Yahya related to me from Malik that Abdullah ibn Abi Habiba said, "I said to a man, when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.' A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand and you will say, 'I must walk to the house of Allah?' I said, 'Yes' and I said it, for at that time I was still immature. Then, when I came of age, some one said to me that I had to fulfill my vow. I went and asked Said ibn al- Musayyab about it, and he said to me, 'You must walk.' So I walked." Malik said, "That is the custom among us

Yahya related to me from Malik that Yahya ibn Said heard al-Qasim ibn Muhammad say, "A woman came to Abdullah ibn Abbas and said, 'I have vowed to sacrifice my son.' Ibn Abbas said, 'Do not sacrifice your son. Do kaffara for your oath.' An old man with Ibn Abbas said, 'What kaffara is there for this?' Ibn Abbas said, 'Allah the Exalted said, "Those of you who say, regarding their wives.'Be as my mother's back' (Sura58 ayat 2) and then He went on to oblige the kaffara for it as you have seen

Yahya related to me from Malik from Nafi that one time Abdullah ibn Umar wanted to sacrifice an animal at Madina. Nafi said, "He told me to buy him an excellent horned ram, then to sacrifice it on the Day of Sacrifice in the place where the people prayed." Nafi continued, "I did so and when the ram was sacrificed, it was carried to Abdullah ibn Umar who shaved his head. He was ill, and did not attend the Id with the people." Nafi added, "Abdullah ibn Umar used to say, 'Shaving the head is not obligatory for someone who sacrifices an animal.' Ibn Umar would do so however

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man from the Ansar of the tribe of Banu Haritha was herding a pregnant she-camel at Uhud. It was about to die, so he slaughtered it with a sharp stake. The Messenger of Allah was asked about that, and he said, "There is no harm in it, eat it

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

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share." Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third." Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather. "It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father said about the word of Allah, the Blessed, the Exalted, "There is no fault in you about the proposal you offer to women, or hide in yourselves. Allah knows that you will be mindful of them; but do not make troth with them secretly without honourable words," (Sura 2 ayat 235) that it referred to a man saying to a woman while she was still in her idda after the death of her husband, "You are dear to me, and I desire you, and Allah brings provision and blessing to you," and words such as these

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from al-Qasim ibn Muhammad that A'isha umm al-muminin, said, "There were three sunnas established in connection with Barira:firstly was that when she was set free she was given her choice about her husband, secondly, the Messenger of Allah, may Allah bless him and grant him peace, said about her, 'The right of inheritance belongs to the person who has set a person free,' thirdly, the Messenger of Allah, may Allah bless him and grant him peace, came in and there was a pot with meat on the boil. Bread and condiments were brought to him from the stock of the house. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Didn't I see a pot with meat in it?' They said, 'Yes, Messenger of Allah. That is meat which was given as sadaqa for Barira, and you do not eat sadaqa.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is sadaqa for her, and it is a gift for us

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that. Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband

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 from Ibn Shihab from Urwa ibn az- Zubayr that A'isha umm al-muminin told him that Aflah, the brother of Abu'l-Quays came and asked permission to visit her after the veil had been lowered, and he was her paternal uncle by suckling. She said, "I refusedto give him permission to enter. When the Messenger of Allah, may Allah bless him and grant him peace, came, I told him about what I had done, and he ordered me to give him permission to enter

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability." Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves

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

Malik related to me from Ibn Shihab that he asked Salim ibn 'Abdullah ibn Umar about renting out fields. He said, "There is no harm in it for gold or silver." Ibn Shihab said, "I said to him, 'What do you think of the hadith which is mentioned from Rafi ibn Khadij?'" He said, ''Rafi has exaggerated. If I had a field, I would rent it out

Malik related to me that he heard the like of that from Sulayman ibn Yasar. Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars." Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense." Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession." Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off." Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father. Malik said, "This is what is done in our community." Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it." Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing." Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it." Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it. In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that." Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains. In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father from Abdullah ibn Amr ibn Uthman from Abu Amra al-Ansari from Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I not tell you who is the best of witnesses? The one who brings his testimony before he is asked for it, or tells his testimony before he is asked for it

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest." Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams." Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest

Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthman's amirate freed all of his slaves and did not have other property than them. Aban ibn Uthman took charge of the slaves and they were divided into three groups. Then he drew lots on the basis that which ever group drew the dead man's arrow would be free. The arrow fell to one of the thirds, and that third was freed

