We entered upon Ibn `Abbas and he said "Are you not astonished at Ibn Az-Zubair's assuming the
caliphate?" I said (to myself), "I will support him and speak of his good traits as I did not do even for
Abu Bakr and `Umar though they were more entitled to receive al I good than he was." I said "He (i.e
Ibn Az-Zubair) is the son of the aunt of the Prophet (ﷺ) and the son of AzZubair, and the grandson of Abu
Bakr and the son of Khadija's brother, and the son of `Aisha's sister." Nevertheless, he considers
himself to be superior to me and does not want me to be one of his friends. So I said, "I never
expected that he would refuse my offer to support him, and I don't think he intends to do me any good,
therefore, if my cousins should inevitably be my rulers, it will be better for me to be ruled by them
than by some others."
Sahih al-Bukhari Book 65, Hadith 188
Malik said, "The best of what is said about a man who buys the
mukatab of a man is that if the man wrote the slave's kitaba for
dinars or dirhams, he does not sell him unless it is for merchandise
which is paid immediately and not deferred, because if it is deferred,
it would be a debt for a debt. A debt for a debt is forbidden."
He said, "If the master gives a mukatab his kitaba for certain
merchandise of camels, cattle, sheep, or slaves, it is more correct
that the buyer buy him for gold, silver, or different goods than the
ones his master wrote the kitaba for, and that must be paid
immediately, not deferred."
Malik said, "The best of what I
have heard about a mukatab when he is sold is that he is more entitled
to buy his kitaba than the one who buys him if he can pay his master
the price for which he was sold in cash. That is because his buying
himself is his freedom, and freedom has priority over what bequests
accompany it. If one of those who have written the kitaba for the
mukatab sells his portion of him, so that a half, a third, a fourth,
or whatever share of the mukatab is sold, the mukatab does not have
the right of pre-emption in what is sold of him. That is because it is
like the severance of a partner, and a partner can only make a
settlement for a partner of the one who is mukatab with the permission
of his partners because what is sold of him does not give him complete
rights as a free man and his property is barred from him, and by
buying part of himself, it is feared that he will become incapable of
completing payment because of what he had to spend. That is not like
the mukatab buying himself completely unless whoever has some of the
kitaba remaining due to him gives him permission. If they give him
permission, he is more entitled to what is sold of him."
Malik said, "Selling one of the instalments of a mukatab is not halal.
That is because it Is an uncertain transaction. If the mukatab cannot
pay it, what he owes is nullified. If he dies or goes bankrupt and he
owes debts to people, then the person who bought his instalment does
not take any of his portion with the creditors. The person who buys
one of the instalments of the mukatab is in the position of the master
of the mukatab. The master of the mukatab does not have a share with
the creditors of the mukatab for what he is owed of the kitaba of his
slave. It is also like that with the kharaj, (a set amount deducted
daily from the slave against his earnings), which accumulates for a
master from the earnings of his slave. The creditors of his slave do
not allow him a share for what has accumulated for him from those
deductions."
Malik said, "There is no harm in a mukatab
paying off his kitaba with coin or merchandise other than the
merchandise for which he wrote his kitaba if it is identical with it,
on time (for the instalment) or delayed. "
Malik said that if
a mukatab died and left an umm walad and small children by her or by
someone else and they could not work and it was feared that they would
be unable to fulfil their kitaba, the umm walad of the father was sold
if her price would pay all the kitaba for them, whether or not she was
their mother. They were paid for and set free because their father did
not forbid her sale if he feared that he would be unable to complete
his kitaba. If her price would not pay for them and neither she nor
they could work, they all reverted to being slaves of the master.
Malik said, "What is done among us in the case of a person who
buys the kitaba of a mukatab, and then the mukatab dies before he has
paid his kitaba, is that the person who bought the kitaba inherits
from him. If, rather than dying, the mukatab cannot pay, the buyer has
his person. If the mukatab pays his kitaba to the person who bought
him and he is freed, his wala' goes to the person who wrote the kitaba
and the person who bought his kitaba does not have any of it."
