible one."

[He said:] This Hadith is Hasan Sahih, Gharib as a Hadith of Hisham bin 'Urwah (a narrator).

[Abu 'Eisa said:] Muslim bin Khalid Az-Zanji reported this Hadith from Hisham, from 'Urwah. Jarir reported it from Hisham as well. It is said that the narration of Jarir has Tadlis in in it, that Jarir committed the Tadlis, he did not hear it from Hisham bin 'Urwah.

As for the meaning of "the produce is for the responsible one," he is the man who purchased the slave then the slave produced for him, and he found some defect in him so he returned him to the seller. Then the produce (of his work) is the purchaser's. In cases similar to this, the produce is for the responsible one.

[Abu 'Eisa said:] Muhammad bin Isma'il called this Hadith Gharib, as a narration of 'Umar bin 'Ali (one of the narrators). I said: "Do you think that he committed Tadlis?" He said:"No".

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

Abu Dawud said: In a similar way of Ibn 'Uyainah also transmitted it from 'Ali b. Zaid, from al-Qasim b. Rab'iah, from Ibn 'Umar, from the Prophet (saws) ; and Ayyub al-Sukhtiyani transmitted it from al-Qasim b. Rabi'ah from 'Abd Allah b. 'Amr like the tradition of Khalid. Hammad b. Salamah also transmitted it from 'Ali b. Zaid, from Ya'qub al-Sadusi, on the authority of 'Abd Allah b. 'Amr from the Prophet (saws). The statements of Zaid and of Abu Musa are similar to the tradition of the Prophet (saws) and to the tradition of 'Umar (Allah be pleased with him.)

Yahya related to me that Abd ar-Rahman ibn Harmala al-Aslami said, "I saw Said ibn al-Musayyab with his nose bleeding and blood poured out of it so that his fingers were all red from the blood coming out of his nose, and he prayed without doing wudu."

Yahya related to me from Malik from Abd ar-Rahman ibn Harmala al- Aslami from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "What separates us from the hypocrites is being present at isha and subh. They cannot do it," or words to that effect.

Yahya related to me from Malik from Yahya ibn Said that a man used to lead the people in prayer in al-Aqiq (a place near Madina), and Umar ibn Abd al-Aziz sent a message to him forbidding him to do so.

Malik said, "He only forbade him because his father was not known."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr, that Abu Bakr ibn Abd ar-Rahman used to say, "Someone who goes to the mosque in the morning or the afternoon with no intention of going anywhere else, either to learn good or teach it, is like someone who does jihad in the way of Allah and returns with booty."

Yahya related to me from Malik from Abdullah ibn Umar from Sulayman ibn Yasar from Irak ibn Malik from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A muslim does not have to pay any zakat on his slave or his horse."

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim, from his father, that Umar ibn al-Khattab said, "People of Makka, why is it that people arrive dishevelled while you still have oil on your hair? Go into ihram when you see the new moon."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Muhammad ibn Ali ibn al-Husayn said, "Fatima, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, weighed the hair of Hasan and Husayn, and gave away in sadaqa the equivalent weight in silver."

From among the people, Ibn Um `Abd greatly resembled Allah's Apostles in solemn gate and good appearance of piety and in calmness and sobriety from the time he goes out of his house till he returns to it. But we do not know how he behaves with his family when he is alone with them.

'Umar consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.

The Prophet said, "If a slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does it again, scourge her again; if she repeats it, scourge her again." The narrator added that on the third or the fourth offense, the Prophet said, "Sell her even for a hair rope."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz decided in a case to make a reduction for crop damage.

Malik said, "That is what we do in the situation."

Malik added, "Crop damage is whatever causes loss of a third or more for the purchaser. Anything less is not counted as crop damage."

Malik related to me that he had heard that Fadala ibn Ubayd al- Ansari who was one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, was asked whether it was permissible for a man who had to free a slave to free an illegitimate child. He said, "Yes, That will give satisfaction for him."

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "It has not been a long time for me and I have not forgotten. A thief's hand is cut off for a quarter of a dinar and upwards."

Sulayman, the freed slave of Maymunah, said: I came to Ibn Umar at Bilat (a place in Medina) while the people were praying. I said: Do you not pray along with them? He said: I heard the Messenger of Allah (saws) say: Do not say a prayer twice in a day.

The Prophet (saws) said: There are three types of people whose prayer is not accepted by Allah: One who goes in front of people when they do not like him; a man who comes dibaran, which means that he comes to it too late; and a man who takes into slavery an emancipated male or female slave.

The Prophet (saws) said: When you make requests to Allah, do so with the palms of your hands, and not backs, upwards.

Abu Dawud said: The narrator Sulaiman b. 'Abd al-Hamid said: according to us Malik b. Yasar was a Companion of the Prophet (saws).

Nafi' said that a slave of Ibn Umar ran away to the enemy, and then the Muslims overpowered them. The Messenger of Allah (saws) returned him to Ibn Umar and that was not distributed (as a part of booty).

Abu Dawud said: The other narrators said: Khalid b. al-Walid returned him to him (Ibd 'Umar).

The Prophet (saws) said: Every important matter which is not begun by an expression of praise to Allah is maimed.

Abu Dawud said: It has also been transmitted by Yunus, 'Aqil, Shu'aib, Sa'id b. 'Abd al-Aziz from al-Zuhri from the Prophet (saws) in Mursal form (the link of the Companion is missing).

Abu Dawud said ‘Abd Al Razzaq narrated this tradition from Ma’mar attributing it to the Prophet(saws).