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If people knew what was in the adhan and the first row of the prayer and could only draw lots for it, they would draw lots. And if they knew what was in doing dhuhr early, they would race each other to it. And if they knew what was in isha and subh, they would go to them even if they had to crawl

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master." Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10) Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount." Malik said, "This is what I have heard from the people of knowledge and what I see people doing here." Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams." Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba." Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property." Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance. Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him. Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba. Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in 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 said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state." Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money. Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free." Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ." He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. " Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him." Malik said, "His wala' belongs to his master who made him a mudabbar." Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good." Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar." Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free." Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master." Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10) Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master." Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave. Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from the Aslam tribe called Hazzal, 'Hazzal, had you veiled him with your cloak, it would have been better for you.' " Yahya ibn Said said, "I related this hadith in an assembly among whom was Yazid ibn Nuaym ibn Hazzal al-Aslami. Yazid said, 'Hazzal was my grandfather. This hadith is true

Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft." Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off

Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd of the slave for wine. He said, "I heard that he has half the hadd of a freeman for drinking wine. Umar ibn al-Khattab, Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half of the hadd of a freeman when they drank wine

Yahya related to me from Malik that Ibn Shihab said, "The full blood-money for murder when it is accepted is twenty-five yearlings, twenty-five two-year-olds, twenty-five four-year-olds, and twenty-five five-year-olds

Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa ibn Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said to him, "At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you." When Umar ibn al-Khattab came to him, he took thirty four-year-old camels, thirty five-year-old camels, and forty pregnant camels from them. Then he said, "Where is the brother of the slain man?" He said, "Here." He said, "Take them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'The killer gets nothing

Yahya related to me from Malik from Qatan ibn Wahb ibn Umayr ibn al-Ajda that Yuhannas, the mawla of az-Zubayr ibn al-Awwam informed him that he was sitting with Abdullah ibn Umar during the troubles (at the time of al-Hajaj ibn Yusuf) . A female mawla of his came and greeted him. She said, "I want to leave, Abu Abd ar-Rahman. The time is harsh for us." Abdullah ibn Umar said to her, "Sit down, O you with little knowledge, for I have heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one will be patient in hunger and hardship in it (Madina) except that I will be a witness or intercede for him on the Day of Rising

Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah and the Sunna of His Prophet

Yahya related to me from Malik from Ibn Shihab from Ali ibn Husayn ibn Ali ibn Abi Talib that the Messenger of Allah, may Allah bless him and grant him peace, said, "Part of the excellence of a man's Islam is that he leaves what does not concern him

Yahya related to me from Malik from Ayyub ibn Abi Tamim that Ibn Sirin said, ''Umar ibn al-Khattab said, 'Allah has been generous to you, so be generous to yourselves. Let a man wear a combination of his garments

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that Abu Hurayra said, "There are five things from the fitra:cutting the nails, trimming the moustache, removing the hair from the armpit, shaving the pubic region and circumcision

Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Jubayr ibn Mutim that his father said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, recite at-Tur (Sura 52) in the maghrib prayer

Yahya related to me from Malik that Humayd ibn Qays al-Makki said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, with the two sons of Jafar ibn Abi Talib. He said to their nursemaid, 'Why do I see them so thin?' Their nursemaid said, 'Messenger of Allah, the evil eye goes quickly to them. Nothing stops us from asking someone to make incantations (using ayats of Qur'an) for them, except that we do not know what of that would agree with you.' The Messenger of ,Allah, may Allah bless him and grant him peace, said, 'Make incantations for them. Had anything been able to precede the decree, the evil eye would precede it

Yahya related to me from Malik that Ziyad ibn Sad heard Ibn Shihab say, "The Messenger of Allah, may Allah bless him and grant him peace, let his hair hang down his forehead as Allah willed, and afterwards he parted it." Malik said, "There is no harm in a man's looking at the hair of his son's wife or the hair of his wife's mother

Yahya related to me from Malik from Yahya ibn Said that Abu Salama ibn Abd ar-Rahman said, "I heard Abu Qatada ibn Ribiyy say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The good dream is from Allah, and the bad dream is from shaytan. When you see what you dislike, spit to your left side three times when you wake up, and seek refuge with Allah from its evil. It will not harm you then, Allah willing.' " Abu Salama said, "I would see dreams which weighed on me more heavily than a mountain. When I heard this hadith, I was not concerned about it