Muwatta Malik Book 39, Hadith 7
The Messenger of Allah (ﷺ) said to al-Abbas ibn AbdulMuttalib: Abbas, my uncle, shall I not give you, shall I not present to you, shall I not donate to you, shall I not produce for you ten things? If you act upon them, Allah will forgive you your sins, first and last, old and new, involuntary and voluntary, small and great, secret and open.
These are the ten things: you should pray four rak'ahs, reciting in each one Fatihat al-Kitab and a surah. When you finish the recitation of the first rak'ah you should say fifteen times while standing: "Glory be to Allah", "Praise be to Allah", "There is no god but Allah", "Allah is most great". Then you should bow and say it ten times while bowing. Then you should raise your head after bowing and say it ten times. Then you should kneel down in prostration and say it ten times while prostrating yourself. Then you should raise your head after prostration and say it ten times. Then you should prostrate yourself and say it ten times. Then you should raise your head after prostrating and say it ten times in every rak'ah. You should do that in four rak'ahs.
If you can observe it once daily, do so; if not, then once weekly; if not, then once a month; if not, then once a year; if not, then once in your lifetime.
Sunan Abi Dawud Book 5, Hadith 48
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab was asked whether a man who had vowed to fast a month
could fast voluntarily, and Said said, "He should fulfil his vow
before he does any voluntary fasting."
Malik said, "I have
heard the same thing from Sulayman ibn Yasar."
Malik said,
"If someone dies with an unfulfilled vow to free a slave or to fast or
to give sadaqa or to give away a camel, and makes a bequest that his
vow should be fulfilled from his estate, then the sadaqa or the gift
of the camel are taken from one third of his estate. Preference is
given to it over other bequests, except things of a similar nature,
because by his vow it has become incumbent on him, and this is not the
case with something he donates voluntarily. They (vows and voluntary
donations) are settled from a limited one-third of his estate, and not
from the whole of it, since if the dying man were free to dispose of
all of his estate, he might delay settling what had become incumbent
on him (i.e. his vows), so that when death came and the estate passed
into the hands of his heirs, he would have bequeathed such things
(i.e. his vows) that were not claimed by anyone (like debts). If that
(i.e. to dispose freely of his property) were allowed him, he would
delay these things (i.e. his vows) until when he was near death, he
would designate them and they might take up all of his estate. He must
not do that."
Muwatta Malik Book 18, Hadith 45
The people passed by the Messenger of Allah (ﷺ) with a Jew who was blackened with charcoal and who was being flogged.
He called them and said: Is this the prescribed punishment for a fornicator?
They said: Yes. He then called on a learned man among them and asked him: I adjure you by Allah Who revealed the Torah to Moses, do you find this prescribed punishment for a fornicator in your divine Book?
He said: By Allah, no. If you had not adjured me about this, I should not have informed you. We find stoning to be prescribed punishment for a fornicator in our Divine Book. But it (fornication) became frequent in our people of rank; so when we seized a person of rank, we left him alone, and when we seized a weak person, we inflicted the prescribed punishment on him. So we said: Come, let us agree on something which may be enforced equally on people of higher and lower rank. So we agreed to blacken the face of a criminal with charcoal, and flog him, and we abandoned stoning.
The Messenger of Allah (ﷺ) then said: O Allah, I am the first to give life to Thy command which they have killed. So he commanded regarding him (the Jew) and he was stoned to death.
Allah Most High then sent down: "O Apostle, let not those who race one another into unbelief, make thee grieve..." up to "They say: If you are given this, take it, but if not, beware!...." up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) unbelievers," about Jews, up to "And if any do fail to judge by (the right of) what Allah hath revealed, they are no better than) wrong-doers" about Jews: and revealed the verses up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those who rebel." About this he said: This whole verse was revealed about the infidels.
Sunan Abi Dawud Book 40, Hadith 98