Malik said, "When a mukatab sets his own slaves free, it is only
permitted for a mukatab to set his own slaves free with the consent of
his master. If his master gives his consent and the mukatab sets his
slave free, his wala' goes to the mukatab . If the mukatab then dies
before he has been set free himself, the wala' of the freed slave goes
to the master of the mukatab. If the freed one dies before the mukatab
has been set free, the master of the mukatab inherits from him."
Malik said, "It is like that also when a mukatab gives his slave a
kitaba and his mukatab is set free before he is himself. The wala'
goes to the master of the mukatab as long as he is not free. If this
one who wrote the kitaba is set free, then the wala' of his mukatab
who was freed before him reverts to him. If the first mukatab dies
before he pays, or he cannot pay his kitaba and he has free children,
they do not inherit the wala' of their father's mukatab because the
wala' has not been established for their father and he does not have
the wala' until he is free."
Malik spoke about a mukatab who
was shared between two men and one of them forewent what the mukatab
owed him and the other insisted on his due. Then the mukatab died and
left property.
Malik said, "The one who did not abandon any
of what he was owed, is paid in full. Then the property is divided
between them both just as if a slave had died because what the first
one did was not setting him free. He only abandoned a debt that was
owed to him ."
Malik said, "One clarification of that is that
when a man dies and leaves a mukatab and he also leaves male and
female children and one of the children frees his portion of the
mukatab, that does not establish any of the wala' for him. Had it been
a true setting free, the wala' would have been established for
whichever men and women freed him."
Malik said, "Another
clarification of that is that if one of them freed his portion and
then the mukatab could not pay, the value of what was left of the
mukatab would be altered because of the one who freed his portion. Had
it been a true setting-free, his estimated value would have been taken
from the property of the one who set free until he had been set
completely free as the Messenger of Allah, may Allah bless him and
grant him peace, said, 'Whoever frees his share in a slave and has
money to cover the full price of the slave, justly evaluated for him,
gives his partners their shares. If not, he frees of him what he
frees.' " (See Book 37 hadith 1).
He said, "Another
clarification of that is that part of the sunna of the muslims in
which there is no dispute, is that whoever frees his share of a
mukatab, the mukatab is not set fully free using his property. Had he
been truly set free, the wala' would have been his alone rather than
his partners. Part of what will clarify that also is that part of the
sunna of the muslims is that the wala' belongs to whoever writes the
contract of kitaba. The women who inherit from the master of the
mukatab do not have any of the wala' of the mukatab. If they free any
of their share, the wala' belongs to the male children of the master
of the mukatab or his male paternal relations."
Muwatta Malik Book 39, Hadith 12
"I saw 'Uthman bin 'Affan, may Allah be pleased with him, performing Wudu'. He poured water on his hands three times and washed them, then he rinsed his mouth and his nose, then he washed his face three times, then he washed his right arm to the elbow three times, then the left likewise. Then he wiped his head, then he washed his right foot three times, then the left likewise. Then he said: 'I saw the Messenger of Allah (ﷺ) performing Wudu' like I have just done. Then he said: 'Whoever performs Wudu' as I have done, then prays two rak'ahs without letting his thoughts wander, his previous sins will be forgiven.'"
Sunan an-Nasa'i Book 1, Hadith 84
Yahya related to me from Malik from Yazid ibn Abdullah ibn al-
Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn
Abd ar-Rahman that Abu Said al-Khudri said, "The Messenger of Allah,
may Allah bless him and grant him peace, used to do itikaf in the
middle ten days of Ramadan. One year he was doing itikaf and then,
when it came to the night of the twenty-first, which was the night
before the morning when he would normally have finished his itikaf, he
said, 'Whoever has done i'tikaf with me should continue doing itikaf
for the last ten days. I saw a certain night and then I was made to
forget it. I saw myself prostrating the following morning in water and
clay. Look for it in the last ten days, and look for it on the odd
days.' "
Abu Said continued, "The sky poured with rain that
night and the mosque had a roof (made of palm fronds) and the mosque
was soaked. With my own eyes I saw the Messenger of Allah, may Allah
bless him and grant him peace, leave with traces of water and clay on
his forehead and nose, in the morning after the night of the twenty-
first."