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a jew greets you, and says 'Death to you' (as-samu alaykum) say, 'And to you.' " Yahya said, "Malik was asked whether a person who greeted a jew or christian, should apologise for it. He said, 'No

Malik related to me from Rabia ibn Abi Abd ar-Rahman from another of the ulama of that time that Abu Musa al-Ashari came and asked permission from Umar ibn al-Khattab to enter. He asked permission three times, and then went away Umar ibn al-Khattab sent after him and said, "What's wrong with you? Why didn't you come in?" Abu Musa said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission to enter three times. If you are given permission, then enter. If not, go away.' ''Umar said, "Who can confirm this? If you do not bring me someone to confirm it, I will do such-and-such to you." Abu Musa went out until he came to an assembly in the mosque which was called the Majlis-al-Ansar. He said, "I told Umar ibn al-Khattab that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission three times. If you are given permission, then enter. If not, go away.' Umar said, 'If you do not bring me someone who can confirm it, I will do such- and-such to you'. If any of you have heard that, let him come with me.' " They said to Abu Said al-Khudri, "Go with him". Abu Said was the youngest of them. He went with him and told Umar ibn al-Khattab about that." Umar ibn al-Khattab said to Abu Musa, "I did not suspect you, but I feared lest people forge sayings of the Messenger of Allah, may Allah bless him and grant him peace

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar wrote to Abd al-Malik ibn Marwan, making an oath of allegiance. He wrote, "In the name of Allah, the Merciful, the Compassionate. To the slave of Allah, Abd al-Malik, the amir al-muminin, Peace be upon you. I praise Allah to you. There is no god but Him. I acknowledge your right to my hearing and my obedience according to the sunna of Allah and the sunna of His Prophet, in what I am able

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Let none of you complain about time, for Allah is time

Malik related to me from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give to a beggar even if he comes on a horse

Yahya related to me from Malik that he had heard that a man questioned al-Qasim ibn Muhammad saying, "My imagination works in the prayer, and it happens to me a lot." Al-Qasim ibn Muhammad said, "Go on with your prayer, for it will not go away from you until you go away saying, 'I have not completed my prayer

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, "One of the companions of the Messenger of Allah, may Allah bless him and grant him peace, came into the mosque on the day of jumua and Umar ibn al Khattab was already giving the khutba. Umar said, 'What (kind of) time is this (to arrive)?' He said, Amir al- muminin, I returned from the market and heard the call to prayer, so I did no more than do wudu.' Umar said, 'You only did wudu as well? You know that the Messenger of Allah, may Allah bless him and grant him peace, used to tell people to do ghusl

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that Abd ar-Rahman ibn Abd al-Qari said, "I went out with Umar ibn alKhattab in Ramadan to the mosque and the people there were spread out in groups. Some men were praying by themselves, whilst others were praying in small groups. Umar said, 'By Allah! It would be better in my opinion if these people gathered behind one reciter.' So he gathered them behind Ubayy ibn Kab. Then I went out with him another night and the people were praying behind their Qur'an reciter. Umar said, 'How excellent this new way is, but what you miss while you are asleep is better than what you watch in prayer.' He meant the end of the night, and people used to watch the beginning of the night in prayer

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "If you are drowsy in prayer, sleep until sleep leaves you, because if you pray while you are drowsy, you do not know whether you may intend to ask for forgiveness but (in fact) ask for harm

Yahya related to me from Malik from Abu'zZinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By Him in whose hand myself is! I had in mind to order firewood to be collected, then to order the prayer to be called, and to appoint a man to lead the people in prayer, and then to come up behind certain men and burn their houses down about them! By Him in whose hand myself is! If one of them knew that he would find a meaty bone or two good legs of meat, he would be present at isha

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about the time of the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, did not answer him, but in the morning he prayed subh at first light. The following morning he prayed subh when it was much lighter, and then said, 'Where is the man who was asking about the time of the prayer?' The man replied, 'Here I am, Messenger of Allah.' He said,'The time is between these two

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, used to join maghrib and isha together when it was urgent to travel

Yahya related to me from Ibn Shihab from Abu Idris al-Khawlani from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The person doing wudu should snuff water up his nose and blow it out again

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, used to pray on the day of Fitr and the day of Adha before the khutba