Muwatta Malik Book 19, Hadith 11
Yahya said that Malik said, "The way of doing things in our
community about which there is no dispute is that women do not swear
in the swearing for the intentional act. If the murdered man only has
female relatives, the women have no right to swear for blood and no
pardon in murder."
Yahya said that Malik said about a man who
is murdered, "If the paternal relatives of the murdered man or his
mawali say, 'We swear and we demand our companion's blood,' that is
their right."
Malik said, "If the women want to pardon him,
they cannot do that. The paternal relatives and mawali are entitled to
do that more than them because they are the ones who demand blood and
swear for it."
Malik said, "If the paternal relatives or
mawali pardon after they demand blood and the women refuse and say,
'We will not abandon our right against the murderer of our companion,'
the women are more entitled to that because whoever takes retaliation
is more entitled than the one who leaves it among the women and
paternal relatives when the murder is established and killing
obliged."
Malik said, "At least two claimants must swear in
murder. The oaths are repeated by them until they swear fifty oaths,
then they have the right to blood. That is how things are done in our
community."
Malik said, "When people beat a man and he dies
in their hands, they are all slain for him. If he dies after their
beating, there is swearing. If there is swearing, it is only against
one man and only he is slain. We have never known the swearing to be
against more than one man."
Malik spoke about a slave who had
his hand or foot broken and then the break mended . He said, "The one
who injured him is not obliged to pay anything. If that break causes
him loss or scar, the one who injured him must pay according to what
he diminished of the value of the slave."
Malik said, "What
is done in our community about retaliation between slaves is that it
is like retaliation between freemen. The life of the slave-girl for
the life of the slave, and her injury for his injury. When a slave
intentionally kills a slave, the master of the murdered slave has a
choice. If he wishes, he kills him, and if he wishes, he takes the
blood-money. If he takes the blood-money, he takes the value of his
slave. If the owner of the slave who killed wishes to give the value
of the murdered slave, he does it. If he wishes, he surrenders his
slave. If he surrenders him, he is not obliged to do anything other
than that. When the owner of the murdered slave takes the slave who
murdered and is satisifed with him, he must not kill him. All
retaliations between slaves for cutting off of the hand and foot and
such things are dealt with in the same way as in the murder."
Malik said about a muslim slave who injures a jew or christian, "If
the master of the slave wishes to pay blood-money for him according to
the injury, he does it. Or else he surrenders him and he is sold, and
the jew or christian is given the blood-money of the injury or all the
price of the slave if the blood-money is greater than his price. The
jew or christian is not given a muslim slave."
Muwatta Malik Book 44, Hadith 3
`Urwa said, "Aisha told me that Allah's Messenger (ﷺ) used to examine the women
emigrants. We have been told also that when Allah revealed the order that the Muslims should return
to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the
Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives,
Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya
married Qariba and Abu Jahm married the other."
When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if
any of your wives have gone from you to the unbelievers and you have an accession (by the coming
over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of
what they had spent (on their Mahr)." (60.11)
So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the
Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting
their husbands.
We do not know any of the women emigrants who deserted Islam after embracing it. We have also
been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet (ﷺ) as a Muslim emigrant during the
truce. Al-Akhnas bin Shariq wrote to the Prophet (ﷺ) requesting him to return Abu Basir.
Sahih al-Bukhari Book 54, Hadith 20
Um (the mother of) Haritha came to Allah's Messenger (ﷺ) after Haritha had been martyred on the Day (of
the battle) of Badr by an arrow thrown by an unknown person. She said, "O Allah's Messenger (ﷺ)! You
know the position of Haritha in my heart (i.e. how dear to me he was), so if he is in Paradise, I will not
weep for him, or otherwise, you will see what I will do." The Prophet (ﷺ) said, "Are you mad? Is there
only one Paradise? There are many Paradises, and he is in the highest Paradise of Firdaus." The
Prophet added, "A forenoon journey or an after noon journey in Allah's Cause is better than the whole
world and whatever is in it; and a place equal to an arrow bow of anyone of you, or a place equal to a
foot in Paradise is better than the whole world and whatever is in it; and if one of the women of
Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven)
with light, and would fill whatever is in between them, with perfume, and the veil of her face is better
than the whole world and whatever is in it."
Sahih al-Bukhari Book 81, Hadith 156