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked about the fear prayer said, "The imam and a group of people go forward and the imam prays a raka with them, while another group, who have not yet prayed, position themselves between him and the enemy. When those who are with him have prayed a raka they draw back to where those who have not prayed are, and do not say the taslim. Then those who have not prayed come forward and pray a raka with him. Then the imam leaves, as he has now prayed two rakas. Everyone else in the two groups stands and prays a raka by himself after the imam has left. In this way each of the two groups will have prayed two rakas. If the fear is greater than that, then the men pray standing on their feet or mounted, either facing the qibla or otherwise

Yahya related to me from Malik from Yahya ibn Said from 'Amra bint Abd ar-Rahman from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a jewish woman came to beg from her and said, "May Allah give you refuge from the punishment of the grave." So A'isha asked the Messenger of Allah, may Allah bless him and grant him peace, "Are people punished in their graves?", and the Messenger of Allah, may Allah bless him and grant him peace, took refuge in Allah from that. Then one morning the Messenger of Allah, may Allah bless him and grant him peace, went out on a journey and there was an eclipse of the sun, and he returned in the late morning and passed through his apartments. Then he stood and prayed, and the people stood behind him. He stood for a long time, and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time, and then went into ruku for a long time, though less than the first time. Then he rose, and went down into sajda. Then he stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose and stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose, and went down into sajda. When he had finished he said what Allah willed him to say, and then he told them to seek protection for themselves from the punishment of the grave

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next." Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' " Anas added, "It cleared away from Madina like a garment being removed." Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from his paternal uncle, Wasi ibn Habban, that Abdullah ibn Umar said, "People say, 'When you sit to relieve yourself, do not face the qibla or the Bayt al-Maqdis.' " Abdullah continued, "I went upon top of a house of ours and saw the Messenger of Allah, may Allah bless him and grant him peace, (squatting) on two unfired bricks facing the Bayt al-Maqdis, relieving himself." Ibn Umar added, "Perhaps you are one of those who pray folded on their haunches." Wasi replied, "I don't know, by Allah

Yahya related to me from Malik from Dawud ibn al-Husayn from al- Araj from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al Khattab said, "Whoever misses reading his hizb at night and reads it from when the sun has passed the meridian until the dhuhr prayer has not missed it, or it is as if he has caught it

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governor in Damascus about zakat saying, "Zakat is paid on the produce of ploughed land, on gold and silver, and on livestock." Malik said, "Zakat is only paid on three things:the produce of ploughed land, gold and silver, and livestock

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, once mentioned Ramadan and said, "Do not start the fast or break it until you see the new moon. If the new moon is obscured from you, then complete a full thirty days

Yahya related to me from Malik from Abu'z Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fasting is a protection for you, so when you are fasting, do not behave obscenely or foolishly, and if any one argues with you or abuses you, say, 'I am fasting. I am fasting

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that." Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind." Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held." Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque. Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret." Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter." Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is." Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad

Yahya related to me from Malik from Nafi' that 'Abdullah ibn Umar used to do ghusl for ihram before he entered ihram, and for entering Makka, and for standing on the afternoon of 'Arafa

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from his father from Amra bint Abd ar-Rahman that A'isha umm al- muminin said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, Safiyya bint Huyy has begun her period," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us. Has she done tawaf of the House with you?" They said, "Of course." He said, "So you are free to leave

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say that the area between the corner of the Black Stone and the door of the Kaba was called al-Multazam

Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, a protection for another, a burden for another. The one who has them as a reward is the one who dedicates them for use in the way of Allah, and tethers them in a meadow or grassland. Whatever the horse enjoys of the grassland or meadow in the length of its tether are good deeds for him. If it breaks its tether and goes over a hillock or two, its tracks and droppings are good deeds for him. If it crosses a river and drinks from it while he did not mean to allow it to drink it, that counts as good deeds for him, and the horse is a reward for him. Another man uses his horse to gain self reliance and up- standingness and does not forget Allah's right on their necks and backs (i.e. he does not ill treat or over-work them). Horses are a protection for him . Another man uses them out of pride to show them off and in hostility to the people of Islam. They are a burden on that man." The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys, and he said, "Nothing has been revealed to me about them except this single all- inclusive ayat, 'Whoever does an atom of good will see it, and whoever does an atom of evil, will see it.' " (Sura 99 Ayats)